Results 1 to 3 of 3
  1. #1
    Join Date
    Oct 2015
    Posts
    2

    Default Are You Responsible for Repairs to a Downstairs Unit from an Air Conditioner Leak

    My question involves a condominium located in the State of:

    We recently had a leak from our AC that damaged some of a downstairs neighbor's interior drywall. Before the source of the leak was identified he said he was going to have a plumber come look around his place and that the plumber may need to get in our place as well. I knew I was going to be at work and may not be able to make it back when the plumber showed up so I left a key under our mat BUT DID NOT TELL THE NEIGHBOR THAT; I simply asked him to have the plumber call me if he needed to get in, at which point I was planning to tell the plumber how to find the key. The reason I proceeded in this fashion is that we have had some prior disputes with this neighbor and neither myself or my spouse wanted him coming in our place.

    The morning that the plumber was supposed to come, I asked him to have the plumber call me when he got there on two occasions via text. On both occasions he stated that the plumber was not there yet at that point. He asked me if I had left a key and I did not respond, as I wanted to speak with the plumber first, and was considering coming home if possible once he showed up. A little over an hour later I got a call from the neighbor who reported that he was in my unit with the plumber looking at the AC unit, that he had found the problem and was in the process of fixing it. He went on to say that he had gone searching for the key that he presumed was there and found it under the mat. Again, I never told him that I had planned to leave a key and I never gave him permission to go into the house.

    Now, I am not sure if I have given enough details to make it clear, but I asked this person multiple times to have the plumber call me so that I could arrange for the plumber to enter the house without him. I feel that it was very inappropriate to ignore my request and in particular to just look around for a key, let himself in and authorize repairs on my AC. To me this sounds like trespassing, however I am not sure if it meets the legal definition.

    While in my property he authorized plumbing repairs to be done without my consent and without allowing me to discuss with the plumber. Since then he has had his drywall repaired and asked us to pay for that. We were never allowed to participate in the process of getting a quote for the repairs.

    We feel that we should not have to reimburse him due to the fact that he entered our residence without our permission, authorized repairs to our property without our permission, and had repairs done with the expectation that we would pay for them without allowing us to participate in the bidding process. I am hoping to get an opinion regarding whether my thoughts are valid or if it is not worth pursuing and we should just pay him.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Are You Responsible for Repairs to a Downstairs Unit from an Air Conditioner Leak

    For some reason you chose not to follow the instruction to identify your state. As you were told when you posted, laws vary by state.

    If you have insurance for your condo, as you should, consider having your neighbors submit their claim to your insurance and let the insurance company deal with it.

    Whether or not you would be liable for damage to the downstairs unit will normally depend on whether you were negligent -- that could relate to the incompetent installation of a window air conditioner, or facts that indicate that you knew or should have known that it was leaking.

  3. #3
    Join Date
    Oct 2015
    Posts
    2

    Default Re: Are You Responsible for Repairs to a Downstairs Unit from an Air Conditioner Leak

    South Carolina, my apologies. I am fairly certain this is not an issue related to negligence. I do have HO6 insurance but the deductible is $1000 so I would have to pay anyway if this were deemed to be my responsibility.

    1. Sponsored Links
       

Similar Threads

  1. Condo & Co-Op Repair and Maintenance: Who is Responsible for a Condo Leak into the Unit Below
    By Joseph Anthony in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 10-12-2014, 10:34 AM
  2. Condo & Co-Op Repair and Maintenance: Downstairs Owner Demanding Payment for Water Leak Damage
    By cookielover0805 in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 10-03-2014, 03:06 PM
  3. Condo & Co-Op Repair and Maintenance: Surrounding Leak from My Condo Unit to Another Unit
    By pruneduke in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 06-18-2012, 09:12 PM
  4. Broken Water Line in Upstairs Condo Unit Flooded My Downstairs Unit
    By arked in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 01-19-2011, 10:52 AM
  5. Who's Responsible for a Water Leak into a Lower Unit
    By Tiglet in forum Real Estate Ownership and Title
    Replies: 8
    Last Post: 04-04-2010, 08:04 PM
 
 
Sponsored Links

Legal Help, Information and Resources