My question involves landlord-tenant law in the State of: Texas
Upstairs unit in 2 story condo, has a catch all drain pipe, where all drains feed into one line thru branches and joints into one and then flows down thru downstairs unit wall. Downstairs tenant heard water running/leaking behind a wall. He located the area opened up a small hole in the drywall, and discovered a joint to the pipe had burst and water was indeed flowing into his wall, and that this drain line/pipe was coming down from the upstairs unit. He wrapped and duct taped it until the plumber arrived, asked the neighbor not to use the water and called the plumber. . Again this is a drain line not a waterline.
Plumber arrives and noticed that this wall had been opened and patched before. Very visible patch job. Upon opening the wall further to make repair, the joint in the wall that burst, had also been repaired, and done very poorly and determined that this was the cause for the joint finally fail and burst. As well, the top of this joint had a crack line that was covered in debris, while the bottom was clean and sharp. showing that it had been cracked and slowly leaking for quite sometime, and finally gave way and eventually burst. The wood framing had old water stains and the dry wall at the bottom of this wall was rotten and the base board had pulled away form the wall. So this had been slowly leaking form the old crack in the same spot, for quite some time. He also found that the joint to the left also coming from above tying in another brach, was poorly repaired, not fitted properly and was already cracked as well.
So, my question is: Downstairs wall, in downstairs unit, had been leaking for long time and visible signs of improper repair prove this was the cause. However, the pipe is the catch all, routing water from the upstairs unit, out to the the street. So which tenant is liable for the cost of repair...or is this the responsibility of the HOA?

