T.M. from New Haven County, Connecticut writes:
Dear Mister Condo,
I moved into a condo on the 2nd floor 2 months ago. My neighbor above me moved in the same week. Their dishwasher leaked into my unit after we both moved in. It is clear from the home inspection report for my unit that the damage did not previously exist to my purchase of the unit. The association is not responsible for the damage as the line was to the dishwasher from the wall and the unit owners are responsible for plaster/drywall and paint. The prior unit owner who still lives in the same building says he never used the dishwasher when he lived there, he always eats out, so it has been likely sometime since the dishwasher was used. Who is responsible for the ceiling damage to my unit? My insurance deductible is $1000 and the damage to my ceiling would be unlikely to exceed my deductible. I’m guessing it will be around $500-$600. Any thoughts would be appreciated.
Mister Condo replies:
T.M., while I am certainly sorry that your unit was on the receiving end of the damage, it is most likely going to be you that ends up picking up the repair costs because your insurance deductible is above the cost of the damage. All of the circumstantial information you have provided about the previous owner not having used the dishwasher and so on will not have a bearing on the outcome. Homeowners insurance is used to protect you from catastrophic claims. For instance, if the dishwasher supply line ruptured and water ran into your unit for hours or days and caused $5,000 or more in damage, your policy would still cover you except for the $1,000 deductible which you will always have to pay out of pocket when damage occurs to your unit. Since the dollar amount is relatively small, taking your new neighbor to Small Claims Court is an option but likely would cost you more in time, effort, and legal fees than the actual settlement you would receive. You can certainly ask your new neighbor to pay up or even offer to pay for half of the cost of repair as a sign of good faith but they may have no legal obligation to do so. As you know, I am not an attorney and offer no legal advice here. If you feel you have a claim against your neighbor or your association, you should speak with an attorney to see what further options are available to you. If it were me, I would simply accept that accidents happen, pay for the repair, and investigate how much more it would cost me to have an insurance policy with a lower deductible. All the best!
Generally both unit owners contact their home owners insurance companies. The insurer for the flooded unit would then have the insurance for the upper unit cover the deductible
When my washer hose broke and flooded the downstairs neighbor’s unit I paid her deductible and her insurance covered the rest. While legally I wasn’t required to, it just seemed like the right thing to do. It certainly helped maintain good neighborly relations.
If It were me I would find out where the water came from and see that it’s repaired
how about when your upstairs neighbors are purposely putting water on your ceiling trying to make it collapse because they are racist and your landlord and no one else believes you and say the ripples that appeared on ceiling are normal plus have no proof because no water damage has set in yet but you hear the water being poured on it sounding like it’s raining not to mention they said they have no leaks and no plumbing runs in that area either, how do you go about that ?
N., that is a horrible thing for a neighbor to do. Racism should not be tolerated and should be reported to the police. As for intentional damage to the unit interior of another unit, that should be reported to the Board or Property Manager. Be sure you have adequate insurance because it sounds as if your “neighbor” is intent on causing damage to the interior of your unit. Good luck!