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jkung · Feb 11, 2009, 05:05 PM

I own a condo and I am doing a bathroom remodel. My contractor found that my neighbor had a overflow drain pipe leak. It's now fixed. The leak damaged the drywall in my bathroom ceiling and 2 walls. I heard that legally she is responsible to replace my drywalls and re-paint as well as being obligated to use my contractor to fix it as long as the quote is within reason. Is this true? Thank you!

amsteube · Feb 11, 2009, 09:28 PM

That is an interesting question and the best answer is that it all depends on the way your lease is written. I think that if you have a shared wall that the plumbing is running through you would have a hard time proving when and how this was damaged. You could probably take your neighbor to small claims court for the damages but since you already have had the remodel done I don't know that I would bother. Small claims court can issue a judgment in your favor but they have no means of forcing someone to pay other than waiting for their repayment frame and taking them back to court.

Remember that even if you do win a judgment against this person you still have to live next door to them.

Aaron

excon · Feb 12, 2009, 05:43 AM

Originally Posted by jkung

I heard that legally she is responsible to replace my drywalls and re-paint as well as being obligated to use my contractor to fix it as long as the quote is within reason. Is this true?

Hello j:

Pretty much true. I'd get three estimates. They'll be obligated to pay the smallest. You, on the other hand, can use anybody to do the work that you choose.

Aaron was correct. Winning a judgment is only HALF the battle.

excon

JudyKayTee · Feb 12, 2009, 07:28 AM

Originally Posted by amsteube

That is an interesting question and the best answer is that it all depends on the way your lease is written. I think that if you have a shared wall that the plumbing is running through you would have a hard time proving when and how this was damaged. You could probably take your neighbor to small claims court for the damages but since you already have had the remodel done I don't know that I would bother. Small claims court can issue a judgment in your favor but they have no means of forcing someone to pay other than waiting for their repayment frame and taking them back to court.

Remember that even if you do win a judgment against this person you still have to live next door to them.

Aaron

There is no lease - it's a condo which the OP owns. See if it's covered in paperwork from the HOA.

Otherwise, I agree with excon (as usual) - three estimates. Their insurance should pay. If not, sue.