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Water leaking

My vacation home - 1 bed room condo in Tampa, Fl, has been damaged by the water leakage from the unit above, mold everywhere, carpet, A/C and kichen cabinate have to be replaced.

Does the owner of above unit, liable for the damages?

Please advice!

Catherine

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September 12 2011 - Tampa
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Answers (7)

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File a claim with your insurance get the work done
then let your insurance go after the owner above
Hopefully you had insurance
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July 30 2012

This is definitely a matter for an attorney. Real Estate agents are not legally trained to advise you on legal matters. Also you can refer to your HOA documents, home owner insurance policy and speak to your HOA president.

 

Good luck,

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January 05 2012
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The adjuster may pay for damage to the unit but will not often authorize any money for tenants damaged belongings. The tenant needs to pursue their rights under the lease and the local law.
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September 26 2011
Of all the times I have seen this happen, I have also witness condo units below and adjacent to the unit causing the issue to get restored in the process.  Field adjusters will be sent out to assess the extent of the water damage and will then draft up a repair work order.  That repair work order will usually include all the units damaged by the water leakage. 
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September 26 2011
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You need to get legal advice and document everything. I don't know if the owner is liable, but you can try the avvo board here and ask an attorney in your state for free what they think.

I think you also need to notify you landlord of the leak in writing, take photos of everything inside the condo including any damaged personal property and document the state of the property now after the leak to cover yourself just in case.

Photos are cheap to take, but they can really help you later especially if mold becomes a continuing problem and you need to move later on.
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September 12 2011
The answer depends on a lot of variables:

Community HOA docs
Insurance Policies
Circumstances of the leak

A Real Estate Agent is not legally trained to advise you on this topic, and if they do, they are out of their league! This is definitely a matter for an attorney!
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September 12 2011
This is in the realm of legal advice. You should consult with an attorney.

Best of luck!
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September 12 2011
 
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