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Question regarding damage done to my condo

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Thome25

Junior Member
I currently own a downstairs condo in California and the bathtub in the upstairs unit leaked and caused water damage to my ceiling and wall of my bathroom. This is the 2nd time that this tub has leaked and the owner of the condo has sealed the tub "A second time", but does not feel the need to replace the tub. The first time the tub leaked was about 5 years ago, and he somehow convinced our association to pay the bill.

When I contacted my home owners insurance, my agent said that I would need to use them to fix my damage. If this is true, my question is how does the owner of the upstairs unit not be responsible for the damage that was created by his tub leaking? Since he will not replace the tub, I feel that I am at his mercy and wonder when his tub will leak again?

Thank you for taking the time to respond to my questions!

Best Regards,

Ryan
 


Zigner

Senior Member, Non-Attorney
Why do you think the upstairs neighbor wouldn't be responsible? Sue the neighbor.
 

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