What's worse than taking damage randomly from someone else's mistake, costly property damage like water damage in a house or an apartment? Not much, and what's worse is that sometimes you won't even be able to recoup your losses. It can be a kind of sticky situation when determining who is responsible for a condo leak above you. Still, work through the systems available. You might be able to come to a solution that lets you not take too much physical or financial damage. Some of the most critical steps to take are contacting the building owner or manager and your insurer, beginning to figure out who is responsible by talking to these people, and examining local law and policy so that you can learn whether or not you have a claim. It would help if you did this fast to avoid bad outcomes.
Contacting The Builder Owner & Insurer
When a leak or some damage like that occurs, it's best to contact your insurer and your building manager or owner immediately. Don't wait to report the damage. Ensure you do it quickly and accurately because your claim can be hurt if they can determine that negligence to address the problem was an aspect in your case. While doing this, make sure to reduce and mitigate any further damage as much as you can. You can do this by removing freestanding water, moving away from all belongings and valuables so that you don't incur further damage, and making sure to monitor the leak and take action if something else occurs. When dealing with water damage from the condo above you, it's essential to follow all of these steps. You don't want to make it harder on yourself to deal with the problem than it already will be.
Who is Responsible?
Many condos in different areas make a noticeable distinction between damage in-unit and damage outside the condo. Anything in the unit is the responsibility of the renter or tenant. In contrast, damage outside of the unit, in the 'common element,' is the owner's responsibility or the building manager. The key here is determining whether or not the damages are yours to deal with. While this may seem unfair, this is how the law is, and the best thing to do is to try and figure out whether or not you're going to have to pay for the damages. In most situations, the negligent party will ultimately be responsible, so if that's your upstairs neighbor, it's a good thing for you. No matter what, make sure your contact your insurance company and get a claim ready in either situation, whether the other tenant was negligible or not.
Reviewing Local Laws And Your Policy
Once you've done all of the above, it's time to review local laws and policies. Depending on the area or state you live in, they may be different, but generally, as stated above, the negligent party is responsible for the damages. Go further: what about your condo insurance? How good is your water damage coverage in your policy if you end up shouldering it? Can you afford your deductible, and will your insurer cover the rest? All of these questions are important to ask when dealing with this kind of trouble. By talking with the building manager or owner and contacting your insurer, you should be able to come to a satisfying resolution as long as there was no negligence at your fault. Do your best to mitigate damage and show the claims adjuster what happened. Try to get it covered. And make sure you know everything you can about your case.