Unit on the floor above us lightly flooded our condo.

[Plato]

Our condo in Florida had to be entered and they had to put serv pro type fans in the unit because the upstairs neighbor bathroom lightly flooded our unit.

We understand the flood was caused by an unlicensed repair person that the neighbor used to make faucet repairs and mirror installation.

Can we sue that upper floor neighbor in small claims for the repaint of the walls and the watermarks and light damage that the drying walls has now incurred?

[adjusterjack]

Re: Unit on the floor above us lightly flooded our condo.

I'm not familiar with the negligence laws in Austria but if they are anything like in the US there may be a Respondeat Superior (master-servant) doctrine where the person who hired the unlicensed repair person could be equally responsible.

However, you would sue both anyway.

[AFFA]

Re: Unit on the floor above us lightly flooded our condo.

I wish to inform you that the provisions of Section 364, ABGB (Austrian Civil Code) will have jurisdiction in the matter. You may serve a written notice to the neighbor for the damage due to overflow of water. If the matter is not resolved then you may file a lawsuit. The burden to prove the allegations and claims made by you in the Court will be on you. You may provide photographs and other evidence to support your view point in the Court. The Court will consider all the facts and decide the matter. You may contact an attorney and seek guidance.

AFF

[Tenderwood]

Re: Unit on the floor above us lightly flooded our condo.

I think the person said the condo was their Florida condo.
In Florida.

[Plato]

Re: Unit on the floor above us lightly flooded our condo.

Hi

Yes it was in Florida (our winter condo) and the person's insurance did cover all our repair costs.
It did seem like we had to threaten to sue first.
Thanks for all your help!! It did strengthen our resolve.

[Unregistered]

Re: Unit on the floor above us lightly flooded our condo.

AS he was REQUIRED to do!!

[wilma22]

Re: Unit on the floor above us lightly flooded our condo.

Does the building HOA need to pursue a tenant that causes flooding?

Or not really, that they are required to do so?

[Unregistered]

Re: Unit on the floor above us lightly flooded our condo.

They need to address building issues and flooding inside the building walls and common areas.

But they are not REQUIRED to help you sue a tenant for damage inside your condo walls.
That part is up to you - and your insurer if you took out insurance.

[Unregistered]

Re: Unit on the floor above us lightly flooded our condo.

Another good reason to always have insurance for the contents INSIDE your condo.
You never know what those around you are doing and what may cause damage to the inside of your unit. And the cost of such insurance is always minimal.

[Plato]

Re: Unit on the floor above us lightly flooded our condo.

Finally we just settled the entire matter.
Thanks to all for the valuable input here!

[JonathanGraham]

Re: Unit on the floor above us lightly flooded our condo.

Hi there! Sorry for replying you so late! I was searching online and randomly came to know about this thread! Taking the help from a public adjuster will help in such situation. For suing your neighbor a public adjuster or a lawyer will help in taking a suggestion and with all the legal procedure. I remember when we got water damage in the house, my friend suggested me to take the legal help from a public adjuster for filing a claim.