Hello,
I recently found out that a leaky faucet has caused a significant amount of water damage and mold to the wall of a unit below us. I don't deny responsibility for the damage, but I'm wondering if the owner (an investment company) shares any responsibility with me since they failed to notify us of the problem. I was told by the tenant that has lived there for a year that the owners have painted over the mold a couple of times when she complained to them. It was painted over once a few months ago, and then again, only a few days ago. However, just today, water began leaking from the wall which obviously could not just be covered up. Is the responsibility all mine? Does anyone know if homeowners insurance on either side should/can involved? Thanks in advance!
Regards,
Martha
Editor's Response
Well . . . I think you raise a valid (though not necessarily successful) defense, at least to part of the cost of repair, if the other owner's failure to notify you caused an increase in the damages. However, I would start by, as you suggest, looking into your home owner's insurance and asking the other unit owner to do the same. If you are covered, you can let the insurance company worry about who should pay what.
Thanks for the quick
Thanks for the quick response, Editor. I believe, after reviewing my homeowner's insurance policy last night, that our insurance will not cover the damage since it would be considered a persistent leak that led to the problem rather than a sudden leak. I will be checking with the other owner to see if they have any insurance coverage. I appreciate that you feel I've made a valid defense, but do you think any of it will hold up legally if I insist that the costs should be shared somehow, even if not at 50/50? What would be considered a fair share?
Thanks!