Ceiling water damage -- who's liable?
Started by NYCREBUBBLE
about 8 years ago
Posts: 68
Member since: Sep 2008
Discussion about
Your thoughts are appreciated. I currently reside in a high rise condo in Manhattan. I recently discovered major water damage in my bathroom ceiling. It was confirmed that there was indeed a leak in the unit above me, but their insurance claims it was not negligent and not on purpose but they had to replace parts to stop the leak. So who is at fault here? And who is responsible for fixing my ceiling? I understand that I can claim my home insurance and paying the deductible, but why am I paying for the damages and repair if I am the victim? Thanks.
My understanding of the standard practice is that you go to your insurance and they will claim from your upstairs neighbor’s insurance and condo. You may be stuck with a deductible but that may not be the case.
Is it just the drywall/cement board you need to replace? If so maybe ask your super or handy man in the building to see the cost since going thru insurance may cost you more.
Was the leak inside the wall or from an overflowing tub, sink or fixture outside the wall? Inside the wall is the building's responsibility not the upstairs neighbor.
I agree with hofo, if the cost to repair is a couple of hundred dollars you might do best by eating the cost. If you have a "nice" upstairs neighbor he/she might split the cost with you.
I had this situation. My upstairs neighbor just cut me a check to get it done nicely as he did not want a claim on his insurance.
I was told by a professional contractor that they need to remove and repair the bathroom ceiling first, let it dry, and then replaster it, and then finally re-paint it.
It's a pretty big job because of the repair (it's quite saturated w/ water) and I have been quoted some high $s (before negotiating on my end).
I read the condo by-laws but its not entirely clear. On a high level, do you think this qualifies?
I filed through my mgmt company but the process is moving like molasses which is not surprising.
Thanks guys.
Removing dry wall and redoing it nicely should not be more than $2k if you find a good handyman. It is a 2 day job. Your super will know someone. For drying, just put a heater for 24 hours. It is winter, so your apt should be pretty dry already. For summer, you would have needed dehumidifier. Contractor will be more.