Skip to content
Real Estate

Real estate Q&A: Dealing with flood damage caused by neighbor

My apartment has been flooded several times this year due to my upstairs neighbor's kid letting the tub overfill.

    by Gary M. Singer, Sun Sentinel (TNS)
    Published 

Q: My apartment has been flooded several times this year due to my upstairs neighbor's kid letting the tub overfill. Previously, the damage was minor, but this time there was a lot of damage, and I had to make a claim on my hazard insurance. I don't want to cause an issue with my neighbor, but this can't continue. What can I do?

-- Sharon

A: I am glad to see that you have hazard insurance -- something a surprising amount of condo and apartment dwellers don't have. Without it, you could have been facing a serious financial issue. After paying you to repair the damage to your home, your insurance company most likely will try to seek reimbursement from your neighbor, possibly by filing suit. This surely will send a clear message.

At this point, your neighbor is being careless, so you need to speak up. You should politely tell the neighbor about the damage. If the neighbor is a renter, also speak to the landlord. Also, put the building management on notice of the repeated problem. This has to stop -- both for the damage it is causing to your home and the increases in your insurance rates.

I agree that it's important to maintain a good relationship with the neighbor. But if this doesn't stop and communicating your concerns does not help, you will need to seek the assistance of an attorney.

---

ABOUT THE WRITER

Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He is the chairperson of the Real Estate Section of the Broward County Bar Association and is an adjunct professor for the Nova Southeastern University Paralegal Studies program. Send him questions online at http://sunsent.nl/mR20t7 or follow him on Twitter @GarySingerLaw.

The information and materials in this column are provided for general informational purposes only and are not intended to be legal advice. No attorney-client relationship is formed. Nothing in this column is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction.

---

(c)2015 Sun Sentinel

Visit Sun Sentinel at www.sun-sentinel.com

Distributed by Tribune Content Agency, LLC.