Do I have a case? What type of attorney do I need?

Asked about 1 year ago - La Jolla, CA

The tenant above my condo flooded my condo by clogging his toilet with non-flushable wipes.
The condo owner had a company come in and remove my walls and hardwood floor.
At first they said they would take care of everything, but a week a later after “googling” they feel they are not liable for my damages. The estimate is around $30.000 to repair the walls and replace the flooring. I don’t have insurance and they claim they let theirs lapse.

Additional information

Just to clarify:
It was the owner of the condo above me paid for removal of my condo walls and flooring.
Also--would this be an admission of liability?

Attorney answers (2)

  1. James Carl Eschen III

    Contributor Level 16

    1

    Lawyer agrees

    Answered . The owner of the upstairs condo did nothing, so he is not liable. The tenant is the one who would be liable. Also, the HOA's insurance may cover you, since a neighbor caused the problem.

    Why do you not have insurance to protect this important investment?

  2. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . You need to submit a claim to the upstairs owner's insurance company, to your own insurance company, and to your hoa's insurance company. One or all of them should provide some coverage.

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