I own a condo on the first floor which I rented out. 2 months ago, my tenant sent me a message saying there is a leak with water pouring into his closet. Over a two month span, this occured 4 times and each time the owner of the upstairs unit has sent out a handy man to "fix" the issue. After the second occurance I asked him to send out a liscenced plumber to truly asses the issues to ensure it would not happen... he rejected the request, and my apartment leaked 2 again there after. As a result, my tenant is breaking his lease, with the intent to move out at the end of the month.
My insurance is fixing the damages. can I sue the unit upstair for loss rent associted for the time my tenant leaves untill I can rerent the unit?
Sure if you are willing to lay out a few thousand bucks in costs and attorneys fees, and have the evidence to show the lea came from somewhere inside neighbor's unit that he/she is responsible for. It will depend on how much lost rent you have as you are unlikely to recoup your attorney's fees and cost; which may end in a close to a wash. And neighbor could defend if you do not try to re-rent the unit and claim the rest of the months as damages. It may be throwing good money at bad.
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Not at all likely; but you can certainly try if it floats yer boat. Just consult and retain a good local real estate litigator (note: it could cost more in legal fees than you can hope to recover).
Hope this helps.
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