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

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.

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?

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Attorney answers 2


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?


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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