FL, Water damage from upstairs unit but owner won't cooperate

There is water damage in my condo coming from the unit above me. I noticed water dripping through the ceiling and tried to notify my upstairs neighbor, but nobody was home. So I got someone from the association and the found a person with a key. Turns out the whole place is flooded due to a crack in the toilet tank. The person living in the place is the mother of the owner who doesn't stay there all the time.

The owner won't cooperate and I do not have insurance for my condo.

Now I don't quite know where to start, since there are repairs that have to be done. Stareting with having someone come to dry out the walls and ceiling to avoid mold. But I don't have the money to hire someone and also no insurance to file a claim with. The owner of the upstairs unit told me that the damage was not done by his negligence and hasn't given me his insurance information.

I kinda need to know what the right thing is to do next.

[Lexus]

From the facts it is presumed that you are a tenant in that condo. If so first of all let me remind you that as a tenant you have got some legal rights that guarantee that the building should be in a habitable condition. The LL is duty bound to perform his part in order to keep the premises in a habitable condition. Fl LL Tenant law (Florida statutes section 83.51) deals with the responsibilities of the LL, in which it clearly states that ‘roof must not leak’, ‘All houses or apartments must have a flush toilet in good working condition’. So as a tenant you have the right to ask your LL to cure the defect within a reasonable time. If your landlord has failed to comply with the previous listed code responsibilities, and has ignored your request to undo their unlawful action, you can contact The Code Enforcement Branch of city or county in which you reside and request that they contact your landlord and explain that their action is illegal and violates your local code. If your landlord fails to do what the law or lease requires, you may be able to withhold the rent. You must give notice of your intention by certified mail at least seven days before the rent is due to allow time for the landlord to remedy the problem. If the problem is not corrected within seven days and you with hold the rent the landlord may take you to court to collect it. You must then pay the rent into the court registry pending the judges determination of the case.

You would only be able to have renter's insurance anyway, and that only covers your personal belongings. Same goes for the tenant upstairs. He or she is not required to give you his/her insurance information, as renter's insurance does not cover damage to the actual structure.

If the structure itself is being damaged, the onus is on the property owner (in this case, the landlord) to repair and maintain it. The landlord should have insurance.

It's not your obligation to repair this. It's the landlord's. If there is mold growing in the unit, document it and inform the landlord that unless the matter is resolved to your satisfaction, you will be legally entitled to break the lease and move without early termination penalty.

I also have the same problem and have been told the same thing but I am the owner.

There is water damage in my condo coming from the unit above me. The whole place is flooded due to a busted pipe from the unit above mine.

I am being told that it is my responsibility to fix the damage because it was not done by his negligence.

Can you please inform me of the florida law for owners on this?

As unit owner's, you would be responsible to carry coverage similar to any regular homeowners policy. The difference would only be that your unit owners policy would not cover damage that is the responsiblity of the condo association such as Drywall. If a fire were to damage your unit, the associations master policy would not cover the interior of unit such as the paint, flooring, cabinets, fixtures, & doors.You are responsible for more than your personal contents. So many condo unit owners are uneducated on what they are responsible for. Simply google it. You would be liable for any damage caused to another unit if you are found to be negligent. Insurance companies will pursue what is called Subrogation against you for failing to do something that could have prevented damage to others. Such as failing to replace a 30 year old water heater before it burst when you have been advised to do so in the past. Contact any insurance company and ask about a Condo Unit owners policy. The policy would also include Liability coverage which would protect you in event that you are liable for damage or injury to another person. A unit owner is not a renter but a tenant leasing your unit could obtain this policy which would coverh their personal affects as well as giving them liabilty coverage covering them for damage they caused such as a kitchen cooking fire.

I live in Maryland and an owner of a condo unit. water was coming thru my bedroom ceiling as a result of a leakage from a unit on the 3rd floor. the Maintance staff cut a whole in my ceiling to drain the water however no one has came to repair it. I was denied by my insurance company for repairs. who is responsible for repairing damages to my ceiling b/c I am getting so confussed. Is it me?, owner of other unit, or the Condo Association/Managment?

[Friend In Court]

The owner of the unit above is responsible for any damage caused by water leaking from the unit he owns. The condo association is responsible to maintain the exterior.

So you need to contact the owner of the upstairs unit and advise the damage need to be taken care of. If he does not do so promptly, then you may sue.

Originally Posted by Unregistered I live in Maryland and an owner of a condo unit. water was coming thru my bedroom ceiling as a result of a leakage from a unit on the 3rd floor. the Maintance staff cut a whole in my ceiling to drain the water however no one has came to repair it. I was denied by my insurance company for repairs. who is responsible for repairing damages to my ceiling b/c I am getting so confussed. Is it me?, owner of other unit, or the Condo Association/Managment?

Do you own or rent the condo?

The repairs are the owner's (or condo association's if that's the case) responsibility. This is why your insurance didn't cover it. If your personal belongings have been damaged as a result, your insurance should have taken care of that.

Sorry. Upon reading your post again, "Friend" is correct. The owner whose unit caused the damage is responsible. Not the condo association.

If it's a rental situation, the landlord is responsible for structural repairs regardless of who is ultimately responsible for the damage.

I have the oposite problem, I am that neighbor upstairs, but I am willing to repair the damges. My downstairs neighbor had a water leak from my bathroom when I had an overflow weeks ago. I've fixed my side repalcing the doughnut and recaulking, in fact there is no more leaking. He doesn't not want me to repair his ceiling until I replace my whole toilette pipe. This is a major repair that I consider unnecessary since the problem is not present anymore - am I in the obligation of making these repairs??
Any help is greatly appreciated
Thanks!