How do I file suit against my landlord for failing to make repairs to my water damaged apartment?
April 22, 2010 by
Filed under condo water damage
I rent a condo that sustained water damage from the bathroom upstairs. The owner of my condo is battling with the owner of the condo upstairs. They are both claiming the other has to pay for the repairs. In the meantime, my apartment still hasn’t been repaired. It’s been over a month. I’m concerned because I am currently pregnant. The damage is extensive and I fear there is mold growing.
Contact the head of the condo, you are not involved in that dispute but let them know if your unit is not repaired, then you will go to court. You then go to your local county court and file with the county clerk, they will tell you what you need to do.
You can not sue because the property does not belong to you. He is the one with the damages, not you. It is absurd that you would be thinking you can sue him for his own property.
Nothing is going to get done until the 2 owners resolve their dispute. It is not like he is not doing it just because he is a putz! There is nothing to file in this situation. You just have to wait until they get it resolved.
your landlord really should just go ahead nad make repairs and then seek reimbursement from the other owner. As a tenant you should not have to be in the middle of this battle.
If you have to, hire a lawyer and take them both to court also get ahold of your county health department and housing authority to find out what the law requires in your area.
I hope this gets straightened out soon. you shouldn’t have to put up with this
Is this causing you any problems in your condo? It sounds like you fear mold, but have no proof that there is any. Has this made your home unlivable?
If not, you have no recourse.
Call the housing inspector, they will issue a violation and your landlord will be forced to make the repairs.
The fact that they are locked in a dispute has absolutely nothing to do with your landlord’s duty to you to make sure your apartment is repaired. He can make the repairs and then fight with his insurance company, their insurance company, the other owner, the condo association and whomever else he wants to. It’s not your problem.
You can’t sue him for failing to make such repairs. Your option is to contact the local building inspection department or health department to determine whether or not the unit is considered uninhabitable. If it is not found to be such, you have no issue of complaint, other than inconvenience.
Unless the unit is found to be unsafe for human habitation, there is nothing you can do.