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Pipe leak in neighbour's apartment
Hello,
I have the following question: my apartment is on the 3rd floor, three floors below me are owned by another owner, who is currently renovating 1st and second floor (hence they are unoccupied). Now there seems to be a leak from a waste water pipe joint (pipe that runs through the apartment block - the kitchen one) on the first floor which resulted in water damage of the ceiling on the ground floor. The neighbour insists it is my sole responsibility to fix the leak and bear the costs of the water damage repair because I am currently the only one using water (since the other apartments below me are unoccupied). Is this correct? Am I responsible for repairing it and for fixing the damage?
Thank you in advance
I can understand (perhaps) if all the apartments shared the cost proportionately because everyone is using the same pipe, but asking you to pay for it because you are using water sounds crooked to me. Perhaps there is something in the legal documents about this.
You should have insurance to cover this - damage to neighbouring apartments.
You don't say whether you are renting or the owner but, if you are renting, It is usually mentioned in your contract and should have been confirmed by your landlord.
In any case, assuming that you are insured, contact your insurers and let them sort it out. They will certainly know the legal implications and you pay your premium so that they can deal with things like this for you.
> Am I responsible for repairing it and for fixing the damage?
If you are, it will be covered by your insurance. If you are not, your insurance should claim from the 3rd party's insurance. If the damage is not to your property, the owner will need to claim on his insurance.
My reasoning would be that your water going through the pipes is totally normal and is not the problem. The problem is the damage to the water pipe which is not in the your appartment, so it should in general not be your problem (alone).
Do you have a syndic? Normally in a house with more than one owner, this kind of problem (damage to a shared part of the house, like roofs, water pipes, main entry door etc) should be fairly standard and the solution should be as well!
