Legal Question in Real Estate Law in California

Condo Liability

The tenant that lives below us recently notified us that there is a ''water bubble'' in her bathroom ceiling (in shower area). The next day we called a plumber who came in to give us an estimate but he said that we have to have a professional ''dryer'' come in to drain the water first before the plumber could determine the cause of the leak.

The ''dryer'' began work but found mold so he can't continue work until it is tested (for safety reasons). Now the owners of the unit below us will not let our plumber or other professionals in their unit until they receive a written document from us stating what the cost of repair is, what the time frame will be, what materials would be used. They are also claiming that we are responsible for hotel stay for the tenant and payment for the rent for the days she will be out.

We just want to resolve the situation by making the necessary repairs but they are insisting on written documents and are threatening legal action.

My husband and are young and new homeowners so we really would appreciate any guidance.


Asked on 7/04/03, 3:59 am

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Condo Liability

Yes refer it to your insurance company, if they deny it which they might because you only own the space between the walls of your condo, you should notice the HOA of impending action. Call me directly at (619) 222-3504.

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Answered on 7/05/03, 3:43 pm

Re: Condo Liability

Contact your homeowner's insurer and ask them to take care of the other owner and tenant. They might even pay for some of your damage, but not to fix the leak itself.

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Answered on 7/04/03, 12:32 pm


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