Legal Question in Civil Litigation in Florida

Can we collect repair costs for water damage from apartment owner above ours
Water damage from apartment directly above. Owner (an attorney) said he MAY help with cost of repair (estimated at $650), which is less than our deductible. Do we have any chance of collecting all of the repair costs if we go to Small Claims Court? Currently we live on Social Security payments.

Asked on 3/10/09, 4:17 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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Re: Can we collect repair costs for water damage from apartment owner above ours

It depends on how the water damage was caused and whether he was negligent. Usually, he would be responsible.

Answered on 3/10/09, 4:25 pm

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Bradford Patrick Chamberlin Patrick PA

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Re: Can we collect repair costs for water damage from apartment owner above ours

You should go ahead with small claims, if only to cause the Owner (lawyer or not) to pay you in full for the amount of damages you suffered through no fault of your own. If you are out of pocket, you should ask for the money (a demand letter), and if you don't get it, file in small claims. If the water damage is the result of some cause or another, that is not your problem; it is for the unit owner or the landlord to make you whole.

Good luck.

Answered on 3/10/09, 4:40 pm

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