Legal Question in Landlord & Tenant Law in Illinois

HI

This is my orignal question,

https://www.lawguru.com/answers/question/show/D9g1E7crkM

Thank you Stephen Messutta

for replying to my question. This is the answer I got but I have followup question.

"Any seasoned contractor can tell, and usually an insurance adjuster. So an estimate for repair can state where the leak is from ("through ceiling" etc.) and if the applicable owners don't believe it, they can get their own opinions. In the end it could be opinion v. opinion because that's the way things are, but the real question is what are you waiting for. You need a third party who might eventually become your star witness in a liability case. Get the insurance company (yours, your landlord's...), the association if this is a condo....and a few contractors involved. These are not do-it-yourself situations!!!!"

I got two estimates from licensed contractors, one even checked the plumbing in the unit above but found no leaks. I told the association but they offered no help, I dont have homeowners insurance. What would the association be able to do in this case? can they help? Im still not sure what kind of proof contractors can find. They can only say if there is a leak in their plumbing, they cant say where the water that leaked came from because it was a one time leak. I dont know if I should pay a lawer. can i sue for att. fees in this case? Im young and dont know what to do. should i send the owner a copy of the estimates and tell him to send me the money first before i take him to court? what are the steps i shouldve taken when i noticed the leak? how should i get contractors involved? the only reason why upstairs unit would not be liable is if the roof was bad but its couple years only and it has rain alot since but no leak. If the water came from the ceiling, it had to come from their unit. it shouldnt matter if its a plumbing leak or an accident, they are laible . the heating for all building is central, no water.

Thanks in advance!


Asked on 9/10/10, 10:28 am

1 Answer from Attorneys
Stephen Messutta

Well, if the plumbers can't find the source, that's one thing. But if the leak is coming from outside your unit, and it was a one time thing...then it's possible someone let something overflow upstairs and it's over with. Or if there's a skylight, or there was an open window and driving rain of any duration..... If you have no HO insurance, your only other options are the condo insurance (you have to check the condo declaration....because it will identify what the condo insurance must cover) and the upstairs owner's insurance. The condo association should have a record of the upstairs owner's insurance, but many small associations forget this. Since you have no insurance of your own (and therefore nobody to go to bat for you) you'll most likely have to talk to an attorney because someone will have to (unless you want to risk it) file a claim with the condo and the upstairs owner and if there's no response file a lawsuit. It seems that the contractors' view of the situation ruled out a common elements leak, however, although getting a look see in the upstairs unit could still be important. Good luck!

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Answered on 9/16/10, 5:39 am


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