Legal Question in Landlord & Tenant Law in Minnesota

Hello,

I own a condo in St. Paul, MN. Several weeks ago, water leaked through my bathroom ceiling from the unit above causing water damage to my ceiling and walls. I spoke with the resident of the unit above my condo. Apparently the toilet malfunctioned and a substantial amount of water leaked onto the floor. The person occupying the unit above my condo is a renter and not the owner of the condo. I have contacted the owner of the unit above my condo on several occasions, furnishing photos of the damage and allowing time for their analysis of the master policy and discussion with their tenant. It does not appear that the owner will amicably agree to pay for the repairs to my condo.

I have contacted the insurance agency that wrote the condo association's master policy. According to their analysis, damage to walls and ceilings (there is no personal property damage) is not covered by the master policy.

Questions: Who is responsible for the cost of repairs, the tenant or the owner of the condo? What is the recommended path for resolution of this issue, a certified letter and small claims court?

Thank you,

Adam

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