Legal Question in Landlord & Tenant Law in New York
Coop apartment flood damages apt below
One evening my husband came home to find the apt broken in to by the building management because the toilet had flooded over and had been running all day. It flooded almost evey room in the apt but had also caused damage to the apt below.
The lady below had insurance, filed a claim for $4800 and now the insurance company is asking us for the money. We do not have apt. insurance. The apt complex said the problem was a faulty valve. Who knows! The apt has two toilets so the faulty one is never used now due to paranoia.
Also, about 5 or 6 years ago the building came in and changed the pipes by the faulty toilet and the tub and ever since we have had slow running drains and clogs.
1) Are we responsible?
2) Should we have an independent plumber come in to evaluate the problem and fix the toilet?
1 Answer from Attorneys
Re: Coop apartment flood damages apt below
I had the same problem, although it was 8 floors. I had insurance.
1. Are you responsible? Maybe. If you were negligent in your maintenance of the toilet valve you would be responsible. If the valve had a defect you would not be responsible.
2. Should you have an independent plumber come in to fix the toilet? Yes, absolutely. You do not want more damage, especially now that you know there is problem. Make sure the plumber is licensed.
Mike.
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