Legal Question in Real Estate Law in Pennsylvania

Re: Damage from other tenants toilet

Read your lease to see who has responsibility for such damages. Generally, you should have insurance on your personal property in the apartment. You may try to make a claim against the upstairs neighbor, but this is a difficult issue, not only because of the legal questions, but also because you are neighbors in a small community and will have to continue to live together. There is also the question of whether the overflow was "caused" --- toilets do occasionally overflow.

You should immediately report the problem to your landlord and request that it be fixed, both the upstairs plumbing and damages to your apartment (e.g., walls, ceilings, flooring).