Legal Question in Real Estate Law in Virginia
leak is fixed, tenant below unit demands another plumber
Back to the question'' does tenant live unit below have right to sue''
The condo is located in VA. There was leak from our bathroom down to unit below. We had hired building maintenace engineer to fix the leak. Leak stopped. Need to do repair work in unit below(ceiling is flaking). Tenant lives in unit below refuses to let anyone that we hire to come in do repair work until we hire another plumber to come in do investigation. Talk to plumbers, they think it unreasonable as the problem is fixed, they can't tell anything as the leak stops now. Do we have obligation to hire another plumber to come in do investigation just because she doens't like the builing engineer we hired? Does she have right to sue(she doen't have landlord's authorization or power of attorney). We want to contact the owner, but she refused to give out. Do we need to obtain permission from the owner for ceiing repare work,legally? Thank you for your help in advance!
1 Answer from Attorneys
Re: leak is fixed, tenant below unit demands another plumber
You've been dealing with the wrong person, i.e, the tenant below you has no cause of action against you for damage to the ceiling of her unit
allegedly caused by a leak from your bathroom. Your legal responsibility for any damage caused to the ceiling of the lower unit would be to the owner of this unit or his agent(landlord) and not to the tenant currently occupying it. (The tenant's recourse for the ceiling repair would lie with this owner or his agent/landlord.)
However, if in fact the tenant's personal property in the unit was in fact damaged by the leak from your bathroom, she could hold you responsible for these damages upon a proper showing of proof by a preponderance of the evidence.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
