What is the name of your state?What is the name of your state? South Carolina
I own a condo in an upscale Myrtle Beach community and rent it weekly as do most other owners in my community. I live in New York and the owner upstairs lives in Indiana. A pipe on the upstairs water heater burst and caused over $4,000 damage to my ceilings and carpeting. I have no additional insurance other than the insurance through the condo association and there is a $5,000 deductible on that policy. The insurance company for the people upstairs says there was no neglect, therefore no liability and will not pay for my damage. Do I just throw in the towel and write off the $4,000 I had to pay out of my own pocket on my income taxes or can I sue the owner upstairs? If I sue, I am assuming it would be in small claims court. Do I file the suit in South Carolina?
As a follow up question: What happens if mold starts to bleed through the sheet rock a year from now? Three years from now? What if all the sheetrock in the entire unit has to be replaced? The resulting repairs would definately exceed $5000 but would the first $5000 by my responsibility? Whom do I sue then if the owner upstairs has already sold their unit?
I own a condo in an upscale Myrtle Beach community and rent it weekly as do most other owners in my community. I live in New York and the owner upstairs lives in Indiana. A pipe on the upstairs water heater burst and caused over $4,000 damage to my ceilings and carpeting. I have no additional insurance other than the insurance through the condo association and there is a $5,000 deductible on that policy. The insurance company for the people upstairs says there was no neglect, therefore no liability and will not pay for my damage. Do I just throw in the towel and write off the $4,000 I had to pay out of my own pocket on my income taxes or can I sue the owner upstairs? If I sue, I am assuming it would be in small claims court. Do I file the suit in South Carolina?
As a follow up question: What happens if mold starts to bleed through the sheet rock a year from now? Three years from now? What if all the sheetrock in the entire unit has to be replaced? The resulting repairs would definately exceed $5000 but would the first $5000 by my responsibility? Whom do I sue then if the owner upstairs has already sold their unit?