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water damage to neighboring apartment

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glass_half_full

Junior Member
What is the name of your state (only U.S. law)? Texas

My mother owns a 2nd floor condo, she is retired and out of the country right now. When she bought the place, she was under the impression that the HOA insurance was all she needed. Clearly this is false, but live and learn, and we're fixing that as soon as possible.

Our tenant was away, and the housesitter used the washer. Apparently he started it up, and left. Seems the washer was faulty, but really there's no way to know, if he did it wrong or whatever. It doesn't matter, there was a flood. It flooded our apartment, and two below. I have stepped in for my mother to try to make things right. As she has no insurance, we're just paying it. We're not rich, it's just the right thing to do.

One owner is fully cooperating and we're taking care of it. One won't allow me to see the damage, won't tell me how much the water damage company cost her, won't tell me how much it cost her to install this (supposedly new) floor, and basically won't talk to me. On a crazy coincidence talking to a friend, we realized that my friend knows this girl's parents. She has told them that I'm not cooperating with her, and that she wanted a new floor anyways, and she's going to sue me.

My friends that have properties, have told me that if I'm agreeing to pay, I should be able to see the damage, and she should get 3 estimates for the work, and I should be able to have my contractor assess the damage even if he's not going to do the work. None of this has happened. And she has stopped responding to my requests for information or access.

My question is just this, can she do this? Can she just go shopping and remodel her place on my dime? I thought she would just have to replace what was there.

Thanks for any help or advice you might have.
 


justalayman

Senior Member
tell the neighbor to make a claim with her own insurance.


as it stands, it's not clear your mother is even liable. Depending on what actually happened, she may not be. Depending in the facts, the house setter might be liable.
 

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