Neighbor flooded my condo --- Help!

[irishgem2010]

What is the name of your state (only U.S. law)? (AZ where the problem is)


I live in California, but own one condo in Phoenix, AZ that I have rented out to a wonderful tenant. She has been there almost a year and JUST signed a new lease for another six months. I was thrilled. My tenant is in her mid 70s and her daughter lives in the same complex.

Last friday I got a call from my property manager. The tenant in the unit above my condo turned on her washing machine and flooded my condo and four others!!! It was bad, I saw pictures and the roof is coming through the top. It needs several thousand dollars worth of work.

I have good insurance I am not worried about that. What I am mad about is that my tenant will be out probably at least a month and because she just signed a new lease (that doesn't go into effect until June 1st), she may be able to walk.


Haven't heard from the owner above (nice, huh?). Here is what I am most worried about...

My tenant leaving... Can I go after the owners above for the money I will lose until I get a new tenant? (Hopefully that would take less than six months).

My property manager said because there was SO much damage, my condo will be 'blacklisted' once I decide to sell it. This is probably true since I must tell the next owner about the damage.

Can I do anything about that with the owner above? I will probably lose A LOT of money when I sell it because of this damage.

Any advice would be appreciated. I am so mad...

The tenant upstairs turned her washing machine on (but denied doing it) and my agent doesn't THINK it was her fault. She is an elderly lady.

But, legally if this goes to court and we sue (I am sure with five condos ruined, someone is going to sue) -- we would have to prove negligence, right?

Help!

Thanks

[irishgem2010]

Also, I just want to add... I am not the type that will sue. If the only thing I am out is a couple months rent, it's not worth flying all the way over there and getting a lawyer to sue.

I am more worried about losing a tenant and the value of my condo going down.

I am sure there might be some kind of lawsuit with 5 condos hit, but I think mine has the most damage.

[irishgem2010]

I called my insurance office and was told that the sensor in the washing machine in the condo above mine probably went out allowing the water to overflow. Does this make sense? Every room in my condo was hit.. just flooded (at least 80%).

If it is truely something wrong with the machine, does that mean the owner above is not responsible?

What do I need to prove there was negligence? They can easily tell the insurance agent or a judge that they had no idea the washing machine was bad.

I don't know.. Kinda worried.

[Stevef]

Originally Posted by irishgem2010

I called my insurance office and was told that the sensor in the washing machine in the condo above mine probably went out allowing the water to overflow. Does this make sense? Every room in my condo was hit.. just flooded (at least 80%).

If it is truely something wrong with the machine, does that mean the owner above is not responsible?

What do I need to prove there was negligence? They can easily tell the insurance agent or a judge that they had no idea the washing machine was bad.

I don't know.. Kinda worried.

If you were to sue upstairs neighbor, and upstairs neighbor claims it was a defective product, neighbor should implead the manufacturer of the defective product as a third party defendant, along with the store where it was purchased.

Manufacturer will claim product was not defective when shipped, and that it was improperly maintained by neighbor.

You definitely want your insurance company to handle this for you. You should also ask your insurance company about the decrease in value due to the blacklisting.

[irishgem2010]

I don't want to sue the owner upstairs, but I also don't want to be spending a lot out of pocket for this.

I spoke with my insurance agent today, he told me he talked to the property manager of the unit above, but they would not give the agent the owners name. The property manager said my agent would have to write a letter requesting the name of the owner.

I was also told the owner above doesn't have personal insurance, but their property manager is meeting with the HOA insurance today and try and get them to cover it.

There's around $100k worth of damage for all the condos hit. I really doubt the HOA is going to cover this.

[JustAPal00]

Call your insurance company and let them handle it! That's why you pay them!