Neighbor damaged my condo, can I sue?

[jmcaok]

I have condo that I rented out for a few years. I inspected it recently and there was water damage from the unit above me visible on the ceiling (significant visible paint damage). If the owner upstairs won't pay, can I sue him in small claims court? What "law" do I cite?

 

[cindy20]

Neighbor damaged my condo

State of Florida:
Upstairs neighbor had flood from toilet tank, and came down to my apartment. I was not home and had extensive damage. Most of damage was paid for except $500 deductible. Can I sue for that amount plus court costs?
What "law" do I cite?