If you live in an apartment, condo, or duplex, there may come a time when you experience flooding from an upstairs neighbor. The water damage can occur at any time and without warning, resulting in significant damage to your apartment and your personal property. Just as troubling, it can be the beginning of a heated debate between you and your upstairs neighbor.
Water damage restoration services can be costly, and it’s understandable that you will want your neighbor to cover these expenses if they’re in fact liable for the damage to your apartment. But determining liability for water damage that originates in the apartment of an upstairs neighbor can be complex. The following discussion will help you understand how to approach this difficult situation.
Several Different Parties May Potentially Be Liable for the Water Damage
The good news is that in most cases, you won’t be responsible for the costs of water damage restoration services when the damage originated in your upstairs neighbor’s apartment. Instead, liability for water damage in these situations will generally fall on one of the following parties depending on the cause of the damage and the terms of your HOA agreement:
- Your upstairs neighbor
- Your landlord or HOA
When Is Your Upstairs Neighbor Liable for Water Damage to Your Apartment?
In most instances, your upstairs neighbor will be liable for the damage to your apartment if the water incident originated in their apartment. Common situations where your neighbor may be held liable include:
- An appliance malfunctions and causes a flood
- A plumbing issue such as a burst pipe causes a flood
- A bathtub is left unattended and overflows
- A clogged toilet overflows
When Is Your Landlord or HOA Liable for Water Damage to Your Apartment?
If the water damage originates from shared building systems, such as defective plumbing or pipes serving multiple units, your landlord or HOA will typically be liable since they are generally responsible for maintaining these common systems. In addition, if you rent your apartment, repairs to ceilings, floors, walls and other structural elements of the apartment will generally be your landlord’s responsibility unless your lease agreement specifically states they aren’t liable for these issues.
Contact Your HOA or Landlord Immediately After Discovering Water Damage
You should always contact your HOA or landlord immediately after discovering water damage in your condo or apartment, even if this water damage originated from an upstairs neighbor. Reporting the damage to your landlord or HOA right away allows for quick action to mitigate the damage. This is critical since water damage can escalate rapidly, resulting in more extensive issues and costly repairs.
Notifying your HOA or landlord right away will also allow them to call a professional who can identify the source of the leak and prevent additional damage. Identifying the source of the leak is also a critical step for determining liability and ensuring the proper party covers all water damage restoration work. In addition, many HOAs and property management companies have specific protocols for handling water damage. Contacting them promptly ensures these procedures are initiated and followed correctly.
Most importantly, timely reporting may be required by your HOA’s governing documents or your lease agreement. Failing to adhere to these requirements may potentially impact your ability to recover compensation from the liable party.
Common Signs that Water Damage May Have Originated in Your Neighbor’s Apartment
While you should always have the water damage evaluated by a professional to confirm the source, there are several common signs that typically indicate it may have originated in your upstairs neighbor’s apartment. These include:
- Water spots or stains on the ceiling
- Visible leaks or water dripping from the ceiling, particularly in the area where the ceiling meets the walls
- Water running behind walls (look for bulging or bubbling paint to identify this issue)
- Dark spots on walls and ceilings
- Signs of mold growth on the ceiling or upper parts of walls
- Peeling or bubbling wallpaper or paint on the ceiling or upper walls
- Warped or buckling ceiling materials
- Increased humidity levels in your apartment, particularly in areas directly below your neighbor’s unit
- Water seeping through light fixtures or around ceiling-mounted vents
Steps to Take if You Discover Water Damage in Your Apartment
While contacting your landlord or HOA should be your first call after discovering the water damage, there are several other important steps to take to ensure the issue is handled properly.
Contact Your Upstairs Neighbor
If you believe the water damage is coming from your upstairs neighbor’s apartment, you should talk to your neighbor at once. It’s possible they’re not aware that they have a water issue since the source of water damage isn’t always visible and your apartment may be experiencing the brunt of the damage. It’s important that your neighbor is made aware of the problem so that they can work with you to take the steps necessary to identify and stop the source of the water.
Call a Water Damage Restoration Company
Your next call should be to a professional water damage restoration company. Time is of the essence when you experience water damage. It’s critical to have a professional arrive at the scene to address the issue as soon as possible to mitigate the damage and prevent more extensive issues from developing. At Just Right Cleaning & Construction, we offer 24/7 emergency response water damage restoration services throughout the greater Seattle & Spokane Metro Area, and our team will arrive at your apartment or condo shortly after receiving your call to begin work.
Protect Your Valuables
Move your personal possessions out of the flooded areas as quickly as possible to minimize damage to these items. Place electronics, artwork, clothing and other items in a dry area. If you have furniture that is in the flooded area, try to move it to a location where it won’t accumulate additional moisture.
Begin Cleaning Up the Water
While the majority of the cleanup process should be handled by a water damage restoration company, there are steps you can take to mitigate the damage while you wait for the professionals to arrive. Use buckets, towels and mops to remove as much standing water as possible. Open windows, if possible, to improve ventilation in your apartment or condo.
Aways prioritize safety when trying to clean up standing water. Avoid areas where electronics may have come into contact with water to prevent the risk of electric shock. In addition, if you believe that there may be gray or black water, don’t try to begin the cleanup process since this water contains contaminants that may be harmful to your health.
Document the Damage
Take photos and videos of the damage to your apartment and of any personal items that have been damaged by the water incident. This documentation will be critical for a future insurance claim that is filed.
Contact Your Insurance Company
Call your insurance company to file a claim. You should do this even if you believe your neighbor, landlord or HOA is liable for the water damage. Your insurance company can help assist you with the restoration process and can get reimbursed by the liable parties later.
Review Your Lease or HOA Policy
Review your HOA policy or lease (if you rent your apartment) to figure out exactly what you are responsible for and what they are responsible for. This will help you get a better sense of what, if anything, you may be responsible for out of pocket.
JRCC Damage Restoration Experts Can Help After Water Damage in the greater Seattle & Spokane Metro Area
When you experience water damage in your apartment or condo, it’s critical to work with an experienced water damage restoration company who can ensure the entire process is addressed properly. JRCC Damage Restoration Experts has been the leading restoration company in the greater Seattle & Spokane Metro Area since 1954. We offer 24/7 emergency response water damage restoration services and will arrive at your apartment, day or night, shortly after receiving your call. This prompt response time is critical to minimizing the damage to your apartment.
Our technicians are fully licensed and certified in the greater Seattle & Spokane Metro Area, and they have the experience necessary to handle every phase of the water damage restoration process, from initial assessment through all final repairs. In addition, we regularly work with insurance companies and will coordinate with your insurance provider on your behalf to facilitate a smoother claims process. If your upstairs neighbor or HOA is liable for the damage, we will work with their insurance to ensure you receive the proper compensation to which you’re entitled. When you work with JRCC Damage Restoration Experts, you’ll have peace of mind that your apartment or condo will be restored to its original condition as quickly and efficiently as possible.
Contact us today at 509-765-4138 to schedule an appointment. We serve customers throughout the greater Seattle & Spokane Metro Area.