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When there's Water Leaking Through the Ceiling...

By Peter Olson, Esq.

grab an umbrella. But what next? I'm talking about condos here. We get consistent calls regarding this sort of scenario: Condo unit gets damaged due to water leaking through the ceiling from the unit above it. Of course first you call your neighborhood real estate lawyer.

But then...

Under Section 9.1 of the IL Condo Property Act, owners are responsible for any damage that arises from the use or operation of their unit. If damage arises from the operation of the upstairs unit, that owner should be liable for costs to the lower unit owner.

So the first step is to contact the unit owner above you. It's her responsibility. Hopefully she has an insurance policy on her unit and they take care of it. If the person above you is a deadbeat, it is appropriate to contact your insurer for a payout. The difficulty here being you might face a rate increase and there's likely some amount of deductible you need to cover out-of-pocket. I've known people who have their insurer cover the damage but then sue the unit owner above in small claims for the $1,000 deductible.

Full post as published by Closing Real Estate in Chicago on January 23, 2008 (boomark / email).