Water damage to downstairs unit… insurance denies liability, what should I do?

I live in a two-floor condo and I’m on the second floor. My downstairs neighbor came back from vacation in August and found water damage on their bathroom ceiling.

My insurance sent a leak detection company to check things out. They used a snake camera, thermal imaging, and moisture meters, but found no plumbing or pipe issues in my unit. The adjuster spoke with the downstairs neighbor and the building management. While they provided pictures of the damage, there’s no proof the water came from my unit, so my insurance won’t pay for the repairs.

The HOA and my neighbor insist the water came from my unit because I live above them. The cost to repair the ceiling is around $3,000, and I’m worried they might sue me for it. What should I do?

Even if the water did come from your unit, you’re probably not responsible unless you did something negligent, like leaving water running.

prince said:
Even if the water did come from your unit, you’re probably not responsible unless you did something negligent, like leaving water running.

When they contacted me, I had no idea there was an issue. They just said they found the damage when they returned from vacation.

Florian said:

prince said:
Even if the water did come from your unit, you’re probably not responsible unless you did something negligent, like leaving water running.

When they contacted me, I had no idea there was an issue. They just said they found the damage when they returned from vacation.

Is the ceiling still wet or is it just stained? Sometimes bathroom vents can have small cracks that cause condensation to drip, especially if they go to the roof or side of the building. The only way to know for sure is to open up the ceiling and check.

Fallon said:

Florian said:
prince said:
Even if the water did come from your unit, you’re probably not responsible unless you did something negligent, like leaving water running.

When they contacted me, I had no idea there was an issue. They just said they found the damage when they returned from vacation.

Is the ceiling still wet or is it just stained? Sometimes bathroom vents can have small cracks that cause condensation to drip, especially if they go to the roof or side of the building. The only way to know for sure is to open up the ceiling and check.

The photo they sent shows stains and some bubbling, but the ceiling is dry now. The leak detection company said their ceiling was dry too and called it a ‘conditional leak.’

Florian said:

Fallon said:
Florian said:
prince said:
Even if the water did come from your unit, you’re probably not responsible unless you did something negligent, like leaving water running.

When they contacted me, I had no idea there was an issue. They just said they found the damage when they returned from vacation.

Is the ceiling still wet or is it just stained? Sometimes bathroom vents can have small cracks that cause condensation to drip, especially if they go to the roof or side of the building. The only way to know for sure is to open up the ceiling and check.

The photo they sent shows stains and some bubbling, but the ceiling is dry now. The leak detection company said their ceiling was dry too and called it a ‘conditional leak.’

They’ll have to open the ceiling to fix it anyway, and that’s when they’ll figure out where the leak is coming from.

Even if it turns out to be from your unit, you’re not liable unless it was due to your negligence. If they sue, your insurance company would handle your defense.