Introduction to Neighborly Disputes

The age-old adage "good fences make good neighbors" doesn’t always hold true, especially when it comes to issues like property damage caused by negligence. A recent query from a reader, Jack, highlights the complexities of such situations. Jack’s neighbor, residing two floors above him, had a nearly 40-year-old washing machine that leaked, causing approximately $10,000 in damage to Jack’s first-floor unit. The neighbor’s insurance refused to cover the damage, and Jack’s insurance only covered $4,000, leaving a significant shortfall.

Understanding Liability

Everyone is responsible for maintaining their property to a standard that does not harm a neighbor’s property and can be held responsible for the damage they cause. In Jack’s case, his neighbor is liable for the damage caused by the leaking washing machine. The first step Jack took, reaching out to his neighbor to resolve the issue, was prudent. However, the neighbor’s refusal to cover the difference has necessitated further action.

Documenting the Issue

Since the initial attempt at resolution was unsuccessful, the next step involves documenting the attempt to resolve the problem with a certified letter. This letter should be firm yet polite, explaining the issue and requesting the neighbor to take responsibility and repair the damage. Often, the written word can resolve an issue where the spoken word fails. Additionally, sending a letter helps maintain records of the damage and the attempt to resolve the dispute.

Involving the Community Association

If the letter does not resolve the problem, the next course of action is to speak with the community association’s property manager. Following up with an email to keep a written record of every action taken is advisable. The condominium’s rules likely require each unit owner to maintain their property and hold residents accountable for their negligence. Therefore, the community association should be able to assist in resolving the issue.

Legal Recourse

If involving the association does not work, the next step is to involve the court. This can be done by speaking with an experienced local attorney. Alternatively, if the matter is small enough and one feels comfortable doing so, one can sue in small claims court. Small claims court is designed to help people resolve minor disputes and features a simplified process that many individuals can navigate even without an attorney. The court’s website should have simplified forms and instructions to file the claim.

Preparation is Key

When taking the step of going to court, detailed notes, photos, and records kept will be invaluable towards achieving a favorable outcome in front of the judge. It is essential to be thorough in documenting all interactions and evidence related to the damage and attempts to resolve the issue.

Q: My neighbor, two floors above me, had an original washing machine from almost 40 years ago that leaked into my first-floor unit while they were away. It caused roughly $10,000 in damage, but their insurance won’t cover it, and mine would only cover $4,000. Now the neighbors are refusing to cover the difference. What is my recourse? — Jack

A: Everyone is responsible for maintaining their property to a standard that does not harm a neighbor’s property, and can be held responsible for the damage they cause.

Your neighbor is liable for the damage caused by his leaking washing machine.

Reaching out to him to resolve the issue was a prudent first step.

Since that didn’t yield results, your next step should be to document your attempt to resolve the problem with a certified letter. Be firm yet polite, explaining the issue and requesting your neighbor to take responsibility and repair the damage he has caused.

Often, the written word can resolve an issue where the spoken word fails. Additionally, sending a letter helps maintain records of the damage and your attempt to resolve the dispute.

If the letter still does not resolve the problem, speak with your community association’s property manager. Again, send an email to follow up in writing, as you should be keeping a record of every action you take.

Your condominium’s rules likely require each unit owner to maintain their property and hold residents accountable for their negligence. Therefore, your community association should be able to assist in resolving the issue.

If involving your association does not work, your next step is to involve the court. You can do this by speaking with an experienced local attorney.

Alternatively, if the matter is small enough and you feel comfortable doing so, you can sue them in small claims court. As the name suggests, small claims court is designed to help people resolve minor disputes and features a simplified process that many individuals can navigate even without an attorney.

Check the court’s website, where you should be able to find simplified forms and instructions to file your claim.

When you have to take this step, you, or your lawyer, will find that the detailed notes, photos, and records you kept will go a long way towards a victory in front of the judge.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

Conclusion

In conclusion, when dealing with property damage caused by a neighbor’s negligence, it is essential to approach the situation methodically. From initial attempts at resolution to potential legal action, keeping detailed records and seeking professional advice can make a significant difference in achieving a fair outcome.

FAQs

• Q: Who is liable for damage caused by a leaking washing machine in a condominium setting?
  • A: The neighbor who owns the washing machine is liable for the damage caused.
• Q: What steps should be taken to resolve the issue before involving the court?
  • A: Initial attempts should include direct communication with the neighbor, followed by a certified letter, and then involvement of the community association if necessary.
• Q: Can one sue in small claims court for damages?
  • A: Yes, if the matter is small enough and one feels comfortable, they can sue in small claims court without an attorney.
• Q: Why is documentation important in such disputes?
  • A: Documentation is crucial as it provides evidence of the damage and all attempts made to resolve the issue, which can be vital in legal proceedings.