Legal Question in Civil Litigation in Florida
Can we collect repair costs for water damage from apartment owner above ours
Water damage from apartment directly above. Owner (an attorney) said he MAY help with cost of repair (estimated at $650), which is less than our deductible. Do we have any chance of collecting all of the repair costs if we go to Small Claims Court? Currently we live on Social Security payments.
3 Answers from Attorneys
Re: Can we collect repair costs for water damage from apartment owner above ours
It depends on how the water damage was caused and whether he was negligent. Usually, he would be responsible.
Re: Can we collect repair costs for water damage from apartment owner above ours
You should go ahead with small claims, if only to cause the Owner (lawyer or not) to pay you in full for the amount of damages you suffered through no fault of your own. If you are out of pocket, you should ask for the money (a demand letter), and if you don't get it, file in small claims. If the water damage is the result of some cause or another, that is not your problem; it is for the unit owner or the landlord to make you whole.
Good luck.
Re: Can we collect repair costs for water damage from apartment owner above ours
Mr. Wagner is correct. Unless you can prove careless fault, forget it.
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