Legal Question in Real Estate Law in Virginia

Our 1-bedroom condo rental property in Arlington, VA is damaged by the AC condensation water from the unit above. We lost a small amount claim case on the lost rent on Feb 19 while still waiting for the damaged to be repaired by the owner of unit above, on the base that we didn't try to repair the damage by ourselves to void the rent loss.
After the trial we realized that the upstairs owner still haven't fixed the water leak in her unit which is the root cause of the damage in our unit, as admitted in her email. We should have presented this fact to the judge but we didn't. So should we appear the case?

Asked on 2/21/16, 1:32 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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No, I don't thinks so (assuming you mean appeal) since you would in effect be admitting that you had sued

the wrong person, i.e., the landlord for a rent abatement rather than the "owner of the

unit above" who in fact apparently was/is responsible for the damage to your property and your appeal would likely go nowhere (in my opinion).

Answered on 2/22/16, 8:03 am

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