QUESTION
Can I sue my neighbor upstairs for water damage in my property I live below her for the second time. I live in Vallejo, CA
Asked on Sep 01st, 2017 on Real Estate - California
More details to this question:
The water damage our ceiling and wall from the condo owner above us. She claim she doesn't know what happen. I told her to call our HOA maintenance worker to shut down the main water line and also to call her insurance. The maintenance worker went there and told me there is no pipe leaks so I assume she left her water on all night. This is a second time this happen , the first one is June 2016 and she blame the cat for accidentally turning on the faucet. Do I have a case I do not want this to happen a third time. I am already emotionally upset.
1 ANSWER
Yes, you can sue her in small claims court for up to $10,000.00, with no attorneys. First, you must send her a demand letter. The court will ask about this and might not hear your case if you did not send one.
That means a letter on paper, with your signature sent in an envelope with a stamp. You can also email it to her, but then also send it by mail. State what you know happened. Water came through the ceiling from her unit into yours. HOA management inspected for broken or leaking pipes and fournd that there aren't any. Don't say anything about her cat. Then describe the damage and what it cost to repair the damage and replace any destroyed items. Include copies (not originals) of any available receipts.
Nolo Press has a good how-to book on winning in small claims court.
Good luck.
Dana
Answered on Sep 03rd, 2017 at 3:55 PM