by Guest » Tue Mar 08, 2011 12:05 am
Hi there. I have a situation that is really stressing me out.
About a week ago the Strata for our apartment called me and advised me not to turn on my shower. They said that there were signs of leaking in the unit below me. Apparently the drain pipe gasket underneath my stand up shower tub had deteriorated and everytime I took a shower, water leaked into the below unit's ceiling and closet.
I have read a lot of similar posts by people who have been in the same boat...but my situation is a little different. The tenant below had moved out and returned back to her home country and was getting things in order to sell the aparment....therefore the unit below was vacant for nearly 4 months.
The damage below had spread from her ceiling and closet walls down to her hardwood floors. There were signs of mold that had spread to the closet accross the hall.
Our Strata insurance will likely cover the costs to bring the suite back to the original state... however they advised that because the hardwood floors were not original, we would probably be responsible for the cost to replace the floors.
My questions is this: Am I still responsible for all of the costs assocaited to the floors? The suite was Vacant ...and the extensive damage could have been avoided had someone been there.
Also, the other kicker is that the suite below did not have insurance. If they did , they could have just claimed it against thier insurance and we could have paid the deductable and penalties.
What should I do? Do I have any right to complain that the suite was vacant? or the fact that the suite below has no insurance?
Please help. I'm getting so stressed out thinking about this.
thanks in advance.
About a week ago the Strata for our apartment called me and advised me not to turn on my shower. They said that there were signs of leaking in the unit below me. Apparently the drain pipe gasket underneath my stand up shower tub had deteriorated and everytime I took a shower, water leaked into the below unit's ceiling and closet.
I have read a lot of similar posts by people who have been in the same boat...but my situation is a little different. The tenant below had moved out and returned back to her home country and was getting things in order to sell the aparment....therefore the unit below was vacant for nearly 4 months.
The damage below had spread from her ceiling and closet walls down to her hardwood floors. There were signs of mold that had spread to the closet accross the hall.
Our Strata insurance will likely cover the costs to bring the suite back to the original state... however they advised that because the hardwood floors were not original, we would probably be responsible for the cost to replace the floors.
My questions is this: Am I still responsible for all of the costs assocaited to the floors? The suite was Vacant ...and the extensive damage could have been avoided had someone been there.
Also, the other kicker is that the suite below did not have insurance. If they did , they could have just claimed it against thier insurance and we could have paid the deductable and penalties.
What should I do? Do I have any right to complain that the suite was vacant? or the fact that the suite below has no insurance?
Please help. I'm getting so stressed out thinking about this.
thanks in advance.
Posted: Tue Mar 08, 2011 12:20 am Post Subject:
Am I still responsible for all of the costs assocaited to the floors?
You are in an apartment... your lease may state how liability is handled. If this apartment is owed by someone else and everyone simply rents, then the owner of the building is the one who needs to be paid. If everyone owns their own apartment then the lease needs to be reviewed as they usually state who is responsible for what. In that you mention damage to the apartment _building_ and they this person does not have insurance leads me to think that everyone owns their own apartment. If so, there should be some type of home owners contract for ownership. This needs to be reviewed. Nothing should be done without doing so.What you are responsible for is not changed by the fact that the person was not home. They have a duty to mitigate their loss. They did everything that they could (which is nothing as they did not know about it).
I'm not sure what a "Strata" is. You need to report the damage to your insurance company and they will handle this for you.
Posted: Tue Mar 08, 2011 12:33 am Post Subject:
hi Tcope. Thanks for the reply. Sorry.. I should have stated that I'm in Canada. I know things may work a little different up here..but I couldn't find a forum for Canadians that have people like yourself replying so quickly.
A Strata is a group that deals with property bylaws and maintenance issues. Each owner of an Apartment complex pays monthly maintenance dues to the Strata and the Strata oversee all of the building issues. The Strata board usually consists of about 5 members that are all owners that live in the complex.
I am an owner and the unit below is an owner as well.
Posted: Fri Jul 15, 2011 05:12 am Post Subject: RhIArPRGTWpys
Got it! Thanks a lot again for hleipng me out!
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