Posted by brenda on July 26, 2000 at 11:22:31:
In Reply to: Re: Water damage (my property) caused by another tenant posted by Amanda Plyley on July 25, 2000 at 15:28:10:
: We have photo documentation of the damage and also brought in the super to witness the damage. Of course, he may not be the most reliable of witnesses . . .
: We have been waiting for the last month to clean our comforters and replace our matress so that we could show the owner the damage. So far we haven't replaced anything but we have put a deposit down on a new mattress. The landlord claims that he consulted a lawyer and that we would have a hard time proving his negligence. He seems ready to get embroiled in the whole battle and claim that he did all the necessary work, etc. He wasn't proactive and he waited until the situation upstairs caused real damage. I think that's negligence.
So you have documentation after all! Terrific. The photos, and your testimony, will prove your damages. (Bringing a witness will help too, if necessary.)
Don't have to worry about legalisms, negligence or whatever. Just sue and see what the court (or arbitrator) decides. Sue the landlord and the upstairs tenant. At the very least you'll get a judgment against the upstairs tenant. Is it collectable? That is another matter.
For damages, you need paid bills. That is where you may have a problem. If you don't have any out-of-pocket expenses--paid bills--you probably shouldnt bother.
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