Do we have legal recourse for leaks in our condo? Posted on May 31, 2011

Back in the fall I came home and found wet spots on the ceiling. Called the after hours maintenance crew my condo complex offers. My next door neighbor (who knows the upstairs neighbor) called him and asked if she & I could go up and see what was causing the leak. We discovered it was an overflowing fish tank. We went through the insurance process and I got an estimate from a contractor. The contractor never called or showed up for the job. So my father and I decided to fix it ourselves. We bought the supplies and I kept the money. I woke up one morning and heard dripping coming out of my ceiling and then this month I found water dripping out of my light fixture. I went up to my neighbors door he did answered and said nothing was wrong. The maintenance crew came, cut three holes in the ceiling to find out what was wrong. Again they determined it was the fish tank.
My upstairs neighbor has contacted me and said he called his insurance company. The contractor is preparing an estimate. My neighbor is now saying it wasn't a fish tank but a leaky toilet. (Dirty water is dirty water). Bottom line now I need my ceiling replaced.

- What do I need to do to protect myself legally ?
- Can my neighbor some how get out of the paying for the ceiling?
- What should I do about the previous claim that was made (should they ask about what happened to the last claim?
- He mentioned to the maintenance that he was on meds prescribed by his psychiatrist, could he use this as an option to get out of the payment for the ceiling?

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