QuestionsGeneral-MiscWho is responsible for water damage?
Leyria asked 8 months ago

Hi r/mauritius,I live in an apartment (I own the place) and a water pipe broke in the upstairs neighbor's apartment. I have some quite heavy damage on my side. A very wet wall with all the paint gone, a wooden door that needs to be completely replaced, damage to the ceiling and floors, etcThe neighbor refuse to pay for any damage or to engage his insurance. He's saying that I should be handling this on my side and that it's not his problem.I have no idea what are the rules here? Do you guys know what my options are?Thank you.

SuddenAd1640 answered 8 months ago

Did you try contact the facilities / syndic ?

shallanator answered 8 months ago

**Here is what you can do meanwhile:**

1. Document in great detail the extent of the damage caused. If you have pictures of the damaged items before and after said damage – this is a good start.
2. By law, the building must have a representative (someone designated on paper as an authority with the sole purpose of managing said building). This is the person you must seek to contact with your issue.

**What happens if you attempt to claim damages from your neighbor directly?**
Your neighbour will likely file charges in court to counter your claim. This will take many years of going back and forth to court and will only waste your time since you will not win the case?

**Why will you not win the case if you take your neighbor to court directly?**
Your neighbor will likely argue that they are not at fault. Indeed they agree that pipes did burst but you should have perfomed your due dilligence and contacted the people in charge of said building. As a result they will argue that your approach was more personal than professional and therefore attempt to seek damages from you – and it is likely that the judge will rule in their favor should this be the defendant’s (your neighbor) claim.

The names of the people in charge of said building is usually clearly stated in the building’s policies and possibly contract – so ensure to check those. If you do not have a copy of these, send a registered letter to the management of your building (registered to prove to the court that you did attempt to contact the owner as per the date of the letter being registered). If the management of said building do not take action within a reasonable timeframe – at least the judge may enquire as to why there had been a delay to deal with your complaint and possibly inhospitable living conditions.

**Generally, my recommendations are to seek professional advice. One common theme you will encounter when seeking said advice is to document everything so you have plenty of proof that you attempted to resolve the matter on your side.**

pavit answered 8 months ago

1. You need to file a well documented with damage estimates official complaint the syndic, the syndic should also confirm your claims…

2. Use said documentation above to sue your neighbour to hell, it’s a quick process at small claims court… the first hearing is typically within 6-8 months…

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