Posted by Amanda Plyley on July 27, 2000 at 16:27:16:
In Reply to: Re: Water damage (my property) caused by another tenant posted by brenda on July 26, 2000 at 11:22:31:
This is essentially what the lawyer I consulted with today said. We haven't cleaned/bought anything new YET because the repairs haven't been done yet. If the leak is active there's no point in subjecting new stuff to damage. If we can't negotiate with the landlord then we'll probably end up in Small Claims. ::sigh:: At least we know we've got a pretty strong case.
: 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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