How to deal with toilet leak with the downstairs neighbor

This sounds like the bumper bash I had some years back when both my and another car were reversing out of parking spaces and we nicked each other. I had a tiny ding at one end of my bumper - it was a very low-speed ding and I had actually stopped reversing already at the time of impact. The other car tried to claim a whole series of dings on the rear of their car were caused by the accident (this is the part that sounds the same) - absolutely no way that was consistent with what happened. I told them I wasn’t discussing it with them and insurance would handle it. ( Insurance sure wasn’t buying it and I even got my deductible back.)

Sounds like these people are trying blame a whole bunch of things on this - definitely let insurance handle it.

3 Likes

I agree that it’s a good idea to contact insurance, but I wouldn’t assume everything is going to be covered by home insurance.

For the purpose of covering the claim, it’s import to distinguish between a sudden and accidental new leak vs a gradual leak that relates to the original leak 2 years ago, and has been present for months/years. The former is likely to be covered. The latter likely won’t be covered. Some insurers also require to be notified within as short as 48 hours of the water damage incident, while others may support claims as long as 30 days after water damage incident.

If it was me, I’d first get a reliable evaluation and estimate, including evaluating whether there is mold, what damages are likely to be related to leak, and how much to repair. I expect all of above can be done at no cost. Depending on the answer, I’d decide whether to go through insurance or not. I’d talk with agent and get information including chance of different aspects of the damage being covered and how much future premiums would increase, before filing a claim. If the expenses are large and not well covered by either party’s insurance, then it gets more complicated. I’d try to find a fair resolution with neighbor, but would be ready to get attorneys involved, if this is not possible.

Regarding roaches, roaches often do settle by sources of water including leaking water, but that doesn’t necessarily mean this leak is the cause of the roaches. The Impact of Moisture Leaks on Cockroach Infestations in Kitchens – Aptive Pest Control

Thank you. I agree with your assessment, but from my standpoint, I didn’t know about the leak until 2 weeks ago. I fixed it the next day. IMO, they probably could have been more proactive about it. I am going to speak with the super tomorrow to get his assessment.
I don’t think the insurance is going to cover everything. They want to replace the vanity, rip out the tiles to get them replaced.

1 Like

I am dealing with my own leak from my neighbor upstairs. I don’t have bugs, mold or damage to my bathroom fixtures. It’s easier for me to pay my super few hundred $ to fix my ceiling than to file a claim or deal with my neighbor.

4 Likes

Surely they need to contact their insurance, and their insurance can contact yours if they think it’s necessary? The damage is in their apartment, not yours

3 Likes

If they just moved in, did they have an inspection and did they catch any of this on the inspection? Curious as to whether that would’ve negotiated any price differential on the sale and if they are potentially double dipping by also expecting you to pay.

These people moved in 3 years ago.
here is an update

I met with the building super this morning. He said there is nothing wrong with the bathroom other than some minor patching work to do, and he could take care of it easily. He is going to show them today inside the wall is bone dry. He said the vanity/s veneer is peeling because of the shower.
As far as bugs in the apartment it is more due to the fact that they have boxes of stuff in the apartment. The super told me that they are running a business out of the apartment (buying and reselling stuff). They get 10+ boxes of things everyday and very likely that’s how they got bugs.
The super pretty much said they are making a big deal out of nothing. I told him to fix what he could and I would take care of him.
My coop does not allow people conduct business in our apartments. I am sure their condo insurance is also for residential, not for commercial.
I will see what happens after they meet with the super today.

12 Likes

just be glad bugs aren’t getting through to you. yuck.

2 Likes

Sounds like they wanted something (a new bathroom) for nothing.

They know the boxes are what is bringing in their bugs.

3 Likes

I think our downhill neighbors are taking lessons from your neighbors!!

My husband is obsessive about getting cardboard boxes out of the house asap. He feels it brings in roaches.
After having family work in property management for many years I am still shocked at how many people want to try to get something for nothing. Mold can be caused by a leak in the pipe but also can be caused by poor housekeeping.
One issue with even trying to be helpful is that there is no knowing what other issues come up once the drywall or tile is removed. It could quickly escalate to $$$.

1 Like

One good thing is that they were able to remove the vanity (mirror) and look inside the wall without taking out the drywall or tile.

3 Likes

Just stopped by to see how it all ended. Glad you got it sorted out.

1 Like

H always comes home with reused cardboard boxes from Costco with his purchases. He knows I want him to unload and not bring boxes into the house. I’ve heard horror stories on the pests in the boxes turning into an infestation.

3 Likes

Here is an update, hopefully the last one.

The downstairs neighbor filed with their insurance company claiming there was mold in the bathroom due to the leak. They wanted all of their drywall’s and tiles replaced in the bathroom. The super wrote a report that it was the building’s responsibility, so the management agent hired an inspector to check for mold and there was none. They submitted the report to the insurance company, so their claim is dismissed, but their insurance premium probably will go up due to the claim.

The super helped me out quite a bit on this matter. I gave him a nice tip.

14 Likes

Did they stop blaming you for their cockroaches?

1 Like

The super found the roaches were coming from outside, not from the bathroom. He got an exterminator to take care of it. That’s why I was so appreciative of him. He took care all of it behind the scenes. If I didn’t ask him I wouldn’t have known.

6 Likes

What’s with neighbors blaming us for their negligence? Our difficult downhill neighbors insisted on an urgent removal of a very alive tree that was leaning towards their house. They accused us of “cutting off all the branches on our side”. Um
 no. we didn’t cut branches. The tree grows towards the sun. So it grew towards their house. And if they had ever, in 15 years of living there, ever, EVER had any tree work/maintenance done, the branches would not have grown to hit their roof and the tree might have had a more balanced canopy if they had trimmed branches. Instead, it got heavier and heavier on their side b/c the branches grew towards the sun and the tree became lopsided and unbalanced. But blame us. Nice. Not. Oh and the guy who came to grind the stump left a huge mess, moved our side yard walkway pavers, and the company isn’t getting back to us, so far. swell.

2 Likes