What to do about a leak from an upstairs unit?

UPDATED: Jan 4, 2013

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What to do about a leak from an upstairs unit?

Tonight, my boyfriend came home to discover water rushing in through his walls and ceiling from the unit above him. Unfortunately, no one currently owns the unit as the past owner passed away and the unit is in probate. My boyfriend does have insurance on his unit and his complex has a master policy. What are the chances that my boyfriend will have to cover any of the repair costs?

Asked on January 4, 2013 under Real Estate Law, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry.  More information is really needed here.  I am going to assume that this is a condo for the purposes of guidance.  First, it needs to be determined where the water is coming from and if it is from an area considered to be part of the domain of the unit owner like a hook up to a washer (or the estate in this matter) or is it from some common area that is leaking (a pipe in the walls).  He needs to make a claim under all the policies here and let the adjusters and plumbers figure out the source.  But he needs to keep a watchful eye and have some one independent (like a plumber) also come and take a look.  This way he knows the best avenue to pursue.  Good luck.

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