Water Damage Issues... who's responsible (roof, paint, ceiling, convert)

[keithdmitchell]

So I have a little dilemma here and I'm looking for some advice on it.

I live in a Townhose / Rowhouse that is next door to a property that is owned by a landlord. Every time we inform that something is being caused by his property he ignores it so eventually we have to take care of it.

However this time it's gotten to the point where I've gotten my insurance company involved and likely small claims court. The problem is that he has an issue with his roof and water is leaving into his property and into mine via the firewall / party wall. We eliminated our roof as a factor as we had it re-surfaced last year and already had two different parties come out to professionally check on the root, both who have which stated there are no issues with our roof. So the damage we have is in our 3rd bedroom which is my Son's. In the side closest to the firewall is visible water damage, minimal sagging and it's weak to the touch. Just pushing on it you can feel it not being as strong as the sheet wall should be, compared to the rest of the room. And now after that heavy rain the other night there is a huge and visible water stain on the ceiling.

Mind you we've lived in this house for 9 years now and we've never had this issue until the past few months. We only got the roof re-surfaced when we had our gutters cleaned and the company that did it said we should get it done soon. We also didn't go with that company for various reasons.



I contacted my insurance company and they cut me a check however since my deductible was so high for this sort of incident, the check was barely enough to take my family to dinner. My fear is serveral;

1. The damage to the ceiling and who knows where else.
2. Cost of getting this fixed.
3. Even when I do get it fixed, if the landlord doesn't fix their issue with the roof then this cycle will repeat.

I'm also looking at going to small claims court since my track record with the owner has been crap. He hasn't take care of anything and on this issue I suspect it's the same. Hell I even had to pay to get his gutters cleaned cause of the water that was flying off their roof when it rained, it didn't drop through the gutters... it literately flew off the roof, which I have video of.

Video - Here

I'm not even going to go into the issue of my basement getting water cause of all the rain from his roof onto my property that doesn't routed to the yard like it should. I even went and purchased some gutter tubing to help and put it on their side.

Any advice here? I still think small claims is the way to go.

[wireyourworld]

Is there some sort of local code that he is violating by not having the water shed properly? If so, maybe contact code enforcement?

[George Chong]

Do you have some sort of condo docs or covenants that govern the community? Otherwise, you would have to prove that due to your neighbor's negligence that caused the damage on your property.

[MrWillys]

Can you prove where the water is coming from? Otherwise, I don't see that you have a leg to stand on. I would cut open the ceiling, and find, and fix the cause.
Usually in new construction there is a separation between units that should allow this to happen. However, if it is an older, and or converted unit it could be possible.
This fix for the stain is an oil base stain sealer, or it will just bleed back through the latex paint. I would be more concerned with solving it than who's at fault. Fault can be documented during restoration and repair. The biggest expense would be a drywall finisher, because you surely don't want the guy who painted the room doing any taping!

[keithdmitchell]

Yah, it's an older home, built in 1955, so it's a tad on the old side =). I'm just waiting for estimates now and I agree I rather get it fixed now vs blaming who but I did all what I could so that I won't incur water damage in the first place.

[MrRational]

Originally Posted by keithdmitchell

Yah, it's an older home, built in 1955, so it's a tad on the old side =). I'm just waiting for estimates now and I agree I rather get it fixed now vs blaming who but I did all what I could so that I won't incur water damage in the first place.

What does your insurance agent say about the "culpability" aspect?
They'll also be the best starting point for exploring any code or habitability issues
through the building department.
hth

[underPSI]

You do not have a little dilemma. You have a major problem. It is much more than the discolored spot. The spot is simply where water is standing. If you look from the spot back to the corner you can see where the ceiling and wall is discolored. For your sake I hope it rains soon as you need to be in the attic with a camera taking pictures of the leak's source. You will not be able to simply apply stain-blocker over the damage. It appears from the sagging paint the wall is going to need to be opened up and a fan installed or you will have a serious mold issue. Especially since this is your son's room it needs to be fixed pronto. Also, I wouldn't let your son sleep in his room next time it rains. The ceiling is not far from collapse.

[keithdmitchell]

Originally Posted by underPSI

You do not have a little dilemma. You have a major problem. It is much more than the discolored spot. The spot is simply where water is standing. If you look from the spot back to the corner you can see where the ceiling and wall is discolored. For your sake I hope it rains soon as you need to be in the attic with a camera taking pictures of the leak's source. You will not be able to simply apply stain-blocker over the damage. It appears from the sagging paint the wall is going to need to be opened up and a fan installed or you will have a serious mold issue. Especially since this is your son's room it needs to be fixed pronto. Also, I wouldn't let your son sleep in his room next time it rains. The ceiling is not far from collapse.

Right. I'm more than aware of the issue and that's what I'm afraid of. Though I don't want to cut out the ceiling only to be stuck with a hole in the ceiling until I get someone there.

[keithdmitchell]

Originally Posted by MrWillys

Can you prove where the water is coming from? Otherwise, I don't see that you have a leg to stand on. !

Well it's a process of elimination. If our roof is in perfect condition it can't let water in. There are no pipes up there so what are the chances of it coming from next door? Especially where the water is sitting?

[thecoalman]

Mind you we've lived in this house for 9 years now and we've never had this issue until the past few months.

The issue started before of after you had the roof fixed?