Abstract:
A tenant of the unit above me got drunk, slept in the shower. Water flooded everywhere and damaged my property. I need a place to stay while my unit is being dried. I was unable to contact body Corp because it was out of office hours. Property manager of the unit above me declined to pay hotel fee for me and claimed it should be paid by insurance of body Corp. I'm not sure if body Corp will do that because the tenant caused the issue not faulty of the building itself. Any suggestions for me?
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Hi all, I was hoping to get some advice about happened to me yesterday morning.
So apparently tenant of the unit above me got drunk last Friday night, came back home, had a shower and fell asleep in the shower.
I was told by my neighbour and staff who came to my unit later to dry up my home that somehow she covered drainage while sleeping in the shower of master bedroom and the water flooded into master bedroom and kitchen area.
I was woken up by water dripping noise yesterday morning around 5 AM. I initially thought I was getting rain through my master bedroom window but water was dripping from the ceiling. It damped carpet partially. I brought a container to collect water to prevent further damages to my carpet.
But I soon found out one of side walk in rode was totally soaked in water and bottom of furniture already absorbed water.
Kitchen floor was flooded with water. I had to use a towel and a bucket to remove water so many times.
Second bedroom carpet was partially damped and bottom part of my computer desk absorbed water as well.
Because it was still early in the morning I didn't want to disturb my neighbours. So I left a letter under door of my next door and the unit above mine. Next door neighbour had not noticed any leakage but told me she would let me know if she finds any issues later when she comes back home.
Luckily another neighbour noticed severe water leakage from ceiling of garage on ground floor. He was smart enough to check water meters of each unit found that water meter of the unit above of mine was running fast. He managed to turn off the water for the unit.
When I and he visited the unit above mine the tenant opened her unit door slightly so I could only see her partially. She said she just got up. I showed photos and videos of the situation in my unit and asked if she had the same issue. She denied it but said "I'm so sorry". I thought she was just sorry for what I was going to through.
I tried to contact my body Corp but it went to voice mail which was already full. I contacted on call plumber's number I got from the body Corp but it went to voicemail as well.
When I tried again the manager of plumbing company said it would cost $500 and someone has to pay on the day. Just to ensure the tenant would be happy to pay I called her back and she said landlord was there.
The landlord was apologetic and said he had already hired someone to bring blowers and dryers to fix the issue. Although the tenant to me her unit was fine when I entered the unit this time I noticed that her living room was flooded and there were towels and a big bucket in the living room. Landlord to me he would pay to dry my unit and also cover electricity bill for using the machines in my unit. I thanked him for being nice and also told him I don't want to blame anyone but just want it to get fixed. I asked his direct contact number but a lady who claimed to be manager of the property gave me her number instead.
Soon after 2 guys came to visit my unit to assess current situation and told me it would take 4 to 6 days to complete the process to dry my unit and it would not be a liveable place to stay.
So I contacted the manager of the unit above. Not like when I saw her in person she sounded cold and showed no sympathy for what I was going through. When I asked her if she would be happy to cover if I book a hotel to stay she told me like she would not pay for me but it should be covered by insurance of body Corp.
But since it's not a faulty of the building itself but the tenant caused the problem I thought it should be paid by landlord of the unit. I asked her direct contact number of the landlord but she declined and said like she was the person I was supposed to talk to.
I later found out the tenant of a daughter of the landlord as well.
I've never experienced anything like this in my life and did not sign up home insurance.
When something like this happens is body Corp supposed to cover hotel fee for me like she said? Other neighbour doesn't believe body Corp would do that but would take legal action against the landlord of the unit because this incident did not just damage my property but 2 more units ( my next door and the unit above my next door) and other shared areas and something related to electricity and emergency as well.
Manager of the cleaning company asked my permission to drill holes on kick board of kitchen to create air flow otherwise it will get mould soon. He told me that body corp will cover the fee and I don't even need to notify the body Corp from my memory.
I think it's unfair for me to experience this. I had to spend my time on Saturday morning to wipe my floor and had to leave my home. I thought the landlord was genuinely sorry but after the phone call with the property manager I think I should fight my rights.
I don't want to be greedy but after the drying process is done should I hire someone to assess my unit again? I think even if my unit appears to be dry enough the space between mine and the unit above may be still damped and it would a matter of time to notice moulds in my unit.
I've sent an email to body Corp Corp the other neighbour had sent an email to them as well as it will affect our building.
My neighbour told me if she were me she would change carpets affected and even get a new kitchen at the cost of landlord of the unit above.
Can someone kindly tell me my options please?
Should I hire a lawyer? If so will the landlord pay the cost of hiring a lawyer if I win the case?
My friend suggested me to tell the property manager that if she is not co operative I will take her to "fair trade".
I just want to have a drama free live and stay in my unit like I used to do but it seems like unless I speak up I won't get what I am entitled.
Please help me!
Yep, definitely need a TL;DR.