Being On The Upper Floor Of A Flooded Apartment Building

The short answer is yes.

Being on the upper floor of a flooded apartment building.

If the flooding was severe enough there could be damage to the flooring walls or other structural parts of the apartment. With an upstairs flood chances are good that the water is coming into your apartment from a specific part of your ceiling. Maybe they ve left a leaky pipe unattended too long and it s leaked into your home rather than theirs. If your property owner has another equivalent apartment available you could try and negotiate a move into that unit signing a new lease.

Being surrounded by other people s unit above below and on the sides makes leaks inevitable from a neighbor s condo. Assuming you didn t cause the water damage yourself your landlord is lawfully required to fix the damage to the apartment itself at his expense. This includes structural repairs carpet cleaning replacement walls doors and so on. In this case the landlord does not have to provide shelter to the tenant.

If you live in an apartment or a condo you might be wondering if the wastewater from upper level units can cause a condo sink backup in a lower level unit. Most apartments will have a wood sub floor. After all you re renting the space you don t own it. In the case of an apartment being a total loss after a flood the lease becomes effectively terminated automatically.

The only exception to that rule would be if the landlord were at fault for improper plumbing maintenance or repairs to the unit. However the clog causing the drain backup is likely located beneath the affected apartment. If need be transfer your stuff to a neighbor s apartment to your car or to waterproof storage. When you add in owners who may only live in the unit part time and other units that may be completely unoccupied the risk of a leak only goes up.

You should always consult with your landlord prior to making any structural changes. Move valuable items that are at risk of damage from the upstairs flood to a separate area of your apartment. Legally a rented property has to be livable and meet all local housing laws concerning a residence. If the flooded apartment ends up with too much damage to remain livable you may have the right to terminate your lease without penalty.

That includes the rooms doors walls balconies and utilities. Your landlord is responsible for building and apartment repairs that are needed because of flooding. Almost all states give you the legal right to a livable apartment one where the front door locks the roof doesn t leak the utilities work and the floor is solid.