Being On The Upper Floor Of A Flooded Apartment Building

If the flooded apartment ends up with too much damage to remain livable you may have the right to terminate your lease without penalty.

Being on the upper floor of a flooded apartment building.

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. If need be transfer your stuff to a neighbor s apartment to your car or to waterproof storage. Maybe they ve left a leaky pipe unattended too long and it s leaked into your home rather than theirs. The short answer is yes.

Legally a rented property has to be livable and meet all local housing laws concerning a residence. In the case of an apartment being a total loss after a flood the lease becomes effectively terminated automatically. 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.

Being surrounded by other people s unit above below and on the sides makes leaks inevitable from a neighbor s condo. If a storm floods your apartment so badly it s unlivable you can usually stop paying the rent and ask for any prepaid rent back. 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. With an upstairs flood chances are good that the water is coming into your apartment from a specific part of your ceiling.

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. There are instances where an upstairs neighbor falls asleep and leaves the tub running for example in which water can go through their floor into your apartment. That includes the rooms doors walls balconies and utilities. Move valuable items that are at risk of damage from the upstairs flood to a separate area of your apartment.

However the clog causing the drain backup is likely located beneath the affected apartment. If your property owner has another equivalent apartment available you could try and negotiate a move into that unit signing a new lease. In this case the landlord does not have to provide shelter to the tenant. Most apartments will have a wood sub floor.

If the flooding was severe enough there could be damage to the flooring walls or other structural parts of the apartment. After all you re renting the space you don t own it. You should always consult with your landlord prior to making any structural changes.