Condo issue in Norfolk, Va. (renters, insurance, home)

[stpetejack]

Hello,
My sister has a condo liability issue. The ceiling in her condo bathroom has been breached by a water leak from the upstairs owner. The previous owner also had a leak, but this was addressed back then. The current owner (been there 8 months) freely admitted today via text, 5/11/20, that the current problem was a loose screw on the toilet tank, but he is taking no responsibility. He wants us to reach out to the former owner for damages, as he said the issue was caused by the negligence of the previous owner. which we know is not how the law works. Can anyone give me a little advice on how we should proceed with this owner? I'm not familiar with Va. law, I'm in Fla. assisting my sister with this issue. My thoughts are if he isn't willing to have his insurance company cover this, then we will be forced to take legal action. Advice? Thanks.

[skeddy]

get it fixed, go to small claims court to collect.

[tbish003]

I am an agent, Virginia law requires that the landlord fix anything that makes the home unlivable. In addition, they have a duty to keep good and safe working order which includes plumbing. Your sister will have to notify them in writing about the repairs. They will have a reasonable time to respond 10 to 15 days unless its a real emergency like no water AC or heating. If they don't fix it in a reasonable time she would go down to the general district court to file a renters escrow case and she would pay GD court and withhold rent from the landlord. Then she will fill out a tenant assertion form explaining what she would like done to the judge, the GD court will then set a hearing and summons the landlord to that hearing date where evidence will be presented and a judgement will then be decided. Anyways if you have any other questions you can direct message me. If not I hope things worked out or will work out.