Help with Water damage from neighbor! (renters, homeowners insurance, condo)

[wpang]

Hello, I live in a townhouse of the RTP area. Yesterday, my neighbor had a clogged toilet and flooded the entire first floor. It also flooded and damaged the walls and floor of my garage and living room. I do not have any homeowner insurance, but my neighbor does. We did ask an inspector to come out to give an estimate to repair the damage. It would cost several thousand dollars. My neighbor did not want to 'fix' his house, but only dry everything with a fan. This is his rental property, and a new tenant is supposed to move in on Tuesday. He will check with his homeowner insurance to see if they cover my damage.

What should I do now? How would I make my neighbor pay for the damage? What company would you recommend fixing the water damage in the triangle area (including repair the wall and floor)?

Thanks

[m378]

I'm confused about who owns and who rents. Renters don't have homeowners insurance, they have renters insurance which covers belongings. The owner of the unit would maintain homeowners insurance.

[twingles]

Do YOU own or rent?

His homeowners is likely not going to pay for your damage. Why do you not have insurance?

[wpang]

I own the property, but I do not have insurance. I had insurance for the last a few years, but very hard for them to pay for anything. There is high deductible too. I cancelled it.

Anyhow, my neighbor owns the property, but he does not live here. He rents his property out for business.

If his insurance does not pay for my damage, what could I do?

[carlito2002wgn]

Originally Posted by wpang

I own the property, but I do not have insurance. I had insurance for the last a few years, but very hard for them to pay for anything. There is high deductible too. I cancelled it.

Anyhow, my neighbor owns the property, but he does not live here. He rents his property out for business.

If his insurance does not pay for my damage, what could I do?

You don't have insurance. You have screwed yourself. You will have to pay for the damages.

When you say that you don't have insurance, do you mean that you don't have any homeowner's insurance at all? Like, nothing!?! Do you not have a mortgage on the property? Just curious.

Had you considered catastrophic loss when you decided to cancel your homeowner's insurance? For example, what was your plan for something like a total loss in a fire? You would lose everything.

When considering situations like the one you are in, I always remember that, in NC anyway, if my neighbor's tree falls on my property and causes damage, I am responsible for the damages (unless, unless ... yes, I know it isn't that cut and dry). Maybe if you can prove that he did something stupid like flush a small a small explosive down his toilet, then you could sue him. Is that a likely scenario (any part of it)? No, it isn't. Much more likely is that he might, out of the kindness of his heart, pay for some or all of the damages. That fallen tree scenario was one that I was involved in. My tree fell on my neighbor's property and caused some damage. I took care of it. BUT, I didn't have to!

[cheapdad00]

Bring in some powerful fans, dry everything out and survey everything after it is dry. That's what a restoration company would do. How deep was the water in your unit? If it just got on the floor, then you might be ok, but if the drywall got wet, you may need to replace it.

And if you own the property, you need some sort of insurance for disasters. Do you have a mortgage on the property - don't they require insurance? Homeowner's Insurance isn't there to pay for maintenance - it is to pay for things like fire, lightning strike, tree falling on house, etc.

[TarHeelNick]

Originally Posted by wpang

I own the property, but I do not have insurance. I had insurance for the last a few years, but very hard for them to pay for anything. There is high deductible too. I cancelled it.

Anyhow, my neighbor owns the property, but he does not live here. He rents his property out for business.

If his insurance does not pay for my damage, what could I do?

I am sorry but this was a terrible decision. What would happen if there was a total loss?

I assume you have no loan on the property as there is no lender in existence that would allow a borrower to to not carry at least an HO6 on a townhome (most would require an HO3 unless the property is legally a condo)

That being said...your neighbor has a responsibility as a property owner to properly maintain and repair the property whether they live there or not... especially if they are renting it out to others.

What could you do? Pay for the repairs on the property that you own and as much as I hate to say it, report the owner of the unit next door to the HOA. They will need to hire professionals to clean and repair the damages and ensure that there is no potential for organic growth. That will cost far less than mold remediation down the line and/or a lawsuit from a tenant who develops health issues from it.

[wpang]

Thanks everyone! Really appreciate the input! Yes, I just paid off the townhouse over a long time.

Just curious, if I have the homeowner insurance, would the insurance pay for this type of damage?

[ncbeckster]

Yes, if you had water backup added to your homeowner's insurance policy at the time of the incident, then you would have had coverage for the damages.

[carlito2002wgn]

Originally Posted by wpang

Thanks everyone! Really appreciate the input! Yes, I just paid off the townhouse over a long time.

Just curious, if I have the homeowner insurance, would the insurance pay for this type of damage?

Yes, it would have.

If you had problems with the insurance in the past, then maybe the best course of action would have been to change to a different insurance company rather than just go without. Maybe see this as an opportunity to gain some new skills while you repair your property yourself. Glass half full?