Aug 6, 2025
Pia and Antonio recently purchased a condo. While they were initially excited to enjoy living in the building, they have found their upstairs neighbors a major and unexpected downside.
A few days ago, the neighbors allowed their toilet to overflow and the water caused a leak that damaged the ceiling in their own unit. While the neighbors were polite and understanding when they first reached out, they have since been unresponsive. Pia and Antonio have learned that the neighbors are renters and do not have renter’s insurance, contravening the rules of their condo building. Their HOA is reluctant to help. What can they do?
How to deal with damage to your unit — that you didn’t cause
When your unit is damaged — whether by another tenant or an issue with the common drains of the building — the first step should be to reach out to building maintenance or your residence manager. They can identify the source of the issue and possibly take steps to prevent it from getting worse.
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Be sure to document the damage, including taking photos, keeping a timeline and recording details and findings you get from the maintenance team.
From here, you may think it’s a good idea to reach out directly to your own insurance company — but be careful. A recent study found that 1 in 4 homeowners in the U.S. were dropped by their insurance companies in 2024. While this may be your first claim, the more claims you make, the more likely your insurer is to consider your coverage too risk-prone.
Instead, look to have the costs covered by the insurer of the unit where the damage originated. If you’re in a similar situation as Pia and Antonio, the owner of the condo unit should be notified and they should handle the damages.
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Who needs to get involved
After your initial documentation, you should reach out to your homeowner’s association to report the damage and follow their guidelines for resolving the issue (including the fact that the tenants don’t have insurance). Your HOA has a duty to investigate complaints and mediate issues. If the owner of the unit where the damage started isn’t responsive, the HOA can help you to communicate with them and enforce the rules.
If, like Pia and Antonio, your HOA is slow to react, approach the condo board of directors directly and inform them of the steps you have already taken to remediate the issue. If necessary, remind them of their responsibilities in the terms of their role on the board.
While this issue has a good chance of being solved amicably, if you cannot get timely responses from the tenants, their landlord, or even your HOA, you may consider contacting a lawyer.
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They can help determine who is responsible for the damage (whether the damage is due to the actions of the tenants, or issues with building maintenance) and advise you on how to proceed to ensure you can get the cost of the repairs covered. The lawyer might also write a strongly-worded letter to compel the required party to act.
A lawyer can also advise you on when you should hire professionals to deal with the damage to your unit, so you can get back to living normally without risking being on the hook to pay fort he damage out-of-pocket.
When to contact your insurance
If you are not concerned about the possibility of being dropped by your insurer and you are not getting timely responses from the landlord, your insurance company may be able to help.
Call your insurance agent and report the claim, supplying all the documentation you gathered. Your company can send an insurance adjuster to assess the damage and help determine who is at fault. From there, they may attempt to subrogate your claim, which means the insurance company for the landlord would pay for the damages. If your insurance company is successful in this claim, you may not have to pay your deductible and it may not affect your standing with them.
In any case, remember to act quickly. When it comes to water damage, time is not on your side. Mold and mildew can develop in as little as a day or two following a leak. You might want to contact a water damage and restoration company to help clean up the issue right away and assess the amount of damage. Your insurer may be able to provide contact information for some preferred companies in your area.
No matter how you proceed, being proactive, advocating for yourself, checking in frequently and nudging the process along will help you resolve the matter as quickly as possible.
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Rebecca Holland is dedicated to creating clear, accessible advice for readers navigating the complexities of money management, investing and financial planning. Her work has been featured in respected publications including the Financial Post, The Globe & Mail, and the Edmonton Journal.
