Dampness, leaks and neighbor disputes

Dampness, leaks and neighbor disputes often start with a leak or dampness in the ceiling from the neighbor above. What do you do when water comes from a neighbor's balcony, and how do you deal with the damage it causes to your apartment's structure?

It happens in every season: a wet stain suddenly appears on a wall, or water comes through the ceiling from upstairs. Everyone knows what that means: fixing leaks and plumbing problems is expensive. In a new apartment, at least the contractor must repair plumbing and sealing damage at his own expense for six years, but in an older apartment, where matching replacement floor tiles are often unavailable, a dampness problem becomes an expensive, drawn-out repair.

What to do when the neighbor upstairs won't pay for ceiling dampness

Good neighborly relations often end when dampness begins in the ceiling below and the resident above refuses to fix it. These cases happen a lot, usually starting with a leak in the bathroom plumbing; once the repair is delayed, expensive secondary damage from dampness in the floors follows.

In a neighbor dispute over ceiling dampness, there is no need to ask the upstairs neighbor to come down: the expert can give an opinion based on a visit to the apartment below. Still, it pays for the upstairs resident to invite the engineer up during that same visit, since that gives a focused diagnosis and avoids a plumber's false leads.

A home inspection expert can usually pinpoint the source of the dampness fairly easily, and the opinion is admissible in court.

Dampness problems and insurance companies

How to inspect a new apartment: the insurance company you have paid for years, or the one meant to cover you under your mortgage, may often shirk responsibility. It might claim, for instance, that the dampness in the floor does not exceed what the standard permits.

Good luck proving otherwise: the standard allows up to 3% dampness in the gravel bed under the floor, or up to 6% where there is sand instead, as under terrazzo floors.

Once the dampness passes those percentages, cracks in the walls of a new house are the least of it: a serious renovation is needed, and it can be a big expense. Evacuating the resident for a month or more, so the floor dries out properly and the dampness does not stay trapped inside; repairing the plumbing; replacing the flooring and sanitary fixtures throughout the home; and finally repainting, without even counting the damage to the neighbors below.

No wonder insurance companies often shirk responsibility. When there is disagreement about responsibility and scope, it is customary to bring in a dampness expert, a home inspection engineer, to pinpoint the extent of the problem and the source of the dampness, so the court can determine who pays for the damage.

How to prove the source of a leak

When there is a dispute over dampness in an apartment and no side takes responsibility, the court will rely on the opinion of a specialist, usually an engineer, in dampness problems. Alongside that professional opinion, findings from specialized equipment are commonly used:

• A thermal (infrared) camera, which identifies cold or warm spots and therefore damp walls.
• An electronic moisture meter, which measures electrical conductivity to show what percentage of the wall is affected.
• Laboratory tests: when readings from the other instruments are borderline and inconclusive, the flooring is broken open, a sample of the sand or gravel beneath the tiles is taken, and it is sent to a lab for analysis.

Acting early and staying calm

In short, once you see the first signs of a ceiling leak from a neighbor, it pays to act right away. Ceiling dampness from the neighbor above is unfortunately common, and it is best handled calmly and professionally. A leak from a neighbor's balcony has more than once caused a dispute even between neighbors who were on good terms, so it is worth consulting a home inspection company before taking any action.

Dampness damage from a neighbor can have several causes. To stop it from recurring and solve it properly, you need to understand the source of the ceiling dampness and how to fix it, so it does not create damage that is harder to repair later.

Expect costs, work, time and the inconvenience of the repair and the search for the fault, which sometimes drags on longer than you would like. Stay calm and positive, and get help from professionals.