- April 17, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Rental Condo Leak Complaint: A Frustrating Situation
We began leasing out our condo in September, excited about the new venture. However, we recently encountered a leak complaint that has caused quite a headache for us.
Our superintendent conducted a leak test on our shower by opening up the ceiling of the unit below. He discovered a crack in the membrane, which came as a surprise considering we had renovated the condo just last March. Despite our contractor’s initial shock, they offered to cover the costs of repairs and damages.
To address the issue, a foam sealant was applied from below to fix the membrane. Unfortunately, we received another leak complaint even though the shower was not in use at the time. This led to speculation that the leak may have originated elsewhere. Nonetheless, the superintendent insisted on conducting another leak test, confirming that the membrane was leaking once again. Our contractor expressed frustration at what they deemed as misuse of the shower and proceeded to order a patch for the membrane repair from below.
As preparations were made for the repair, tensions escalated between us, the superintendent, and the unit below. Ultimately, we were compelled to remove the tiles and fix the leak from within our unit, incurring additional costs for the repair. Our contractor, now understandably upset, is billing us for the expenses and contemplating legal action against the superintendent for alleged damage to the shower. What was intended to be covered under warranty has spiraled into unexpected damage and financial burdens.
In light of these developments, we are considering legal action against the building to recover the repair costs. However, we lack experience with small claims court proceedings and harbor concerns about insurance coverage for the repairs. We are seeking advice on navigating the small claims court process and engaging with insurance providers effectively.
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I’ve been a contractor for nearly 15 years, and started tiling / building washrooms prior to that.
I have never once heard of repairing a shower membrane from below, and it’s certainly not a repair I would consider or stand behind.
What product / membrane did he use in the first place?
Why would you not have engaged your property insurance company sooner? It’s their role negotiate these types of issues.
>But the superintendent came back and did another leak test on our shower by filling up the basin. He said the membrane was leaking again. **Our contractor was pissed because he said that this was misuse of the shower and broke his repair.** But he again, ordered a patch to fix the membrane from below.
A shower that can’t tolerate its basin being filled is probably not meeting a reasonable definition of ‘has been fixed and does not leak any more’.
I would be pretty suspect of a contractor who has initiated a ‘repair’ that would have failed when: The drain gets a bit clogged, your washing a pair of pants, you happen to stand on the drain while taking a long shower– IE irregular but normal shower use.
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/wrt small claims court; the process is pretty straightforward and can be for values up to 35,000.
You can retain a paralegal to handle the process for you, or you can initiate it yourself. A lawyer is not normally required. Expect a 5-15 hour investment of time from beginning to end and about a year before any sort of sit down with a judge happens (the ‘sit down’ is often over virtual conferencing). You will have to serve the individual you are suing yourself (or through an agent), the courts do not handle this.
Those numbers CAN vary wildly.