Expert: Morgan Smith - 9/7/2011

Question
QUESTION: i own a semi attached home, the home that attaches to my home sometimes has water entering the  basement when it rains heavy and then the water seeps into my basement between the adjoining wall. the landlord is aware of this problem but does not do anything to correct the situation. he is aware of it because he saw it and i also told him what is occuring. can i take any legal action against him if he does not correct the situation even though he knows it is affecting my property.

ANSWER: Dear anthony,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about water intrusion and a landlord tenant dispute.

A good suggestion for any dispute is to gather evidence.  Don't rely on your belief that "he is aware of it because he saw it."; instead, immediately write a letter demanding repairs, sign it, date it, keep a copy and mail it to your landlord.  That way you can prove that you gave him notice, and he knows/should know about the problem.  Second, take photos of the water coming in so you can prove the extent of the problem.  Third, document the damage to and/or replacement cost of your personal items affected by the water.

I recommend that you bring your information to an attorney licensed to practice in your state with experience in landlord/tenant problems.  In my state, tenants have the opportunity to file a rent abatement action.  The process involves the tenant posting their rent with the court along with a formal complaint.  A hearing follows shortly thereafter and a judge can order your landlord to make the repairs and also decide whether to give you back your rent.  You probably have a similar feature available in your local court system.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law


---------- FOLLOW-UP ----------

QUESTION: hi my question wasn't about landlord tenant, it is about my next door neighbor who owns the home adjoining mine. my house is attached to his. the problem he has is with water entering his home and then it enters my home through our adjoining wall. if he doesn't correct the situation can i take civil action?

Answer
Hi again anthony,

The same rules of the original message apply to this follow up.

I regret that I was confused by your use of "the landlord" and concluded that subject affected your situation.

Other than that portion, I abide the original response.

I still suggest that you gather evidence as I set forth above.  I think its wise to immediately write a letter demanding repairs, sign it, date it, keep a copy and mail it to your next door neighbor.  Its a good idea to bring your information to an attorney licensed to practice in your state, preferrably one with experience in property or real estate cases.  

You could then file a civil suit to seek money to repair the damage, and replace your personal property and order your next door neighbor to cease driving water into your home.  Depending on the laws in your state, and the circumstances that cause the water to come into your property you may win a judgment or get some other relief.  Some states treat water as a "common enemy", particularly rain water run off, and where those rules apply you may not get the relief you seek.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law