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Unjustified Accusations: Addressing Water Leak Implications

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I want to send a legal notice to our Condominium management for trying to implicate us in the water leaking into our residence and the one below us even though no evidence of leak was detected in our residence this was substantiated by two professional co

A leak was detected in our flat and the one below. Our kitchen and living rooms had substantial water puddle. We called our insurers and two professional leak detection firms were employed by us to trace the source of leak. All our water connections equipments etc were given a clean chit. No leak was detected nor the source pointing to our flat. We coud cleary see that the water was comming from the floor above us. for apparent reasons the building management did not provide access to the two companies to investigate further so that they could detect the source of leak. The put a claim against our insures, without our consent. The building management is just trying to implicate us without providng and evidence of finding or reports from a professional plumber. They are using pressure tactics to intimidate us into accepting that the leak is originating from our flat nd have tried to manipulate documentation to try and balme us. We need to send a legal notice to stop this badgering and accept their responsibility to set things right. the correspondence back and forth is not resolving the problem as they convieniently try to twist thing around. We have all reports that have not found a leak in our flat.

Angelica Fernandes Cell 716 907 4585 email Angelicacfernandes@hotmail.com

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Legal Solution

The response provided below is specific to civil litigation & trial law attorneys in the jurisdiction of Passaic. If the response is inadequate, please submit a detailed inquiry.

Unjustified Accusations: Addressing Water Leak Implications

Given the circumstances, it seems evident that the condominium management is making unfounded allegations against you regarding the source of the water leak. Despite having professional documentation that confirms no leaks originated from your residence, the management has not only denied access to the unit above for further inspections but also filed a claim against your insurer without your consent. Their actions might be considered as both defamatory and a breach of fiduciary duty.

Relevant Statutes and Links

Potential Solutions

  1. Engage in Mediation: Before escalating the matter to the courts, consider engaging with arbitration and mediation attorneys. This can help in achieving a resolution without the need for a prolonged legal battle.
  2. Send a Formal Legal Notice: Have a lawyer draft a formal notice detailing the evidence you've gathered, making it clear that you won't be held liable for the alleged damages. The notice should also demand a halt to their baseless claims.
  3. Document Everything: Keep all correspondence, reports, and evidence. This can be crucial in any future legal matters.
  4. Consult with a Legal Expert: It's essential to find the right lawyer specialized in housing and condominium disputes to guide you through the process.

Cost Analysis for Legal Services in Passaic

Service Average Price
Legal Consultation $250/hr
Drafting a Legal Notice $500 - $800
Mediation Services $1000 - $2000
Full Legal Representation in Court $5000 - $10,000

Note: Prices in Passaic can vary based on the experience and reputation of the attorney. Some lawyers might also work on a contingency basis, especially for cases with significant potential damages.

Seeking Further Details

To provide more comprehensive guidance, please clarify the points mentioned above. For a deeper understanding and to compare service providers, feel free to compare lawyers in your area.

Relevant Questions for Further Clarification:

  1. Previous Communications: Have you received any written correspondence from the condominium management detailing their claims?
  2. Insurance Involvement: Has there been any formal response from your insurance company regarding the claim made against you?
  3. Prior Incidents: Were there any similar incidents in the past, either involving you or other residents?

Frequently Asked Questions

How can I prove that the leak did not originate from my unit?

While the professional reports you've gathered are substantial proof, also consider gathering testimonies from neighbors, any video footage, or pictures showing the state of your unit.

Can the condominium management access my residence without permission?

No, they generally can't access your unit without notice or consent unless there's an emergency. Any unwarranted access can be considered trespassing.

What if the management continues to harass me?

Continued harassment can be grounds for legal action, including a restraining order or a lawsuit for emotional distress.

Do I need to inform my insurance company about the false claim?

Yes, you should keep your insurance company informed. They might also provide legal support since they have a vested interest in denying a baseless claim.

Can the management force me to pay for repairs without proof?

No, they need substantial evidence to hold you liable. If they attempt to charge you without proof, it can be considered a fraudulent act.

Remember, when navigating through legal issues, always consult with a trusted legal expert in the relevant field.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Unjustified Accusations: Addressing Water Leak Implications" has been changed 7 months 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Passaic & area of law: civil litigation & trial law attorneys.
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