Q: My neighbor, two floors above me, had an original washing machine from almost 40 years ago that leaked into my first-floor unit while they were away. It caused roughly $10,000 in damage, but their insurance won’t cover it, and mine would only cover $4,000. Now the neighbors are refusing to cover the difference. What is my recourse? — Jack

A: Everyone is responsible for maintaining their property to a standard that does not harm a neighbor’s property, and can be held responsible for the damage they cause.

Your neighbor is liable for the damage caused by his leaking washing machine.

Reaching out to him to resolve the issue was a prudent first step.

Since that didn’t yield results, your next step should be to document your attempt to resolve the problem with a certified letter. Be firm yet polite, explaining the issue and requesting your neighbor to take responsibility and repair the damage he has caused.

Often, the written word can resolve an issue where the spoken word fails. Additionally, sending a letter helps maintain records of the damage and your attempt to resolve the dispute.

If the letter still does not resolve the problem, speak with your community association’s property manager. Again, send an email to follow up in writing, as you should be keeping a record of every action you take.

Your condominium’s rules likely require each unit owner to maintain their property and hold residents accountable for their negligence. Therefore, your community association should be able to assist in resolving the issue.

If involving your association does not work, your next step is to involve the court. You can do this by speaking with an experienced local attorney.

Alternatively, if the matter is small enough and you feel comfortable doing so, you can sue them in small claims court. As the name suggests, small claims court is designed to help people resolve minor disputes and features a simplified process that many individuals can navigate even without an attorney.

Check the court’s website, where you should be able to find simplified forms and instructions to file your claim.

When you have to take this step, you, or your lawyer, will find that the detailed notes, photos, and records you kept will go a long way towards a victory in front of the judge.

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