Water damage: who repairs the damage?
Water damage: who repairs the damage?
"During the holidays, I suffered water damage in my flat because of my upstairs neighbour. I went to knock on his door to ask him to put things right, but to no avail; later he told me that the council should take care of it, not him. I don't think it's fair that the council should do it, as the damage is precisely due to my neighbour's negligence. It's made me very depressed, so what can I do?
Henri, Geneva
Under art. 259a of the Swiss Code of Obligations (CO), if there are defects in the property for which the tenant is not responsible and which he is not obliged to remedy at his own expense, or if the tenant is prevented from using the property in accordance with the contract, he may demand that the landlord restore the property to its original condition, reduce the rent proportionately, pay damages or take over the legal proceedings against a third party. The tenant of a building may also deposit the rent.
In your case, the damage caused by the water is effectively damage for which you are not responsible and which you are not obliged to remedy at your own expense. For this reason, you can demand that the landlord restore your flat to its original condition and pay the costs. You should therefore inform the landlord of the defect by registered letter, giving him a reasonable period of time in which to remedy it.
Under art. 259b of the Swiss Code of Obligations, if the lessor becomes aware of a defect and fails to remedy it within a reasonable period of time, the lessee may (a) terminate the contract with immediate effect if the defect excludes or substantially impairs the use for which the property was leased or (b) remedy the defect at the lessor's expense if the defect restricts, but does not substantially impede, the use for which the property was leased.
You mention that you think it's unfair for the management company to do this. However, as far as you are concerned, it is the landlord who is responsible for ensuring that the flat is restored to its original condition. It is up to the landlord to determine who is to blame for the damage and to decide what measures to take to avoid incurring unfair costs.
