Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘Every time it rains heavily, my neighbor’s basement floods and that, in turn, floods mine. They rent, I own. It’s slowly destroying more items in my basement, not to mention my flooring. I have two sump pumps to prevent my own basement from flooding. What action do I take against the property owner?’Before you take any legal action, I would suggest getting an expert opinion or two. You may need a contractor or some type of engineer to give you an opinion on exactly where this water is coming from and why.
Question: Assuming you’re right, and the water is coming from your neighbor’s property, you may have a cause of action against the owner for trespass and/or nuisance. However, a good first step would be to talk to the owner about getting the problem fixed before you start suing. As you know, owners tend to have a different set of priorities than renters, so you might be pleasantly surprised at the owner’s reaction.
Answer:
If not, then it may be time to take legal action, depending on the amount of water and damage being caused. A local real estate attorney can help you evaluate whether your situation warrants a lawsuit.
