Who is responsible and obligated to pay for water damage in my apartment

Hello, firstly apologies for the English.

I am hoping you can provide some help here - either with a simple answer to my question or advise on who I should contact to get some free legal advice.

I have some water damage in my apartment that was caused through a leak in the apartment building (either a leak in the roof or a leak in the balcony belonging to my neighbour above us).

My insurance company is stating that as the water leak has come through the "frame" of the building, the bostadsförening is responsible to both fix the leak AND fix the damages (so my insurance company will not pay for any damages).

The bostadsförening states that they are only responsible to fix the leak and that fixing the damage is my responsibility (and I should discuss with my insurance company).

I am now in a position where neither my insurance company or the bostadsförening will take responsibility - each states the other is responsible.

Is there a "simple" law or ruling on this matter as I am sure this is something which happens quite often?

Thanks in advance for any help!! Peter


Hi Peter

It is a common problem that often occurs when there are multiple parties involved.

Normally if you have a good insurance company, they will help you to pay for repair of damage. And then the insurance company requires compensation of the person who caused the damage.

In your case:
Is the question of where the water damage started? Was it in the apartment above you, or if it was outside at the balcony and the property owner housing association (Bostadsrättsföreningen) that caused your water damage.

For the one who caused the water damage, shall pay all those who have been affected by it, according to the law.

So you have to first find out where the water damage startarde, and document this so you have proof for the future of who caused the damage.

Then once you know this, you can claim compensation from those who caused the damage.

If those who have caused the damage, do not want to pay you. Can you turn to a court and sue the person responsible for the water damage.

If you do not have knowledge of the Swedish legal system. We recommend that you contact and hire an attorney or a lawyer, and are available here at us. Or you can find one among them various ads on our site here.

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