Court Rules Upstairs Neighbors Liable for Leak Damage
Translated & summarized from Bizportal by baba
The court-appointed engineer found extensive waterproofing and plumbing defects in the Etachs' penthouse, estimating repair costs at NIS 60,000, with an additional NIS 10,000 for the damaged apartment below. The Etachs and the contractor must complete the repairs by January 15, 2027, and cover all associated costs for the affected residents.
The story in 5 lines · by baba
- Upstairs apartment owners are liable for leak repairs, even if they blame the contractor, a Jerusalem court ruled.
- Water leaks and mold from the Etachs' penthouse damaged the Langs' apartment since 2020.
- An expert found waterproofing and plumbing defects in the penthouse, estimating NIS 60,000 in repairs.
- The Etachs and building contractor must complete all repairs by January 15, 2027.
- The defendants must also reimburse the plaintiffs for expert fees, court costs, and legal fees.
A Jerusalem court has ruled that the owners of an upstairs apartment are responsible for fixing water leaks that damaged the unit below, even if they believe the building contractor is at fault.
The Langs filed a lawsuit in January 2025 against the Etachs and the building contractor, Mishkan Eliyahu, seeking repairs for the leak's source and the damage to their apartment. The Etachs denied direct responsibility, claiming the issue arose after they installed air conditioners connected to drainage pipes installed by the contractor. They argued the contractor's subsequent work in their apartment, including removing flooring and a shower enclosure, caused the problem.
The contractor failed to submit a defense, leading to a default judgment in May 2025 ordering them to perform all necessary repairs. The parties later agreed for the court to appoint an expert, whose findings would form the basis of the final judgment. Engineer Zvi Ron was appointed and conducted thorough tests.
Ron's report confirmed significant moisture in the Langs' bedroom and identified multiple defects in the Etachs' penthouse, including waterproofing failures in bathrooms and on the balcony, and faulty plumbing. He estimated the cost to repair the penthouse at NIS 60,000 and the damage in the Langs' apartment at an additional NIS 10,000.
Despite the Etachs' argument that the findings indicated construction flaws rather than their actions, Judge Yael Antabi-Sharon cited property law, stating that the owner of a unit where a leak originates is obligated to fix it. The judge noted that the contractor's potential liability does not absolve the Etachs of their responsibility. The court ordered the Etachs and the contractor, jointly and severally, to complete all repairs by a qualified professional under engineering supervision by January 15, 2027. The defendants must also reimburse the Langs for expert fees, court costs, and legal fees.