If owners of downstairs condo refuse access ,am I still responsible for completing repairs I started after minor leak i caused?
1 attorney answer
This is one reason why condo owners need insurance for their respective units. The insurer would be dealing with this. Your leak (I assume it was yours and not a leak in an element of common area, in which case the condo assoc. should be dealing with this) is your responsibility and you are attempting to live up to it. Good, but you cannot force your way into repairs. Seems to me the alternative is to give them, in writing, a deadline to allow access or consider any claim forfeited. Whether that would hold up in court cannot be predicted but they can't demand compensation and refuse the means of getting it at the same time. An alternative would be to tender to them the estimated amount for the repair work to be done (if that can be estimated) and let them do the work on their schedule.
I don't see you forfeiting rent as a measure of any damages. If they make a claim for more extensive damages, they'd have to prove it was caused by the leak. They'd have to show that further damage was not a result of their refusal to deal with the initial repair. However, presuming the leak is now fixed, there seems little possibility for further damage.
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