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Co-ops, condos & rentals · 6 min read

Mold from an upstairs neighbor’s leak: who pays and what to do

It’s the most New York mold problem there is. A tub overflows, a shower pan fails or a toilet seal leaks upstairs, and a brown ring shows up on your bathroom ceiling. Mold grows on the top side of your ceiling drywall, where you can’t see it. Here’s how to handle it.

Step 1: stop the source

Knock on the door, then call the super or managing agent. Until the leak upstairs is fixed, any work on your ceiling will just get wet again.

Step 2: document everything

  • Date-stamped photos and video of the stain, any dripping, and damaged belongings.
  • Written notice (email or text) to your landlord, managing agent or board, and the upstairs owner if you know them.
  • A log of who you spoke to and when.

Step 3: who is responsible?

If you rent: repairs to the building, including your ceiling and mold remediation, are generally the landlord’s responsibility. If it isn’t fixed, call 311 (see our NYC mold law guide).

Co-ops: the proprietary lease and house rules usually split responsibility between the co-op (building elements, common pipes) and shareholders (fixtures and anything inside their unit). The upstairs shareholder or their HO-6 policy may be responsible if their fixture leaked.

Condos: the bylaws define what is common element and what is unit. Often the unit owner whose fixture leaked, or their insurer, is responsible for damage below.

In practice, your own insurer may pay and then go after the responsible party. Talk to your agent early.

Step 4: remediation and repair

We contain the room, open the ceiling where it is wet, remove moldy drywall and insulation, dry and treat the framing, and rebuild with moisture-resistant board and paint. We give you photos and a scope showing the source, which is what every party’s insurer will ask for. More on bathroom mold removal.

Mold doesn’t go away on its own.

Call now or send photos. We’ll tell you what you are dealing with and give you a free on-site estimate.