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We have a nuisance owner occupant in our condo. Anyone successful in evicting and can offer advice? Our issues are repeated leaks caused by their overflowing water - 3 times in past month.
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Condo evictions are much more difficult than co-op evictions since there is no lease. You won't have the Pullman / Davis / Lapidus cases to help you. Not that co-op evictions are trivial or commonplace; they are drastic measures that should only be considered when repeated good-faith attempts to resolve the problem have failed.
You mainly hear about condo evictions for nonpayment of common charges -- where the owners have typically defaulted on their mortgage as well and end up losing the apartment -- or in the case of someone who is *subleasing* a condo, in which case there is a lease and standard protections like the warranty of habitability apply.
You'll need to get a lawyer's opinion, of course, but I would guess that you'll probably need to treat your nuisance neighbor like the guy next door, not the guy upstairs. You can't kick him out of his house, but you can take legal action to make him stop his harmful activities and to compensate you for damages already suffered.
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