Problem neighbor for my tenant

So I’ve have a good tenant in a condo in north Atlanta since '09. Late last year a problem neighbor (renter) moved in right above my unit.

2 problems from the neighbor:
Water from their bathroom is leaked from their unit to my mine. (twice)
Noise at all hours from their 7 year old running around the unit. (I KNOW very well there is nothing I can do about this)

The first time water leaked back in December, the upstairs owner called his plumber & he found no leaks in his unit nor mine below. The leak was not continuous so I doubt there any plumbing issue. It was just a weird occurrence. Now the 2nd time (6 months later) just happened over this past weekend, and this time there is smell of urine. I suspect the 7 year old or his single momma may be backing up the toilet & toilet water finding its way to my unit. I called the HOA again about this leaking issue & the owner called his plumber again to come out this week & check it out (to likely say there is no leak…)

After the first time, I just went & painted the water stains on the ceiling. Now there are new stains + urine smell.

  1. How do I take care of the urine smell off the walls/ceiling?
  2. What can I do hold the other owner responsible for my unit damages? I can’t really prove his tenant is doing anything wrong with their toilet. At the very least I think I should be sending the upstairs unit owner a certified letter telling him that I will hold him legally responsible for any water damages & creating a unsanitary situation for my tenant , that now may/may not have grounds to break her lease with me.

I’m so open to suggestions on how to deal with this sitaution.


Usually there is a clause in condo’s HOA association specific to water moving between units.

This is prime situation that illustrates my problem with condos. Condos look like apartments but they act like single family houses. The amount of control you have over your investment is not enough for my comfort level. The guy next to you can rent to John Wayne Gacy and all you can do is grin and bear it. One of the guys that works for me has a condo that he rents out in another state and he has a problem renting it out. The property manager says people that he shows the unit to have problems because the unit across the hall sits dirty diapers out in the hall. You have nobody to complain to since you can’t discipline the neighbors. Unless you are in New York or somewhere that condos are normal they are really problems in normal USA.

I would sell it and buy a small single family house.