Is water spillage from upstairs apartment legally actionable nuisance?

I live in an apartment in Bangalore. The residents above me flood my balcony with dirty water from flower pots, drain cleaning, and laundry. This prevents me from sun-drying clothes or food for my infant. Despite several requests, they haven’t stopped. Does this constitute actionable nuisance? Are tenants legally protected in such situations?

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Advocate By LEAD INDIA Answered: 13 May 2025

Yes, this is a case of private nuisance. You can send a legal notice to the upstairs residents or apartment association. If the issue persists, file a complaint with the municipal authority or a civil suit in court. Under tenancy and housing laws, you have the right to enjoy your property peacefully. For further legal assistance contact us on our helpline number.

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