Question: I'm the landlord of a ground-floor unit. Approximately four months ago water from the upstairs unit's bathtub/bathroom was leaking down into our unit. We cut out a small area to monitor the leaking problem.

The owner of the upstairs unit said his tenants indicated they wanted to renovate the bathrooms to fix the problem.

But when we contacted them about fixing it, they said they are putting it off. In the meantime, the family has been showering in their other bathroom. So, of course, the leak stopped, but now there is a gaping hole in our unit. The owner of the unit has indicated they have no money and have no intention of paying to repair the hole even though their unit caused the damage. They told our tenant that we should file an insurance claim. The problem is we have to pay the deductible. What recourse do I have?

Answer: Take pictures of the hole before it is fixed. Once you get the hole repaired, contact the upstairs owner in writing and give him a copy of the bill. He should be given a set period of time to reimburse you. If you are not repaid within this time, or other arrangements aren't made, then you need to take him to court. Most people would rather pay because a judgment against them affects their credit.

If you must sue, you will need to file in Small Claims Court. You will have to do the forms yourself. Forms are available online at http://www.courts.state.hi.us. You need to fill out a District Court complaint for assumpsit (money owed), a summons and a return of service. The complaint and summons must be served on your upstairs neighbor (or an adult living at his home). The adult who serves the forms must fill out the return of service form. You cannot serve the papers yourself. You need an adult who is not a party to the suit to serve the papers. Once the neighbor is served and the form filled out, the return form must be filed with the court.

The second page of the summons shows the return date. This is the date you, and your neighbor, must show up at court. If your neighbor doesn't show up, then you win by default. If he denies he owes the money, you could be sent to the court mediator. If there is a trial, your photo and repair bill will come into play.