Flooded neighbors below - what to do? This question arises when a flooded apartment is detected and causes panic in people. After all, damage can be done not only to their property, but also to someone else's. If you flooded the neighbors from below, what to do, how to assess the damage and peacefully resolve the conflict with the injured party, learn from this article.
The first steps
In the case when you filled the neighbors, you need to try to get out of the unpleasant situation with the least expenditure of your time, nerves and money. To do this, first of all, find the cause of the emergency and turn off the tap on the riser. Next, you should de-energize the entire apartment and call the plumber from the housing department. To reduce the possible damage to neighbors, you need to try to get the most water from the floor.
You also need to talk with your neighbors, explaining to them what happened. There are situations when the injured party demands money from the person who flooded the neighbor from below. What to do in this case? It is necessary to figure out who is to blame for what happened and for whom the damage will be paid. Indeed, despite the fact that water flowed from your apartment, the fault does not always lie on you.
Not understanding the conditions of insurance of an apartment, people ask themselves: “Flooding the neighbors from below - what to do?”. There is insurance - it means you need to call your insurance company and, having described the situation in detail, act according to the instructions of the company's employees.
How to identify the culprit flooding
How to understand who is to blame for flooding the apartment? In cases where the water was not turned off, or for a long time the faucet that required repair did not change, you will be to blame for what happened. In this case, the neighbors will have to compensate for all the damage they have suffered.
If the flooding of neighbors occurred due to the breakthrough of the riser, the blame for the incident will fall on the organization serving the house. Since the riser is considered to be common property by law, an organization hired by the management company should have been engaged in its timely replacement. In such a situation, all victims should write a collective statement addressed to the company servicing the house.
If the dwelling is used under a contract of employment, it is also necessary to understand the reason for flooding. In accordance with the law, the owner must pay for the overhaul, and the duty of the employer becomes the implementation of the current repair. The owner will be responsible for failures in the batteries and pipes that caused flooding. The tenant will respond in cases where the apartment was flooded due to an uncovered tap.
Indemnification - who is obliged to pay?
Even when the culprit of the flood is identified, a question arises to the person who flooded the neighbors from below: “What to do?”. The premises are carried out depending on whose fault other people's property has suffered.
If you are the culprit of flooding, you should try to negotiate with the neighbors "on the spot." You can try to immediately discuss the damage and the amount of its compensation. Most often, neighbors do not want to get involved in government structures and prefer to solve the problem peacefully.
In the case when the flooding occurred because of the negligence of the organization serving the house, you and your neighbors are victims, so you have the right to apply to the housing office with a demand to compensate for the damage.
If the owner of a dwelling is to blame in an emergency, then he is obliged not only to compensate all the damage caused to his neighbors, but also to cover the cost of your personal property that has been damaged by flooding.
Flooding an apartment rarely goes without damage to someone else's property, and immediately questions arise: “How can we understand the size of someone’s damage if a person flooded the neighbors from below? What to do? How is the assessment done? ”
There are several ways to assess and recover damage from flooding an apartment:
- After discussing with the neighbors the approximate cost of damages and achieving mutual agreement, you can pay the amount to the victims. It is necessary to draw up an act in which the agreed amount of damage will be fixed, which suits both parties.
- You can also, together with your neighbor, determine the amount of materials that are needed to restore the property. After you buy it all in stores at your own expense and pay the cost of repairs in the apartment.
In cases when it is impossible to reach agreement with the injured party, the losses of neighbors are estimated in other ways:
- Call an independent expert. His services can be paid both jointly and by one of the parties (this is decided by the parties to the conflict). Based on the expert's opinion, the payment is made. In the case when one of the parties does not agree with the decision of the expert, she may require additional expertise or consideration of the case in court.
- The court may resolve a conflict of interest on the basis of the documents submitted: photographs of the affected apartment, testimony of witnesses, a written statement. The court may also order an examination.
Negotiations with neighbors
After discussing the situation with the neighbors, you can solve the problem with minimal losses. After all, with polite communication it will turn out not to bring the case to court, but to do a little compensation. Especially if the neighbors themselves admit that they already had old repairs, and personal property was not damaged during the flooding.
If the neighbor is still determined to go to court, then you can try to dissuade him by giving the following arguments:
- All costs and expenses are paid by the claimant. Although the amount is usually small, it is necessary to pay it before the start of the trial. Since it is impossible to foresee a court decision in advance, a neighbor may well incur unnecessary expenses.
- The services of an assessor, in the event of a court request, are also paid by the injured party. The call of a specialist will have to be made on a mandatory basis, since the court will be able to decide on compensation for damage only through the information collected.
- The court will be able to take into account only the official earnings of the defendant. So if you are not working under the contract, you will be able to be obliged to pay no more than 1/5 of the subsistence minimum. Neighbors usually hope to receive the full amount at once, and the message that payments will occur within a few years may cool them down.
Nuances of damages
- The amount of damage will be calculated not from the purchase price of the property, but from the estimated value. So, the equipment can be estimated at two and three times cheaper compared to the purchase price. Also, often the court establishes to pay funds not for the purchase of new equipment, but only for the repair of the old.
- If the injured party demands compensation for moral damage, then in court it will have to be confirmed by a doctor’s conclusion or checks for the purchase of medicines.
If you can not agree
Often there are cases when the injured party does not even want to hear that someone else is to blame, but insists that once the water has flowed from above, then you are to blame. Or, instead of a peaceful discussion of compensation, is threatened by the court. In this case, you must act in the following sequence:
- We need to try to negotiate with the injured party. If you do not want to spend your time and nerves on court hearings, then you should ask your neighbor how much he wants for the damage caused.
- It is necessary to record the results of flooding in someone else's apartment. With the permission of the owner to photograph the room. Separately shoot the affected electronics, pay attention to the condition of the walls and places where the water got into the apartment.
- The act of flooding must be issued in due form. The form can be found both on the Internet and by asking representatives of public utilities. When completing the act must be present guilty, the victim and witnesses. The act is signed by the chief engineer or his deputy and a plumber. Later, this act will help to recover material compensation from the management company.
- Keep a copy of the act. It must also have all the signatures, otherwise it will lose its legal force.
- If the act was drawn up in your absence, then you need to get it in your hands in the housing office.
There are situations when people find it difficult to choose the right solution or continue to worry about flooding the neighbors from below. What to do? A lawyer can provide professional help and solve your problem. Usually, many companies provide first advice for free, and in this way you will receive professional help without material loss.
Legislative regulation of the issue
Material damage resulting from flooding regulates Art. 1064 of the Civil Code of the Russian Federation. It says that the guilty person must fully compensate the damage.
In the same regulatory act states that if the damage occurred through no fault of the citizen, then he should not be responsible for it. True, you have to try to prove your innocence.
How to stop the flood correctly
When the flooding of the apartment is already a fact, it should perform sequentially recommendations below:
- Calm down (panic - not the best assistant).
- Turn off the water, turn off the electricity.
- Call a specialist.
- Find out who is the culprit for an unpleasant event - a neighbor on top, a company that made repairs or a management company.
- Assess the damage caused and draw up a corresponding act. Such a document may issue an emergency service. The act must be signed by both parties.
Calculation of compensation and damage
After it became clear who is to blame for the incident, you can proceed to the calculation of the damage and the choice of compensation.
Considered the most optimal following ways:
- Drawing up an agreement that sets out the amount of damage (calculated at market prices), as well as the procedure and term for full settlement. After the logical conclusion of the relationship, the parties usually draw up a receipt through which the amount transferred and the absence of mutual claims are recorded.
- Determining the required amount of building materials and labor. In this case, the perpetrator of the incident restores the damaged property on its own or pays for the work of the brigade.
- Attracting a professional to assess the harm done. These actions are necessary in the event that the parties can not come to a common opinion. Not agreeing with the results of the examination can order a re-evaluation or go to court.
Where to complain?
But if a peaceful settlement of the conflict is not possible, then the nature and extent of the damage should be specified in the act, and then go with him to court. At the same time it is necessary to observe the territorial affiliation.
The choice of the instance to which the claim should be filed depends directly on damage done. This order is specified in paragraph 5 of Part 1 of Art. 23 of the Civil Code.
So, if the amount of compensation is less than 500 minimum wages, the justice of the peace can make a decision. If it is not possible to determine the amount of compensation or its size is greater than the above, then the issue will be decided in the district court.
The trial is possible only if the parties have evidence, that is, you should immediately prepare a photo and video material.
Drawing up an act and claim
The last document should be written in the presence of both parties and sealed with their personal signatures. The presence of a qualified lawyer is not out of place. Regardless of the observance of the latter condition, then you should proceed to collect evidence - testimony, photos and video.
In act You need to include the following information:
- Commission, which usually consists of a chairman, plumber and apartment owners.
- Address flooded housing.
- List of damage.
- The cause of the incident.
- The date of the incident and the drafting of the act.
In conclusion, each member must sign in assent or express a negative decision.
In the statement of claim should be stated:
- the reason for petition,
- amount of damage
- date of the incident
- the address of the culprit and the victim
- unsuccessful attempt to resolve the issue peacefully.
Oddly enough, but it is the plaintiff who must prove that at the same time there were: harm, wrongful behavior of the opposite side and a causal link.
If you are the culprit of flooding
The first and most simple option: the accident occurred on the eyes, respectively, you can take maximum liquidation measures.
In addition, you should inform the neighbors so that they can save valuable things from the harmful effects of water.
After that, you can proceed to thinking about further behavior. While negative emotions are driving everyone, it is better not to discuss the procedure for paying compensation. But the cause of the incident is recommended to find out in hot pursuit.
Leakage can happen due to the following circumstances:
- implementation of any work in the apartment,
- the appearance of a defect in the water supply system,
- pipeline wear, etc.
Housing specialist must determine the exact cause of the incident and reflect it in the act. The document must be compiled in 2 copies so that 1 can be kept.
If the culprit happened faulty deviceit is better to fix this fact on the spot (to reflect in the act, to photograph, to secure testimony, etc.). This evidence will allow you to further reduce the amount of payment or transfer the compensation of damage to another person.
How do avoid high costsif the victims are the neighbors below? For example, you can not wait for a call to a judicial institution, and go with a guilty head and offer to make repairs on their own. Any verbal agreements do not have any legal force, therefore it is recommended to put everything on paper and notarize them with signatures. When the relationship associated with flooding, will be exhausted, you can protect yourself with a receipt, indicating no complaints.
If the neighbor's requirements exceed the reasonable limits, then you can contact an independent appraiser, who is able to determine the actual amount of damage caused.
Peaceful conflict resolution
The judge, of course, will take a fair and correct decision, but this option is time consuming. Therefore, it is better to immediately go to the injured party, and find out what outcome is most acceptable for her. It is necessary to examine the documents, evidence and determine the optimal amount of compensation.
To get rid of delays and endless excuses allows a written document, reflecting the order and amount of payments. You can not make a receipt only if the perpetrator paid off immediately after the presentation of a valid claim.
If incidents are repeated constantly
What actions should be taken if the flooding from above has already become a familiar situation, and the perpetrators do not even think of making up for the losses. In this case, the threats will most likely not be perceived, therefore it is recommended to immediately go to attract 3 persons. These may be: employees of the housing maintenance office (Housing), homeowners' association (HOA), appraisal service, as well as the court.
It should be borne in mind that flooding may not occur at all because of the irresponsible behavior of neighbors, but because of old or poor-quality water pipes. Then indemnification of the caused damage can be shifted on the organization which is engaged in regular service at home.
Judicial practice question
Court decisions in the field of flooding of apartments are very diverse. The claim can be either approved or rejected. The guilty has the full right to file a counterclaim if he considers the amount of compensation to be unreasonably high.
As an example can result in the following positive decision of the district city court. The victims are 2 apartments located above each other. The cause of flooding is the rupture of a hose that supplies cold water to the bathroom. The magnitude of the damage is reflected in the act, drawn up by experts, as well as confirmed by testimony.
The amount reflected in the statement of claim compensates for the following expenses:
- conducting an independent assessment and budgeting - 12 thousand rubles,
- notification of the guilty party by telegram - 230 rubles.,
- damage to 1 apartment - 120 thousand 600 rubles,
- damage caused to 2 apartments - 55 thousand 70 rubles,
- renting an apartment and compensation for moral harm - 65 thousand rubles,
- payment for the work of a lawyer - 20 thousand rubles,
- payment of state duty - 4 thousand. 900 rubles.
The injured party handed over to the court the following documents: an act of flooding, a statement of claim, an agreement with a lawyer, payment receipts, etc.
In this case, the court sided with the plaintiff and satisfied the claim for damages in full.
About solving similar problems with neighbors, see the following video:
Соседи затапливают в настоящий момент: что делать и куда обращаться.
Смоделируем ситуацию, когда, открыв входную дверь, вы видите вселенский потоп. И понимаете, что соседи затапливают квартиру. Отбросив панику начинайте действовать:
- Before starting large-scale rescue operations, it is necessary to eliminate the possibility of a short circuit. If it drips in the same room, de-energize all electrical appliances in the room. If the whole apartment is a continuous defeat zone, then turn off the electricity in the whole apartment by turning the toggle switch on the panel.
- Climb the floor above. Ring the neighbor’s door from above, which floods. If the neighbor opened the door, tell him that he drowns you. There are cases when a person who works in shifts, letting in a bath for bathing, lay down and fell asleep. Water ran over the edge and found a free passage to your apartment.
- If the neighbor has adequately responded to the situation, then while he closes the taps and picks up water from the floor, go back to yourself and save appliances. First of all, it concerns electrical devices located on the first line of flooding. Then remove the flooring (they can be taken out on the balcony). Substitute basins, buckets, pots and bowls under dripping water from the ceilings.
- Return to an adequate neighbor and help him collect water. The faster you can handle the water disaster above, the less you will have it.
- Considering the antiquity of the water supply system in old houses, there are frequent cases of pipes breaking through. Or during the repair work was established marriage. Strong pressure breaks the pipes and water flows freely into your home. Call the emergency dispatcher and demand that he draw up an act. Be persistent. Utilities by hook or by crook will fight off this. Do not allow them to cut and carry out defective parts. This will be physical evidence on the court.
- It is much more unpleasant when neighbors drown and do not open or they are not at home. But in this case there is a way out. Shut off the water supply to the riser should the management company. With access to general communications, you can turn the valve yourself. However, if you damage the system, you will have to answer for it.
The main thing that needs to be done if neighbors drown from above is to stop the water.
What to do if the neighbors flooded the apartment above.
In parallel with the operation to save property, start ringing all the bells. The public service, board members of a cooperative or condominiums are all those people and organizations where to go if neighbors are flooded. This is necessary in order to draw up the “Act on flooding, an accident that occurred on the central heating system, hot water supply (or cold water supply)”. This form is used regardless of whether your home is serviced by housing offices or organized by condominiums.
Consider that the refusal of a member of the board of directors of OSMD or utilities to record the fact of flooding is illegal.
The document shows: when and what exactly happened, the water supply or heating system and in which apartment the flood caused. It is necessary to indicate why everything happened:
- rough intervention without the permission of residents in the communication system,
- self-replacement of radiators, pipes, mixers,
- not performed on time maintenance or performed poorly,
- premature failure of communicative components,
- improper operation, etc.
The document should contain information about the consequences of flooding:
- what restoration work will have to be done
- how much is damaged every thing
- a list of things damaged by water (computer and household appliances, electrical appliances, furniture, floor coverings and other interior products).
The act must be drawn up in the presence of a commission. Invite a few neighbors who agree to testify. At the bottom of the document, the entire composition of the commission puts its signature. Then with the act you need to familiarize against the signature of the neighbor who flooded you.
The act must be signed by a representative of your party. If he refuses to do this, then the refusal of the painting should be shown in the document, and the fact that he has been notified of the drawing up of the act. Then a copy of the act can be sent to him by mail with the notification.
How to assess the damage if the neighbors flooded.
Losses caused by the flood, you determine at a glance. And losses, as we know, require compensation. Therefore, the desire to pay damages is legitimate. Especially when neighbors flooded repairs. There are several options:
- repair you finished recently or are in the final stage. Therefore, you have all the receipts for payment of construction and repair work, materials and an agreement with the company that performs the work. Financial documents will be proof of the amount of harm caused. This applies to household, computer equipment, interior items, in general, all that was purchased in the house. A check indicating the value of a particular thing is indisputable proof of the damages received.
- repair and purchase of household items, electrical appliances, you have done for a long time, so there are no checks available. Then invite an expert in the field of valuation. After conducting an independent assessment of the property, he will provide you with a report on the assessment of the property that was damaged during the flooding.
If the neighbors who flooded you agree with your assessment of the damage and are ready to pay it without a court, then stop at a voluntary repayment of losses. It will be enough to draw up an agreement on voluntary compensation for damage and notarize it.
What to do if neighbors flooded the suspended ceiling.
Stretch ceilings of good quality are in the case of the flood a lifesaver. Since they can withstand up to 100 liters of water per 1 sq.m. That is, all electrical equipment, expensive furniture, carpet and other household items should not be exposed to water.
Hanging from the ceiling bubble seems the most terrible. But this is the maximum inconvenience that you will have.
So, having found that the elastic ceiling material was stretched almost to the floor:
- de-energize the lamps in the apartment,
- go to the top of the neighbors to cut off the water
- call emergency service, public utilities, board members of OSMD, neighbors. In general, acts as stated above.
- call a specialist in stretch ceilings to help drain water from a bubble,
- if a specialist in suspended ceilings is delayed or cannot arrive, flush the water yourself through a hole in which a chandelier or a spotlight is mounted. To do this, a hose is inserted into the hole at one end, and the other end is put into a basin or bucket.
Neighbors on top constantly drowned. How to be?
If you have a question what to do, if the neighbors are constantly drowning, then you can hardly solve the problem by concluding the world one.
The situation, if neighbors drown regularly, requires very different actions. But, naturally within the framework of the legal field:
- collect photo and video fixation of everything that happens.
- make acts of flooding.
- go to court. Just before going to court try to find out clearly that your problems are due to your neighbors. The poor state of communications is a reason to file a lawsuit against public utilities.
If you flooded the neighbors below.
Let's look at the other side of the coin when you flooded the neighbors below. What to do in this situation?
- First of all, if you broke a pipe and flooded your neighbors, run to block the water on the riser. To do this, call the emergency service or themselves tighten the valve. Find out who is guilty that flooded neighbors, will be a little later. First we eliminate the source of the problem.
- Do not shy away from communicating with the injured party. And even more so from drawing up the act. Then you will not be able to present for reimbursement the cost of the original Rembrandt and Pampadour Awnings beds.
- If the neighbors flooded by you still try to bring into the act or conduct an examination of non-existent interior items, contact the court to have an independent examination appointed.
- Independently establish in detail the cause of flooding. The marriage of the central water supply system is not your diocese. This should be made in the act of flooding. If the commission insists on your fault (although this is not the case), sign the document with the comments, ask yourself a copy of the act and file a lawsuit in court.
- If the blame for the deed lies entirely with you, and you realize this, negotiate a settlement agreement with the injured party. Voluntary reimbursement of damage certify the notary. The fact is that if your fault is recognized in court, then you will not only have to compensate for the damage, but also reimburse the plaintiff for legal costs and moral harm (if he demands it in the lawsuit).
We will be glad if you do not have to use our step-by-step instructions. And in your house will always be dry and comfortable.
The first step in the event of a similar situation
The first thing to do is try to eliminate the very cause. Going upstairs, tell your neighbors about what happened - after all, they may not even be aware of what is happening. If possible, it is necessary to turn off the water using emergency taps. Regardless of whether it turned out or not, you need to call the emergency service and describe the situation to the dispatcher. Be sure to specify the last name, first name and patronymic of the applicant and its number. This will help later if you have to bring the case to court. Where to go if the neighbors are drowning from above, usually written on information boards in the entrance, but it is desirable that the emergency service number of the management company is always at hand.
Very important! In a conversation with your neighbors flooded you should behave with restraint and correctness, which will save not only your nerves, but also protect you from possible lawsuits in court for insults. Yes, and relations with neighbors do not spoil, because this can happen with almost everyone.
What to do to avoid short circuit
The most dangerous thing in this situation is the possibility of closing the wiring. In order for the flood not to turn into a fire either, immediately after the discovery that you have been flooded, you have to turn off the voltage in the apartment from the input automat. He is usually in the entrance, in the power shield. In fact, this is one of the first actions from the list of “what to do if neighbors are flooded from above”.
How to minimize damage from flooding the apartment
If it was not possible to contact the neighbors, and the water continues to flow down the walls and heating pipes, after calling the emergency team, you should try to minimize the damage. It is necessary to take out all appliances and electronics, as well as things that did not have time to suffer, from an apartment or a flooded room. It is good if it drowns only one room (if the word “good” is in this case generally appropriate). In this case, you can move things to another room. But if they move to the entrance, it is worth to look after them. Nowadays, the desire to grab any of the "ownerless" electronics may arise from many.
After disconnecting the voltage and moving the things that were not affected by the flood to a safe place, it remains only to wait for the arrival of the emergency repair brigade.
What to do and where to go if the neighbors are flooded from above - the stages of the proceedings
No need to panic and clutch at the head: “Neighbors poured the apartment on top! What to do?". As the famous Carlson said: “Calm, only calm. This is an everyday matter. ” After eliminating the cause, it is necessary to call the employees of the management company to conduct an inspection and draw up an act, in which not only damages caused by flooding, but also the causes of its occurrence, are mandatoryly reflected. Now step by step we will deal with the algorithm of subsequent actions. What to do if the apartment is flooded:
- To begin with, the commission establishes the culprit of the incident - it can be neighbors above or a management company,
- Further, everything is fixed in the act. We need to make sure that everything in it is correct,
- After that, the question of the order in which the damage will be repaired is solved - it may be a settlement agreement with the culprit, a judicial procedure or an appeal to the insurance company in the presence of a policy,
- If the perpetrator refuses to pay damages, and there is no insurance, you should attend to the collection of all necessary documents for going to court.
Let us examine these actions in more detail.
Establishing the culprit - who should do this?
The commission should determine the guilty in the flood, but it should not be fully relied upon. It is necessary to insist that, in addition to the employees of the management company, independent experts be included in it. It may even be friends who have education in the field of plumbing. In this case, the management company will have less temptations to put the blame on the neighbors in the case of the guilt of the Criminal Code.
The act itself can be drawn up independently, in the event of the management company’s refusal to send its employees upon call. In this case, you must invite two neighbors as witnesses. Their signatures are required in the act. It is made in three copies, one of which remains with the victim, the second is handed to the perpetrator, and the third is sent to the Criminal Code.
But drywall ceilings do not tolerate the flood - the material instantly absorbs water and collapses
If possible, the victim should take photographs, they will help in the proceedings in court, if it comes to that.
How to fix the fact of flooding
It is very important to draw up an act that fixes the incident and its consequences. If the employees of the management company refused to come, they will have to fill it out by themselves. A sample act on the consequences of residential or non-residential premises can be downloaded below.
This document is signed by neighbors and, if invited, specialists, as well as the victim and the culprit. If the perpetrator refuses to sign, a special entry is made in the act in the appropriate box.
It is very important to immediately turn off the power in order to avoid a short circuit.
Is a peaceful solution possible?
In fact, this will be the best outcome, which will not only save your nerves and save time, but also for the budget of the perpetrator it will cost less damage. After all, all legal costs will have to pay the losing side. And if the victim has compiled and collected all the documents as needed, then there is no doubt about the outcome of the process.
Important advice! If the perpetrator of the flooding proposes to solve everything with the world, without drawing up an act, then you should not listen to it. No matter how the issue is resolved, an act of the consequences of the gulf of the premises must be drawn up.
Often people ask what to do if the neighbors above are constantly poured. The answer here is one - you need the correct design and recourse to the court. Often, such a measure motivates the neighbors quite strongly to begin to take a more responsible attitude towards their duties as a tenant.
Often the cause of the flood becomes unqualified plumbing
Resolving the issue through legal proceedings
If the perpetrator refuses to pay for the damage caused by the flood, and there is no insurance, then there is no other way out than to file a claim in court. In the claim, you can safely include the cost of the examination of damage, if any. The claim is filed with the World Court of domicile.
Helpful advice! If it is decided to make an assessment of the damage by a specialist, then it is better to do this within a ten-day period after flooding. This will reveal all the consequences, in the form of bloated parquet or peeling wallpaper.
But it also happens that the water supply or heating pipes start flowing from old age
Neighbors flooded the top: what to do if the apartment is insured
The procedure in this case is the same. The drawing up of an act and the assessment of damage by a specialist are obligatory. But in this case all the necessary papers are submitted not to the court, but to the insurance company where the policy was drawn up. It is on their basis that the decision on the payment of the insurance premium will be made. But there is one nuance. When assessing damage by a specialist, you should invite the insurance commissioner. This will relieve from proving the fact of flooding due to the fault of a neighbor from above in court, in case of failure of the insurance company to pay compensation.
By drawing up the act should be approached with full responsibility
What documents are required to go to court
The list of necessary documents in this case is as follows:
- Properly drafted statement of the consequences of the Gulf of the room,
- The defective act issued by the housing or utilities or appraiser,
- Estimated construction and repair work. In case a repair has already been made, a cost estimate is provided with a confirmation, which can be used as sales and cash receipts,
- Statement of claim.
Actions after judgment
If after the court decision has been rendered in favor of the victim, the perpetrator does not pay the amount due, the same court should be asked to issue a writ of execution. This document must be personally handed over to the bailiffs to initiate enforcement proceedings. But after that you should not rely only on them. We must be prepared for the fact that even their work will have to be controlled by the injured party. В противном случае есть риск, что дело затянется более чем на три года. Кто-то может спросить, а что же будет по истечении трех лет. По прошествии этого срока, если не было проплат, исполнительное производство прекращается. В этом случае законных оснований к получению компенсации уже не будет.
По прошествии 10 дней можно вызывать оценщика. К этому времени будет виден весь ущерб
The flooding of the apartment by neighbors from above, of course, is an unpleasant event, but not critical. So you should not panic. Here you need a bright head, able to soberly assess the situation. The main thing is a clear and phased implementation of all the necessary actions. Only in this case, you can hope for the desired result.
And these are the consequences of untimely voltage shutdown during flooding
We hope that today's article was useful to someone. All questions arising during its reading can be asked in the discussions below - we will be happy to answer them. If something similar happened to you, please write about it, and it is possible that someone will avoid mistakes in such situations precisely because of you. And finally, a video instruction from a lawyer:
How to stop the flood
Before starting rescue efforts, pull out the plugs from the sockets that are in the affected area so that there is no short circuit. If the damage is large-scale, turn off the electricity on the shield. Then take action:
Refer to the neighbors above. Perhaps the source of the flood is an open tap or a broken washing machine. In this case, the tenants will be able to eliminate the cause of the problem. They will be able to turn off the water in the apartment, if the internal communications have broken through, and not the riser.
If the neighbors are not at home or they cannot cope with the damage on their own, contact the management company. Plumbers to block the flow of water throughout the riser.
Breaking the door of the neighbor's apartment is not necessary in any case. Even if you save the entrance from flooding, illegal entry into someone else's home may result in criminal liability.
If you have access to general communications, you can turn off the water yourself. However, in this case, the self-appointed locksmith will be responsible for potential system damage.
How to find the culprit
There may be only two people responsible for the flood:
- If the damage to the water supply system occurred on the communications after the tap, which restricts the water supply to the apartment, then your neighbors flooded you. They also bear responsibility if the reason is in a crowded bath, broken household appliances, and so on.
- If the leakage happened on the common riser, the batteries or the heated towel rail are damaged, the management company is to blame. There is only one exception: the neighbors unauthorizedly altered the heating system and did not notify the Criminal Code of this.
How to fix the fact of flooding
Even if you managed to cope with the flood on your own, you will have to call a representative of the management company to document the flood. While waiting for a specialist, take a picture of the zone of destruction. Fix all the details. Find two or three neighbors who will agree to become witnesses.
The representative of the Criminal Code will draw up an act of flooding the premises. The document should indicate:
- the address of the victim
- date of signing the document
- the names of the victim, the guilty, the representative of the Criminal Code and the witnesses,
- identified or suspected cause of flooding,
- a list of damages to the apartment (indicate that they were found on the day of the inspection, since then new damage may be discovered),
- signatures inspecting the apartment (or noting that one of them refused to sign an autograph).
Be sure to ask the representative of the Criminal Code one copy of the act for yourself.
If the management organization did not send an expert, make a similar act yourself.
How to solve a problem peacefully
Perhaps the neighbors (and very rarely the management company) agree with the assessment of the damage and are ready to reimburse it without a trial. To secure both parties, draw up an indemnity agreement and contact a notary. So the guilty party will confirm its obligations, and the injured party - that it will not drag money from the neighbors forever.
How to solve the problem through the court
Neighbors flooded, but do not hasten to repair damage. Start preparing for the trial. Invite an independent expert who once again assesses the damage. The guilty party must be notified about the visit of the specialist in a way that confirms that the information was sent to her. For example, by telegram, by registered mail.
The expert must draw up a damage report. Indicate who came to all the problems arising from the flood. Attach a specialist’s fee to the claim contract: costs will be included in the reimbursement amount.
After receiving the act, you can apply to the court. Package must contain:
- statement of claim,
- documents of title to the apartment,
- Flood report drawn up by you or a representative of the management company,
- a similar document from an independent expert,
- photos and videos of the affected apartment,
- estimated work to eliminate damage from the flood.
For the court with the management company, if it is to blame for the flood, a similar set of documents is needed, only the statement of claim is made in a different form. On the part of the Criminal Code a professional lawyer will speak out against you, who will use any excuse to ruin the case. Therefore, make sure that all documents are drafted and executed in accordance with the rules.
The court may recommend settling the problem in a peaceful way: you reduce the amount of their claims, the defendant voluntarily pays it. You can accept the offer or refuse. In the second case, the final decision on who is right and who is guilty and how much money needs to be paid will be left to the judge.
Do not make repairs until the trial is over. Additional expertise may be required.
What to do if you fill the neighbors
Try to solve the problem on the spot without the involvement of third parties. Communicate politely, tell us about the reason for the leak. You may be able to reach a compromise and agree on an amount acceptable to both apartment owners.
If a neighbor at your expense is trying to change the paper wallpaper to cover with gold thread, get ready for the trial. In the process of drawing up a report on the flooding of a neighbor's apartment, also take photographs of the damage in order to be able to prove that the victim exaggerates the damage.
You can call an independent expert to assess the destruction in the apartment of neighbors.
If the management company is to blame for the leak, it makes sense to unite with your neighbor, since both of you are victims.
How to find out who is responsible for the flood in the apartment?
In the beginning, determine the place from which the water flowed. If this is a tap of your neighbors, then they are to blame. It's all clear. But if a breakthrough occurred in the water stand, then you need to look:
- the management organization is guilty - before the first locking tap or other disconnecting device from the riser located in the apartment where the break was
- blame sose and if after a tap or disconnecting device
Important! Each owner is responsible for the maintenance of his property (Art. 210 of the Civil Code). The texts of articles 290 of the Civil Code of the Russian Federation and 36 of the Housing Code of the Russian Federation indicate that all communications in the house belong to the owners of residential premises on the basis of common shared ownership.
However, the owners transfer the authority to manage the house by entering into an agreement with the management organizations. It is responsible for the integrity of communications.
The management company’s area of responsibility is all water supply communications to the stopcock in the apartment. After the adjusting crane, responsibility on the apartment owner (point 5 of part I of the Rules for the maintenance of common property in an apartment building, approved by the Decree of the Government of the Russian Federation of 13.08.2006 No. 491).
If there was a leak in the heating system, and regardless of the location of heating radiators or a heated towel rail in the apartment of your neighbors - the management company is to blame. Clause 6 of Part I of the Regulations refers the entire heating system to the area of responsibility of the management company.
An exception will be the independent re-equipment of the heating system (including configuration changes), without notifying the company that maintains the house and without the consent of the municipality. In this case, the responsibility will be borne by the owner of the apartment in which the conversion was carried out.
We fix the fact of flooding
First you need to call the emergency service through the manager of the management company. Alarm workers are working around the clock. Phone dispatcher must be in case. If not, then find out through the Internet, information is freely available.
Before the arrival of the emergency service, make a mandatory photograph of the damage caused, or take it on the video with short comments. In the future, it will become evidence in court if it comes to it. Also, take care of 2 or 3 neighbors who will act as witnesses during the drafting of the act.
Upon the arrival of a company representative (or if he hasn’t appeared for some reason), start drawing up an act on the consequences of a flat bay. It contains the following data:
- immediately after the name, write the full address of the apartment,
- date of the act, in the format: date, month, year,
- list the entire commission. These are the neighbors invited as witnesses, you and, if there is, the person responsible for the damage and the representative of the managing organization. Do not forget to indicate his position,
- indicate what the act is about, list brief facts of the incident, describe the apartment,
- If the reason for the bay is established, then indicate it. If not, indicate the possible reason for the bay,
- now make up the narrative of the act. Describe traces of flooding (in which rooms, on which elements of the room (walls, ceiling, floors, etc.), indicating the intensity of smudges, stains, etc. You must list everything that suffered, describe in detail the equipment, furniture, flooring, etc.
Important! Be sure, at the beginning of the narrative write the phrase - "On the day of the survey, the commission found." The fact is that in 2-3 days, the consequences of flooding may not be revealed immediately. Then it will be necessary to supplement the act with new facts.
- Indicate that the act was made on the external examination. It is rather difficult to assess the real damage “by eye” and the act can only reflect the visible part of the damage done,
- if there is an opportunity, with the permission of the owner of the apartment where the water leak occurred, inspect the immediate location of the bay and describe in detail what it saw (wet floors, broken through part of the water supply system, etc.),
- if a photo or video was taken, indicate this in the act (preferably later print photo materials and sign photos with commissioners),
- all members of the commission must sign and indicate their full names. If the person responsible for the harm, refuses to sign the act, make a note about it.
Keep in mind that approximately the same content should be the act drawn up by the representative of the emergency service / management company.
Carefully follow the drafting of the act by the management company and make your comments on every controversial issue, because if the fault in the flood will fall on the management company, then its representatives will try in every way to distort and hide the discovered facts in order to avoid responsibility. This will have a detrimental effect on your claim for damages.
The management company is obliged to draw up an act within 12 hours after the call. If the act is not drawn up, then you need to arrive at the dispatch service at the management company and ask for a call log. If the call is not fixed, then ask for a note about this in the log. This must be done so that the management company does not shirk its responsibilities. And later she didn’t complain that there wasn’t a call at all and so on. In addition, you can be required to forfeit a call for not setting a call if the fault of your neighbor is not proved in court. For example, the court will refuse due to the absence of an act on the part of the Criminal Code, then you can recreate the whole chain of events: you did not record a departure, a representative of the Criminal Code did not leave, the act was not drawn up, etc.
After drawing up the act by the management company, immediately request one copy of the act for yourself. The availability of the statement and the document from the management company by you is not a superfluous measure. First, it will not allow the management company to distort the facts in the preparation of their act. Secondly, two acts in court with similar data, but different compilers will give your position greater confidence.
Peaceful solution to the problem
First you need to try to solve the problem with the world. This should begin to talk more in drawing up the act.
Most likely, any sane person would not flood the apartment of his neighbors from below with water. Therefore, there is always a chance to agree on damages without judicial intervention. 2-3 days after flooding, you need to meet with your neighbors for a thorough attempt at a peaceful solution to the problem. By this time, you will see all the damage that has been done and the amount of work needed to recover it.
If you are lucky and the neighbors are not against this option, you need to make a fixation of your agreements. Of course, there are cases when the perpetrator of the flooding immediately gives the necessary amount, but this happens very rarely.
- It is best to make a written agreement on damages and contact the notary where to do everything officially, regardless of the level of your relationship.
- To the promise to compensate all the damage caused, you need to attach an estimate with a list of necessary works, which must also be signed by the victim (you) and the culprit.
Thus, both parties will agree on the amount of work to be done.
Solving a problem through court
It can be a long and difficult process, and making a decision in your favor does not mean immediate payment of the required amount. Depending on the size of the amount, as well, despite five-day deadlineReally payments can be stretched over a long period of time, sometimes months. Take this into account when making a decision on filing a claim, as after its filing, the repair will not be possible due to the possibility of a retrial of the court case.
- The first thing to do at the preparatory stage is to call an independent expert to assess the damage. To do this, you can contact the Chamber of Commerce or other large organization of appraisers.
Without fail, the whole procedure of interaction with an expert should be official: with the signing of the contract, the issuance of a receipt for payment, the signing of an act of acceptance and transfer of work performed, and so on. In the future, the amount of the cost of expert services will be included in the total amount of damages.
- The time and date of arrival of the expert, you must notify the guilty party
To do this, you need to use a mail telegram, which is better to send 4-5 days before the scheduled date. If the guilty party did not appear at the time of drawing up the act, the corresponding mark is made about it.
When an expert examines a damaged apartment, try to point out to him all the damage noted, provide him for information the act of flooding, documents on furniture, household appliances, which have become unusable as a result of flooding. The more thoroughly the inspection is and the more fully the facts of the damage are reflected, the better for you. After receiving the finished act (appraiser's opinion), you can collect the remaining documents.
The document is in free form. Write to whom it is addressed and from whom, describe the events (date, addresses of apartments, etc.), the scale of the bay and the damage established. Offer to pay damages on a voluntary basis and warn that otherwise go to court. Hand over the claim against the owner of the apartment where the bay was from. Or send it to him by registered mail.
The defendant in the case will be the owner of the apartment where the bay was from. If tenants live in it, they are also attracted as co-respondents in a joint order.
The list of documents for the court
- The statement of claim in the number of copies for the court and the defendants.
- A copy of the act of the consequences of the Gulf apartment, drawn up by the commission on the day of the Gulf,
- A copy of your Bay Act,
- A copy of the estimated cost of repairs;
- A copy of the act, made by an independent expert,
- Copies of documents confirming the costs associated with the activities of the expert,
- Copies of documents confirming your ownership of the apartment,
- Copies of documents for damaged items (furniture, household appliances, etc.), if any,
- A copy of the claim and the document on its delivery to the respondent,
- Receipt of payment of state duty.
If the final amount required by you on the statement of claim does not exceed 50,000 rubles, such a case may be considered by the magistrate. When a larger amount of the claim is filed in the district / city court, on the territory of which the perpetrator’s apartment is located and yours (this is, naturally, one district).
If during the trial of the case, there is a re-flooding, you again draw up an inspection report, correct the estimate and submit the documents to the court to attach them to the main case.
Appeal to bailiffs
After the decision is made in your favor, you must file an application for the enforcement of a court decision. Для этого необходимо в приемный день придти в территориальный отдел службы судебных приставов, сдать туда исполнительный лист (который выдаст суд) и там же написать заявления о возбуждении исполнительного производства (в заявлении указывайте свои банковские реквизиты, куда должны поступить деньги по исполнительному листу).
Через несколько дней необходимо в службе судебных приставов нужно узнать телефон и Ф.И.О. пристава, который будет заниматься Вашим дело. He needs to constantly remind about himself (since they have a lot of cases in production and therefore such reminders will speed up the process of collecting money from the perpetrator).
Hello! Do you need to submit copies of the application with applications for the respondents immediately with the application to the court? Or can you bring them later, already to the meeting?
In accordance with the Code of Civil Procedure, a copy of the claim with applications is submitted simultaneously when applying to the court with a statement of claim. If this is not done, the claim will be left without movement, and if this deficiency is not eliminated, the application will be returned without consideration of the merits of the case.
Good evening. Four months ago, made repairs, recently noticed a stain on the wallpaper under the ceiling in the kitchen. It turned out in the apartment above in the toilet (the toilet next to the kitchen) oozing water from the sewer riser, more precisely the connection of the cast-iron pipe with embossing. Workers of the HOA have eliminated the leak, but now I have a fungus under the wallpaper and under the stretch ceiling, as the water has been flowing slowly and for a long time. Tell me please, who is to blame? A neighbor rents an apartment from above, refuses to pay damages. Can I sue?
The whole question rests on who owns the section of the pipe that gave the leak, that is, who will be responsible. Apparently, here is the HOA wine. You need to request from them the act of flooding, even after a certain time it can be required. In the act, among other things, you must necessarily reflect the consequences of flooding and the person responsible for this (the HOA or the owner). Request proof of repairs to eliminate leaks.
Especially responsibly approach the assessment of damage, be sure to raise before the expert (appraiser) the question of the occurrence and development of the fungus, that is, do not limit yourself to the need to repair visual traces of flooding.
Next, you need to hold all the activities to collect the remaining evidence for the court. Then you can go to court.
If it is not clear from the documents who is the actual cause of harm, then the claim should involve both defendants and the proprietor and the HOA at the same time. During the trial, it will be possible to decide who is really guilty, or the court, when making a decision, will bring the guilty person to civil liability and release the person who is not involved.
Hello! I bought an apartment and immediately called the local plumber from the TSZ so that he changed all that is needed before repairing the apartment. After looking at all the taps and taps, he said that the taps from the flocks and water meters needed to be replaced, everything else is in good condition (the house is 10 years old ) after the counters plastic pipes will go away. replacing the counters and taps (for money) he shut off the hot and cold water taps and removed the faucet from the bathroom as it dripped and I asked him to remove and turn off the water (water was taken from the toilet room, there is another riser) , he left. They arrived The bathroom and mixer (bought a new one) installed and opened the taps of the risers, checked their work, neither the mixer nor anything dripped from the bathroom. Installed in the evening, in the morning I was woken up by the same plumber and said that I poured my neighbors from below! We went to the bathroom at 5 in the morning, it was all right, opened the hatch for access to the risers and saw that after the hot water meter there was a connecting coupling to polypropylene and from the junction there is no large drops of water. I immediately told him that it was his fault, he replaced the meter and fastened it to the clutch. He declares that all that after the counter of the apartment owner wine! What is my fault please tell me? And what to do? Thank you in advance!
Affected neighbors can claim damages from you, because for them you are the guilty person.
But you can, in turn, shift the blame on the HOA, since the work was performed by their specialist on your order.
In order to prove these facts, it is now necessary to draw up documents (if they have not been drawn up to date) about calling a TSZH locksmith and about the work done. To do this, you can contact the HOA and ask for copies of the application for a plumber call and the act of his work.
In addition, you should request in the Homeowners Association an act of flooding, which will indicate the reason - inappropriate connection of the meter.
After you collect this evidence, you can force events.
First, you should organize a meeting with the owner of the flooded apartment and find out whether there will be complaints about you, if so, you need to hold a tripartite meeting with a representative of the HOA, where you can decide to resolve the issue of damages directly between the HOA and the owner of the flooded apartment. If this way the problem is not solved, then you need to wait for the actions of the landlord from below.
When he goes to court with a claim to you need to attract as a third party HOA. And in the case of a loss in court, immediately apply to a regress claim to the HOA. Thereby, you will be able to compensate all the costs of this incident.
Hello! Tell me what to do next. A neighbor is drowning us, a part of the wall is wet, the wall is adjacent to the bathroom, the bathroom has a wet wall and a ceiling joint at the joints of the floor slabs is wet and is growing, the management company has made an inspection report, but the neighbor has not yet entered into an agreement with the Criminal Code. The new house was commissioned in May 2015. She talked to a neighbor, she said that she wouldn’t open anything, she wouldn’t break anything, but everything was wet and then the fungus could start.
Now in writing, contact the Criminal Code with the requirement of shutting off the riser, as in an emergency. In the application for disconnection, write that the act established the fact of flooding, but the problem persists, as the scale of the consequences continues to increase. Also require additional measures, including technical ones.
In the presence of witnesses (neighbors, etc.) and representatives of the Criminal Code, contact a neighbor to jointly inspect her apartment and demand that she take urgent measures to prevent flooding of your home.
Now the most important thing is that the inspection report drawn up by the Criminal Code should have a clear indication of the cause of the flood and the scope of consequences. Such an act will be of great force if a neighbor is included in the composition of the persons present during the examination and examination, and during the examination it was checked how your premises were located. Therefore, the act should reflect that a neighbor was invited, but, for example, refused to participate, and also that the commission tried to go to her apartment, but the neighbor did not let her.
To confirm the fact of increasing the area of moisture distribution, ask the Criminal Code to conduct a re-examination.
Next, do not hesitate to assess the damage by the appraisal company and write a lawsuit to the court.
About the mold. Yes, this situation is not pleasant, but there are services for its removal. This service should also be carried out at the expense of the neighbor. Therefore, you should record the fact of the duration of the flooding (that is, repeated examination). Subsequently, all costs can be recovered from it.
Hello! Neighbors flooded the apartment above when she was at work. At home there was a pensioner mother, a disabled person of the 2nd group. As much as I began to eliminate the consequences of telling me. On the way home, informed the manager of the company. Mother hardly climbed to the top, but the neighbors did not open, after which the bell was disconnected. The management company sent an engineer. He looked, went to meet. Who should write the act, the amount of damage?
The act must be drawn up by an authorized representative of the management company (housing department, TSZH, etc.), indicating who was injured, as a result of which (the cause of the accident), who bears booker, operational responsibility, location of flooding, what property (equipment, repair elements, etc.) suffered who owns this property. When drawing up an act, at least the guilty and injured parties should be present (a representative of the management company should take measures to participate), during the event it is desirable to inspect both the flooded and the flooded apartments.
After that, a damage assessment can be organized by entrusting this task to a professional appraiser. The assessment is made on the basis of (using materials / data) of the act.
Therefore, an act should be required, just insist on it, up to the presentation of a written request. In the case of ignoring, you need to contact an expert institution of the appropriate profile, for example, at the Chamber of Commerce. And subsequently, with the housing department and the culprit to recover the costs of such an expert opinion.
within what time frame should the service organization draw up a report on flooding, if it is a day off.
The act must be drafted immediately, that is, approximately within 12 hours after calling the emergency dispatch service, regardless of the day of the week.
Hello! you write that the act should be drawn up immediately, but the management company told me when the master would have time then he would do it, insisted on the deadlines, they were obliged to answer within a month. And another question is that a tenant lives in a flood-in apartment, to whom should he cause damage?
in paragraph 152 of the Government of the Russian Federation No. 354 of 06/06/2011 it is indicated that after calling the emergency dispatch service (no matter whether the service was called or not, it is just a matter of reference dates) the act should be drawn up by the managing organization within 12 hours .
No matter the tenant or other person lives in the apartment, the damage is first of all presented to the owner. Others may be brought in (this is desirable) by additional respondents or third parties, depending on the situation.
If a neighbor has 50 thousand a year, you will live in drains of sewers on the walls constantly in a state of repair.
Good day! We bought an apartment, after which we began to make major repairs. When replacing the sewer riser in the kitchen, they found a leak on the tee of the apartment riser on the floor above. And on the ceiling there are characteristic spots. The neighbors have made repairs above and do not even want to talk about replacing the tee on their part. Our repairmen can try to replace the tee, without visiting the neighbors' apartment, but they do not give any guarantees that it will be sealed. How to be?
You should contact the management company to conduct an inspection and identify the true cause of the formation of stains, identify the perpetrators. Further it is necessary to demand drawing up an act. If the guilty party turns out to be neighbors from above, then they can be served (sent) a claim for damage, let's say, of a preliminary nature, more like a threat claim than a real requirement. And then to hold a second dialogue in which to inform you that they can spend the money that is your damage to replace the flowing highway. At the same time, appeal to the fact that in the near future you will have to carry out costly repairs and the amount of possible damage if you do not solve the problem will increase significantly.
As a matter of fact, you should work with your neighbors, other options, including the repair of a tee from your apartment, can lead to the fact that in the case of a trial, the neighbors who are guilty can say that you have carried out unqualified repairs, which led to leaks and most, will disclaim responsibility.
Hello! I was flooded neighbors from the top. Making repairs ripped off the heating pipe. They refuse to contact and peacefully resolve the problem. The apartment belongs to my father, I just live in it. The father of the trucker, he has no opportunity to come and fall on them in court. What to do and how to solve this issue? Can I myself fall to court?
Hello Christina! Simple living is not enough to resolve property damage issues. Only the owner is authorized for this. But you can deal with this problem on your own if the father issues a power of attorney certified by a notary for litigation, resolution of pre-trial disputes and complaint procedures. Being a truck driver is not so difficult to do. It is possible to issue a power of attorney on the way in any settlement at any notary and immediately send it to you by mail. Having received such power of attorney, you will be able to use all the powers of the owner in solving this problem, which is resolved in standard ways.
Hello, we have been drowned by our neighbors from above, for already 2 weeks, the fact is that 2 apartments, both adjacent bathrooms, are called in question, they called emergency services, they did not find anything dry in any of the apartments above, naturally the neighbors from above say that they are not and refer to their neighbors nearby. And in the meantime, we have a growing stain from flooding, what to do if the emergency service cannot find the cause of flooding, neighbors from the top break their bathrooms and look for the reason to refuse, what should we do in such a situation !? thank
Hello, please tell me in what time the Criminal Code should make an estimate of flooding (due to the fault of the Criminal Code)? We were flooded on April 4th. Exactly 10 days after we filed an application, their employees came to the Criminal Code, inspected the place of the slip, left, told to send the result by mail. A letter arrived in the mail, in which it was said that they had eliminated the flow and that was all. Damage is not identified. There is no mention of any damage compensation, everything is in the style of our Criminal Code. I want to know. after what time to sue them. And please send a link to the article. Thank you in advance.
There are no strict deadlines. The legislator provides for so-called reasonable deadlines.
In this regard, you should build on the answer received, in which the Criminal Code does not answer many important questions (neither about fault, nor about the cost of damage, nor about the timeframe for elimination of the consequences of a leak, etc.).
Therefore, you can now write a claim-notification. Specify in it that you invite representatives of the Criminal Code of the Russian Federation to conduct activities to assess the cost of damage (of course, you should first agree with an independent appraiser on the date of the inspection, and even better, notify the appraiser), and also request technical measures to eliminate the source leaks, etc.
That is, you can already act in preparation for the court case, namely, to calculate the damage. After a proper assessment, you can notify the Criminal Code of the value of the established damage and demand voluntary compensation.
In the absence of steps to meet with the Criminal Code, you can file a lawsuit in court.
Arriving after the weekend in the kitchen in the corner on the ceiling and walls found yellow spots, smudges, paint hanging flakes. I invited a neighbor from the top to show what happened, he said that nothing ran away from them, she invited a plumber from an HOA. Having done an inspection of the neighbors from above, the plumber said that he had leaked the standpipe of the neighbors, most likely they were reworking something. He said that tomorrow an engineer will come and draw up an act. Sogodnya engineer called and asked the neighbors at home or not, I went but there was no one. From lunch, the neighbors appeared, I called the HOA and told the engineer, he said that he would be fine in 10 minutes, but he did not appear. What should I do next?
Judging by the event, there is an ordinary human factor and the workload of the management company.
In this situation, the most rational way is to show perseverance and insist on the turnout of the engineer and drawing up an act (fixing the fact of flooding). To do this, you should call the Criminal Code. If there is no reasonable response, call not the engineers, but the manager with an oral complaint.
If, for some reason, you cannot get the problem off the ground, then you need to write a written complaint to the head of the HOA (CC) head, where you can indicate the incident that has occurred and that the CC has failed to fulfill its obligations. Be sure to end at the end with the requirement to immediately eliminate the inadequate provision of public services and urge to properly record the traces of flooding, identify the perpetrators and determine the list of property affected by the negative impact. The specified letter is handed to the Secretary of the HOA for receipt or send by registered mail with notification to the head of the HOA.
Hello! I am always interested in many similar questions in the passive position of the perpetrators, which is not rare, that is, they do not open the door, do not go for a visit, etc. This is my case now. How in such a situation to determine for the court of the defendant - in addition to the address, you need a full name and know who the owner or employer is (and this is the protection of personal data ...)? Thank you in advance!
The Personal Data Protection Act does not apply to cases of legal proceedings (this is one of the exceptions).
Yes, at the initial stage for the plaintiff this constitutes a problem. So how exactly should he establish the full name, the legal attitude to the apartment of the perpetrator of the potential defendant. As a rule, it is enough to obtain information about the name of the owner or any holder of rights or even the tenant of the apartment in the management company. The address, accordingly, is known and this is enough for going to court.
Further, during the trial, you can apply for accurate and complete information about the owner, registered persons, etc., to the relevant authorities at the court request (often the court itself takes the initiative in clarifying these issues). При получении ответов из компетентных учреждений можно корректировать позицию в суде (привлекать дополнительных ответчиков, исключать ненадлежащих и пр.).
Нас уже на протяжении года с периодичностью в неделю топят соседи сверху. Water flows in the bathroom right on the light bulb, a huge stain has already formed on the ceiling that does not dry out. Accordingly, we can neither wash nor wash properly, we are afraid that there will be a short circuit. But for the last time they flooded so that not only the bathroom suffered, but also the corridor and the kitchen. We have an old repair (over 5 years), when an engineer from the Criminal Code came in and said that it does not make sense to sue. repair is old and no one will pay us. In the apartment above it is not clear who lives, the owner can not find to solve this problem. Please tell me what to do?
You correctly raise the question of the threat to life and health.
Once again, you should require the engineer to fix the fact of damage in your apartment, that is, indicate which elements of the decoration suffered, and also indicate which communications and engineering equipment are subject to negative factors and how this may affect their performance.
Next, you should call the fire service to assess the fire risk of the situation and ask to write out a prescription to the management company and the owner allowing flooding to eliminate the causes of the fire hazard.
You can call (write a statement) Rospotrebnadzor with the question of mold formation, rotting processes due to the presence of moisture and dampness. And also ask for the issuance of instructions of the Criminal Code and the perpetrators.
In the event of damage, you can go to court with a claim, even if the amount of compensation will be insignificant.
After collecting a few facts, you can contact the municipality (Committee on Property, Housing, etc.) with a statement about taking measures to the owner to end the ownerless attitude to housing and stop violating the rights of neighbors. You can insist (if there are no results from the warnings) against the municipality’s appeal to the unfortunate owner to withdraw housing from the property (selling the apartment from the auction).
If the municipality is inactive, you should contact the prosecutor's office with a complaint.
Tell me where in Almaty you can order an examination on flooding.
What to do to stop flooding?
- You must go to the neighbors and report a leak. The most common cause of flooding becomes a faucet above the sink with a spigot, overflowing bath, broken washing machine. If neighbors are at home, the problem will be eliminated.
- At home, turn off electrical appliances by pulling plugs out of electrical outlets. It would be better to turn off the switch in the electrical panel.
- If there are no neighbors, then it is necessary to turn off the water in the entire entrance. As a rule, the keys to the basement is in the management organization.
- Next, you need to call the management company and call its representatives to draw up an act of flooding.
- The furniture in the apartment should be hidden under the oilcloth, so that the damage was less. After that you can start wiping water. Containers should be placed under the leak.
- Moscow and region: +7-499-350-97-04
- St. Petersburg and the region: +7-812-309-87-91
- Federal: +7-800-511-69-34
How to witness the damage?
- The first thing to do is photos and videos containing information about the damage caused. In the future, these materials can serve as evidence in court proceedings.
- The second important action is to draw up an act of flooding. This document is made in writing with the participation of the commission, which includes residents of the house and representatives of the management organization. The act is drawn up in two copies, one of them remains with the owner of the affected premises.
How to draw up an act of flooding the apartment?
If you invited employees of the management company, but they did not come, an act should be drawn up without their participation. Enough to attract residents of the house as witnesses. Without an act of flooding to resolve the issue of damages in court will not work. The fact that the representatives of the management organization are absent in the preparation of the act, you need to mention it.
It is better that the perpetrator of flooding also participated in the preparation of the act. This will help to avoid disagreements about the presence of those or other damage and their scale. If he refuses to be present at the drafting of the act, it is necessary to mark it in it.
The act should include the following information:
- date and time of flooding,
- the cause of flooding (for example, damage to plumbing equipment, negligence of neighbors, negligence of the management company, and so on),
- a list of damage to property (damaged wallpaper and floor covering, furniture and home appliances, etc.).
Below you can download a free sample of the apartment flooding act.
You must carefully check the contents of the act. It must contain the address of the victim and the culprit, the date, must be signed by the commission and the owner of the flooded dwelling.
In the event of significant damage, it is advisable to resort to the services of an appraiser. He should also be called on the day of the accident. This is a paid service, but in resolving a dispute in court, the costs of conducting an assessment can be recovered from the perpetrator of the flood.
Choosing an appraiser, you should opt for an organization with a license and a positive reputation. The assessment will be as reliable as possible if the landlord still has checks from the purchase of damaged property.
Pre-trial dispute resolution
The first thing to do is to try to resolve the conflict with your neighbors peacefully. To do this, you need to contact them personally, or send a written claim. In this case, it is necessary to provide the neighbors with sufficient evidence of how much the repair will cost.
Most likely, the perpetrator of the Gulf will agree to a peaceful resolution of the issue, especially if he is reminded that in the case of a trial in court he will have to compensate not only the damage caused, but also court costs (lawyer services, examination).
When the neighbors pay off, write them a receipt that you received money from them and you no longer have any complaints.
Compensation for damage caused by flooding in court
If the perpetrator did not want to voluntarily satisfy the demands of the injured party, then such a dispute can be resolved by going to court.
To which court you need to file an application depends on the amount of damages collected. If we are talking about an amount of up to 50,000 rubles, this is a matter of jurisdiction for the world court, but if the amount is greater, then it is for the district court.
The statement of claim for damages must comply with the requirements of the Code of Civil Procedure of the Russian Federation.
Attach the following documents to the claim:
- a document confirming the rights of the owner in respect of the dwelling,
- act of flooding,
- photos of the apartment with damage
- conclusion of the amount of damage
- a claim against the perpetrator of the flooding, if she went to him.
A copy of the claim with attachments must be sent to the respondent.
A thorough examination of the issue does not always guarantee a positive outcome.. On our site you can is free get the most detailed advice on your question from our lawyers via the online form or by phone in Moscow (+7-499-350-97-04) and St. Petersburg (+7-812-309-87-91).
As a rule, the claims of the plaintiffs for the compensation of the actual damage caused by the flooding are fully satisfied.
Along with claims for damages to material damage, claims for compensation for non-pecuniary damage can also be stated. For this, it will be necessary to prove to the court that the flooding of the apartment caused the plaintiff moral or physical suffering. Even if such claims are met by the court, the amounts to be recovered are usually small (about 3,000 - 7,000 rubles).
Until the court makes a decision, it is not necessary to do repairs in the apartment.
The court may invite the parties to enter into a settlement. The essence of it is that the owner of the damaged apartment will lower the size of the stated requirements, and the perpetrator of the flooding will voluntarily compensate for the damage. To enter into it or not is the right of the claimant, however, if there is doubt that the defendant will pay the money, it is better not to conclude it. Sometimes it is better to immediately agree to the proposed amount, although it is less desirable, but you can get it immediately, while waiting for the execution of the court decision can be for years, even with the participation of bailiffs.