How to file a claim for flooding of an apartment by neighbors?

Why you need to file a claim with the management company or neighbors

A sample pre-trial claim for flooding an apartment can be downloaded in the “Documents and Forms” section at the beginning of the article.
As a general rule, the pre-trial procedure for resolving disputes regarding the flooding of apartments is not provided for by law as mandatory. However, it is recommended that you first file your claim with the at-fault party. The fact is that a written, substantiated claim will increase the chance of receiving money as quickly as possible. Realizing that you will still have to pay, the culprit will most likely fulfill the demands. The trial will last at least 2 months, and even longer if a forensic examination is ordered.

Why else should you file a claim?

1. Sometimes, in an agreement on the management of an apartment building, the claim procedure is defined as mandatory. This document is posted on the website of the management organization and on the Housing and Communal Services Reform portal. If the agreement is not available on the Internet, utility companies are required to provide a copy to the apartment owner upon application.
2. The management company is subject to the Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1. When managing an apartment building, the management organization is responsible to the owners of the premises for the proper maintenance of the common property in this building. If the apartment is flooded as a result of improper maintenance of the common property of the apartment building by the management organization, the owner of the apartment has the right to file a claim with it demanding compensation for the damage caused. For untimely satisfaction of a claim, utility companies will be required to pay a fine in your favor in the amount of 50% of the amount that will be collected by the court (Clause 6, Article 13 of the PZPP). It turns out that writing a claim and then voluntarily dissatisfying it will increase the amount of money you receive after successfully resolving the case in court. But keep in mind that this only applies to cases where the culprit of the flood is the management company or the HOA.

In the event that there is no hope for voluntary compensation (for example, the culprits are neighbors who lead an antisocial lifestyle and do not make contact), it is advisable for the owner of the property affected by the flood to immediately go to court.

Why do you need a pre-trial statement?

A claim is a document with which you can peacefully resolve a conflict. According to the Civil Code of the Russian Federation, a dispute between citizens or legal entities must be resolved through a claim or other pre-trial procedure .
This form of document allows for a peaceful resolution of the conflict, which will be more favorable than litigation. Only the owner of the apartment or an authorized person can file a claim. If you do not file a claim, the problem will not go away, and the cost of repairing the damaged property will be the responsibility of the apartment owner.

You can skip the stage of filing a claim only if you are sure that your neighbors will compensate for the damage. A written claim guarantees that the person responsible for the flood will bear responsibility for the damages caused.

If the flooding occurred due to the fault of the management organization, a written statement gives a chance for compensation for damage.

Filing a claim has its advantages:

• There is no need to pay state fees and other expenses in court.
• Guarantee of compensation for losses within a specified period.
• Save time without going to court.

Even if you don't get a response, there are benefits.:

• Having a statement will be your advantage in court.
• In addition to fulfilling your conditions, the court may impose an additional fine on the management organization for ignoring the possibility of a peaceful resolution of the conflict. However, it is illegal to demand a fine from neighbors.

Advantages

• There is no need to pay state fees in court or bear other expenses required by court proceedings.
• Saving time during pre-trial conflict resolution.
• Having a claim is an advantage for the victim in court if the guilty party refuses to voluntarily compensate for losses.

The question of the advisability of writing a document is considered individually. If the culprits of the flooding are neighbors leading an immoral lifestyle, then you should not waste time on compiling it. In such cases, it is recommended to immediately go to court.

Steps to take before filing a flood claim

If the flooding is not confirmed by documents, recovery of damages will be difficult and sometimes impossible. Before filing a claim, it is necessary to collect evidence.

Evidence needed:

1. The fact of the flood, the occurrence of damage and guilt in the incident. To do this, immediately after flooding is detected, representatives of the organization managing the house (management company or HOA) are called, a flood report is drawn up indicating its cause and the culprit, and detailed photographs of the damage are taken.
2. Amount of damage. It can be confirmed by an independent assessment.
3. The fact of incurring additional costs in connection with the bay, as well as their size. Confirmation will be contracts, receipts, checks, etc.

Even if the fact of the flood was not discovered immediately (for example, the owner was absent from home for a long time), it is still necessary to call representatives of the management organization to draw up a report. There is no statute of limitations for the situation described.

Who to send a pre-trial claim for the Gulf

In a situation with a flood in an apartment, a pre-trial claim will be useful in several cases. Most likely, before preparing such a document, it is better to conduct an independent examination that will show the objective amount of damage. Then the numbers in the application to the housing office about the flooding of the apartment or the appeal to the neighbors will be supported by the expert’s conclusions.

Find out who is to blame

In a situation with a flood in an apartment, first of all it is necessary to deal with the culprit.

• If the flood occurred due to damage to the pipes after the inlet valve, then most likely the culprit is the neighbors.
• If water flowed from pipes to the inlet tap, from interpanel communications, from heating pipes and radiators, or from the roof, then most likely this is a problem with the management organization.

Dispute with the management organization

If the problem is with the management organization, then there is interaction between an individual and a legal entity. Practice shows that the management company will most likely refuse to compensate for damages even for a pre-trial claim, but we still recommend writing it. We take a sample application for apartment flooding from the housing office or management company, rewrite it to suit your situation and send it to the company’s legal address by registered mail.

Dispute with neighbor

Between individuals, a claim regarding the flooding of an apartment is written according to a similar template. The main thing is to indicate the arguments - why you indicate this particular amount in the claim, on what basis you are demanding compensation from your neighbors for damages from the flooding of the apartment.

To the landlord

If the culprit behind the flooding of the apartment is not the owner, the flooding complaint should be sent to the landlord.

In the complaint, the owner of the residential premises must indicate:

• Details of the landlord, property owner.
• General points of complaint.

Sample complaint to neighbors who flooded the apartment

You need to start writing a claim after you understand who is responsible for the flood.

To whom should the complaint be addressed?

If the culprits are neighbors, then the claim for flooding of the apartment due to the fault of the neighbors should be addressed to the owner of the property, and not to other persons living there on a commercial or free basis (for example, a tenant under a commercial lease agreement). If we are talking about a citizen who lives on social rent, then he will be responsible for the flood, i.e. the claim must be sent to him.

You can find out who the owner is through the management organization. If for some reason this is not possible, Rosreestr has reliable information about this. On the department’s website you can order an online extract from the Unified State Register (USRN is a paid service).

If the management company is at fault, then the claim is sent to the address of its location, or transferred to one of the employees against signature.

Contents of the claim

Here is an approximate structure of a claim addressed to neighbors:

1. Document header. It consists of the full name, address and contacts of the owner of the affected apartment, as well as the full name and address of the owner of the apartment from which the flooding occurred, or data from the management organization if the flood occurred through its fault.
2. Main part. It sets out the facts with supporting documents, as well as legal norms justifying the requirements. Thus, the obligation of the culprit to compensate for the damage caused to the property of a citizen is provided for in paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation.
3. The pleading part. Here you should set out specific requirements for the culprit.
4. List of documents attached to the claim. These are documents that substantiate the requirements: photographs, a flood report, an assessment report, checks, receipts, etc.
5. The writing is completed by affixing the signature of the owner of the affected apartment and the date of drawing up the document.

A deadline for responding to a complaint should also be set, and it should be reasonable (for example, 10 calendar days). If the claim is written to the management organization, it should be taken into account that the deadline for reviewing the document may be established by the management agreement - then this is what is indicated.

Victim's requirements

The claim may contain more than just claims for reimbursement of expenses. The victim can independently choose the type of compensation.

Types of compensation Comment

What can be demanded from the culprit of the flood?

The owner of an apartment damaged by the flood may demand compensation for:

1. Material damage. This will be the amount indicated in the appraisal report as the cost of repair and restoration work.
2. Costs of conducting an independent assessment. Costs must be confirmed by an agreement for the provision of appraisal services and a payment document (receipt, check, etc.).
3. Costs for legal services (drawing up a claim). The evidence here is an agreement on the provision of relevant services and a payment document.
4. Other expenses. For example, to notify the culprit about the upcoming assessment or to prepare a technical plan, floor plan and explication (if this was required for the assessment). All such expenses must also be supported by proof of payment.

A claim for flooding of an apartment, if it is addressed to the management organization, can include a claim for compensation for moral damage. In relations with the management company, the owner acts as a consumer, whose right to such compensation is provided for in Art. 15 ZPPP. In other cases, you should not count on compensation, no matter how great the damage to property. Courts usually refuse to collect it in this category of cases.

What amount of damage should be included in the claim?

Many owners whose apartments were damaged by the flood do not know how to calculate the amount of damage. It is not possible to determine “by eye” how much it will cost to repair a room or restore damaged furniture or household appliances. It is recommended to invite a specialist who is competent in these matters.

The assessment of the apartment after the flood is carried out by independent appraisers. These can be either representatives of private appraisal companies or experts providing services privately.

Who calculates the amount of compensation?

Despite regulations obliging service organizations to assess the amount of compensation, they refuse to assume such responsibility and refer victims to appraisers who meet the following requirements:

• Are members of the SRO of appraisers
• Have a specialized higher education or professional retraining
• Insured for more than RUR 300,000
• Have a qualification certificate for the assessment of movable and immovable property

Example of an apartment inspection report

Act No.

inspection of the apartment located at:__________________________

Based on: application input. No. ___, dd.mm.yyyy, from citizen A.A. Ivanov, who is the legal owner of the apartment

Composition of the commission: chairman of the commission (head of the management company) O.F. Petrov, foreman A.N. Semenova, chief engineer

1. Inspection carried out: (facility address)
2. The apartment inspected is located: (entrance, floor, number of rooms, ownership)
3. Presence of debt for utilities: ____________
4. Availability of an insurance policy for the apartment or property located in it: _________
5. Condition of the apartment inside: (assessment of condition and date of last renovation)
6. Was there any redevelopment: _______________
7. During the inspection of the residential premises it was discovered:
8. the ceiling is suspended, completely damaged;
9. There are vinyl wallpapers on the walls, a third of them have peeled off,
10. there are large stains and stains after flooding;
11. windows – wooden, no damage found;
12. the floor is laminate, there is minor damage in the corner of the room;
13. doors - PVC, no damage found.
14. the ceiling is whitewashed, traces of flooding are visible, there are significant
15. damage in the form of whitewash detachment and yellow spots;
16. walls – tiles, no damage found;
17. floor – tiles, not damaged;
18. the doors are wooden, noticeably deformed at the bottom due to swelling
19. During the inspection, it was revealed that the washing machine of the company ____, manufacturer _____, year of manufacture ___, was out of order.
20. As a result of the flooding, the following were also damaged: a cabinet in the bathroom (the door was swollen), a closet in the hallway (the top of the product and the right side part were damaged).
21. Flood detection time: (date and time)

Measures were taken to eliminate the cause of the flooding: blocking the riser on the day of the incident and completely replacing it two days after blocking (dd.mm.yyyy replacement of the riser)

Commission conclusion: as a result of the examination, it was discovered that the cause of the flood was a malfunction of water supply communications

Act No._ was issued based on the results of the external inspection

Ivanov A.A. (victim) — __________

Nikolaenko E.V. (guilty) - __________

Petrov O.F. — _________

Semenova A.N. — _______

Fedorov I.A. — __________

Acquainted with the apartment inspection report No.: Ivanov A.A. — __________ (signature of the victim)

Dispute resolution through court

If it was not possible to obtain compensation from the perpetrator of the flood in pre-trial proceedings, the dispute is transferred to court.

The flood claim will serve as one of the evidence :

• Unfair behavior of a neighbor;
• Failure to fulfill obligations by the management company;
• The defendant's guilt;
• Suspension of limitation periods.

Documentary evidence of the behavior of the culprit, who refused voluntary compensation for damage, tips the scales at trial not in favor of the defendant. For the management company, such evidence is the basis, as indicated above, for charging a penalty.

During the correspondence, when responding to a flood claim (the sample and rules for its preparation are discussed above), the defendant can send letters . In them, he can fully or partially admit guilt, which will be additional evidence in court.

If the perpetrator agrees in response letters to compensate for the damage caused, this fact is the basis for suspending the limitation period.

Understanding the further consequences and possibilities of using the document in question in court places special demands on it. It is better to look at examples of their preparation from legal experts.

Required documents

When submitting a claim, the following documents must be attached:

• Act on the bay of the apartment.
• Documents confirming the rights to the apartment.
• Results of an independent assessment of damage (if any).
• Cost estimates for repairs and services of lawyers, appraisers: contracts, checks.

Our specialists have prepared information for you on what to do if the basement or entrance is flooded and the roof is leaking, how to write and submit an application to the housing office about flooding of an apartment, as well as how to take out property insurance against flooding.

If ignored

If a citizen or company involved in property damage has ignored the claim or refused to fulfill the requirements, it is necessary to prepare a claim in court.

As practice shows, a claim for damages is filed in most cases of property damage. Since the judicial process requires more time and costs, filing a complaint can contribute to an amicable pre-trial settlement of the dispute. If an agreement cannot be reached, the claim will become one of the evidence in a civil case in court.

Peaceful resolution of the situation

After first taking steps to protect against damage and control water leakage, the next step is to document the flood. The best thing to do is take pictures of what has been damaged. In addition, you need to prepare a damage report in the presence of the person providing the housing office or HOA.

In any situation, peaceful resolution of conflicts before trial is much better than litigation. First, you need to file a statement with the housing office about flooding or a claim to the management company for damages.

A peace agreement has the following benefits:

• no need to spend money on a claim for flooding of an apartment in the form of a state fee;
• time and effort are significantly saved, because many weeks, and often months, will have to be spent on court proceedings.

According to Article 154 of the Code of Civil Procedure of the Russian Federation, disputes over flooding of an apartment can last up to two months. The person responsible for the flood is obliged to immediately inform the victims about the situation. When the incident occurred in the absence of the perpetrator, the claim to the management company is sent by registered mail. Victims must show the results of the flooding so that the culprit realizes the extent and makes compensation for the damage.

In practice, the most common way to resolve controversial cases of flooding an apartment is to draw up a bilateral agreement on voluntary repayment of the damage incurred. In such a document you need to reproduce the following information:

• the fact of flooding of the premises and the reasons for this;
• a list of damaged property and its value;
• the date of the flood;
• date and signature of the parties.

All this is necessary to record voluntary consent to compensation for losses that occurred due to flooding of housing. It is recommended to establish a time frame within which the culprit must compensate for losses.