How can a legal entity file a claim for damages?

In what cases should I write

Emerging controversial situations within the modern legal system require confirmation of legal actions.
Having agreed on the supply (sale) of goods or provision of services, the parties intend to fulfill their obligations. When failure to fulfill legal obligations violates the rights of the other party, it is necessary to submit a written demand - a claim. In practice, a claim is called a pre-trial notice, complaint, or demand. The title indicates a brief topic of the appeal, for example, a claim for recovery of material damage from an employee: the legal status does not change depending on this. You can send an appeal to your counterparty even without a designation, because the main goal is to convey the requirements and point out the violated rights. From the moment a claim is filed, the stage of pre-trial settlement begins, so it is important to draw up a legally correct document in order to use it in court in the future. Complaints are filed in disputes in labor, civil, administrative and other legal relations.

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.

More information on how to sue your neighbors in connection with the bay is described in this article.

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.

How to make a claim

The law does not establish mandatory requirements for the content of claims, but judicial practice indicates the need to comply with certain conditions, the presence of which affects the dispute process. If your dispute arose from an agreement that does not provide for a complaint form and mandatory requirements for it, then we recommend that you adhere to the drafting in accordance with the following structure.

1. Introductory part: describe the reasons for the dispute; characterize the contractual relations between the parties; list what actions were taken by the parties to the disputed agreement; indicate the addresses and contact details of the parties.
2. Reasoning part: refer to the legal norms that, in your opinion, the counterparty violated; make references to clauses of the contract that are not respected.
3. Final part: formulate your demand to the counterparty for financial or material compensation; it will be more convincing if the claim for damage to the property of a legal entity contains an estimate of losses; fix the period during which the other party must fulfill your conditions; indicate your right to go to court if demands are ignored; put your signature, date and seal (if its presence is provided for by the charter).

When writing, adhere to a formal business style. Avoid phrases with emotional connotations. Try to formulate the requirements in such a way that the entire letter is no more than two A4 pages.

The claim refers to documents that are expected to be used in court in the event of an escalation of the dispute. In this regard, we recommend sending supporting documents that the counterparty does not have. This action will bring clarity to the dispute and help lead to a settlement at the pre-trial stage.

IMPORTANT!

We recommend that you always send along with your complaint a document confirming the authority of the signatory (power of attorney, order of appointment to a position). This will eliminate the risk of an appeal against you in court with the fact that the letter was signed by a person who does not have the appropriate authority to do so, so the pre-trial procedure may be considered not to have been followed.

Pre-trial claim for apartment flooding

A pre-trial claim for flooding of an apartment is not mandatory, but in some cases filing it can significantly speed up the receipt of compensation for flooding. The article further describes in detail when such a claim may be required, what actions should precede its filing, and how to correctly draw up and submit it.

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

Contrary to popular belief, the pre-trial procedure for resolving disputes regarding the flooding of apartments is not provided for by law as mandatory. However, if the management company is to blame for the flooding of the apartment, then it is recommended to first send a claim to it.

Why is this desirable:

— Usually, in an agreement on the management of an apartment building, the claims procedure is defined as mandatory. The draft of 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 issue a copy of the document to the owner upon application. — The management company is subject to the Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1 (hereinafter referred to as the Law on Protection of Consumer Rights). This means that for untimely satisfaction of a claim, utility companies will be required to pay the state a fine in the amount of 50% of the amount that will be collected by the court (Clause 6, Article 13 of the Law of the Law).

In addition, even if the culprit of the flood is the HOA or a neighbor and a claim procedure is not necessary, 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.

However, if there is no hope for voluntary compensation (for example, the culprits are neighbors leading an antisocial lifestyle and not making contact), it is advisable for the owner of the property affected by the flood to immediately go to court.

Steps to take before filing a flood claim

If the flooding is not confirmed by documents, recovery of damage becomes difficult and sometimes impossible. Before filing a claim, you must make sure that the demands presented to the perpetrator of the flood are justified.

They will be justified if there is evidence:

— 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. - Amount of damage. It can be confirmed by an independent assessment. — The fact of incurring additional expenses in connection with the bay, as well as their size. Here the 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.

Structure of a claim against neighbors who flooded an apartment

The law does not provide for any special requirements for a claim for flooding of an apartment, regardless of who its addressee will be. It is compiled in any form.

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

— 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. - 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. - The pleading part. Here you should set out specific requirements for the culprit. — List of copies of documents attached to the claim. These are documents that substantiate the requirements: photographs, a flood report, an assessment report, checks, receipts, etc.

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.

To whom should the complaint be addressed?

A claim for flooding of an apartment due to the fault of 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).

What can be demanded from the person through whose fault the flood occurred?

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

- Material damage. This will be the amount indicated in the appraisal report as the cost of repair and restoration work. — 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.). — Costs of legal services (drawing up a claim). The evidence here is an agreement on the provision of relevant services and a payment document. — 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.

How to properly file a claim

The claim must be submitted in such a way that evidence of its sending is preserved. There are 2 options for this:

— Sending a claim by mail. The letter must be registered with a notification and a list of attachments. The inventory should indicate that the envelope contains a claim for flooding of the apartment. In addition, you need to keep a copy of the document (for the court). — Transfer of the claim against receipt. If we are talking about a claim for flooding of an apartment of the management company, you should hand over the document to its representative, if about a claim against neighbors - the owner of the property. In this case, you must also prepare a copy of the document, on which the receiving person will put a stamp of receipt indicating the full name, date and signature.

It is advisable to enter into a written agreement with the culprit who has agreed to avoid trial, which will record all agreements. It can provide:

— method of compensation for damage (repair or payment of money); — procedure and period of compensation; - any other conditions at the discretion of the parties (for example, an indication that if compensation is delayed, the injured party retains the right to go to court).

In this case, notarization of the document is not required.

Thus, if the injured party took care of the proper execution of documents confirming the fact and circumstances of the flooding of the apartment, and also did not inflate the amount of damage, the likelihood of voluntary compensation is quite high. A sample claim for apartment flooding will help you draw up a document quickly and competently.

Sample pre-trial claim for flooding an apartment

Pavel Viktorovich Kukushkin address: Moscow, st. Zaporizhskaya, 34, apt. 72

from Kotelnikov Sergei Alexandrovich address: Moscow, st. Zaporizhskaya, 34, apt. 68 phone

Claim for compensation for damage caused by flooding of an apartment

I, Kotelnikov Sergey Aleksandrovich, am the owner of an apartment located at the address: Moscow, st. Zaporizhskaya, 34, apt. 68, which is confirmed by an extract from the Unified State Register of Real Estate dated November 12, 2017.

On November 24, 2018, the said apartment was flooded with hot water from the apartment No. 72 located above, the owner of which is Pavel Viktorovich Kukushkin.

On November 24, 2018, a commission consisting of the head of the site, the leading engineer for the operation of the apartment building of the State Budgetary Institution Zhilishchnik, drew up a report stating that during the inspection of apartment No. 68 the following was revealed: in a room with an area of ​​17 sq. m - swelling of parquet on the floor (locally) parquet since the construction of the house, local peeling of wallpaper and traces of flooding on the wallpaper, in a room with an area of ​​14.5 sq. m. m - local swelling of the parquet, traces of flooding on the ceiling, in the corridor, local traces of flooding on the ceiling.

According to the act, the cause of the flood is a rupture of the central heating battery (radiator) after the locking device on the riser line of the central heating pipeline, located in apartment No. 72. The owner of the apartment replaced the battery without agreement with the management company.

According to the Act, responsibility for damage caused as a result of the flooding of apartment No. 68 lies with the owner of apartment No. 72, since it was in this apartment that unauthorized re-equipment of utilities was carried out, the battery serves only apartment No. 72, and the owner must be responsible for the malfunction of the heating elements of the heating system.

By virtue of the provisions of Part 3 of Art. 67 of the Housing Code of the Russian Federation, the obligation to maintain the proper condition of the residential premises, as well as to carry out routine repairs of the residential premises, is assigned to the tenant of the residential premises.

According to the report of Center of Expertise LLC dated December 13, 2018, the amount of damage amounted to 189,566 (one hundred eighty-nine thousand five hundred sixty-six) rubles, taking into account wear and tear of materials.

The costs of conducting an independent damage assessment amounted to 4,500 (four thousand five hundred) rubles.

In accordance with paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation, damage caused to the property of a legal entity is subject to compensation in full by the person who caused the damage.

Based on the above and guided by Art. 1064 of the Civil Code of the Russian Federation, I ask:

Compensate for damage caused due to flooding of my apartment located at the address: Moscow, st. Zaporizhskaya, 34, apt. 68, in the amount of 189,566 (one hundred eighty-nine thousand five hundred sixty-six) rubles.

Reimburse the costs of an independent assessment of damage in the amount of 4,500 (four thousand five hundred) rubles.

In the event of a complete or partial refusal to satisfy the requirements within 10 (ten) calendar days from the receipt of this claim, I will be forced to file a statement of claim in court in the prescribed manner to protect my legal rights and interests.

Application:

A copy of the extract from the Unified State Register dated November 12, 2017.

A copy of the flood report dated November 24, 2018.

Copy of the assessment report dated December 13, 2018 No. 189.

24.12.2018

S.A. Kotelnikov

What to do next

If the culprit of the flood refuses to compensate for the damage or simply ignored the existence of the claim, you need to prepare a statement of claim for the flood of the apartment. There is also no template established by law, but in fact you need to write the same thing as in the complaint. If the amount you want to receive from the management company is less than 50 thousand rubles, then you need to go to the magistrate’s court. If it’s more, then to the district one.

It is necessary to justify the amount of compensation for the flooding of an apartment in a lawsuit or in a pre-trial claim correctly. If any property is damaged, it is worth enclosing receipts from it. We recommend ordering an independent examination - in Honest you will be given an opinion that will be accepted by courts of any instance. When he arrives to receive the analysis result, we will also help you fill out a pre-trial claim; we always have ready-made forms. If you need additional advice, please call. Our specialists will tell you how to proceed, it’s free.

Who is it served to?

The addressee for submitting the application is determined in accordance with the contract for the maintenance of general building communications. As a general rule, an application for flooding is submitted to the company through which housing and communal services are provided, as well as other services, as a result of improper execution of which flooding could occur - this could be a housing office, management company, homeowners' association, etc.

For example, if a flood occurred due to rain due to leaks from the roof, the application must be submitted to the organization that is responsible for repairing and maintaining the roof of an apartment building in proper order.

Legislation

Relationships and liability for damage caused are regulated by the Housing Code and the Civil Code of the Russian Federation:

Management companies are required to comply with the requirements for the maintenance of common property, approved by Decree of the Government of the Russian Federation No. 491 of 09.09.2017 . Paragraph 10 states that they must ensure the constant readiness of communication and engineering networks and maintain the architectural appearance of apartment buildings in decent condition.

How is it different from a complaint or claim?

The key difference between a complaint (claim) and a flood claim is the following:

• If an application is submitted, the owner or user of the premises only records the fact that flooding occurred, as a result of which damage was caused to the property.
• When filing a claim or complaint, in addition to the fact, it is indicated who is guilty of causing the damage. For example, the paper indicates that it was the neighbors who flooded the living space. In this case, we are talking not so much about the fact, but about the procedure for compensation.

In addition, a complaint or claim already acts as the first stage in bringing the perpetrators to justice. The statement itself does not entail any legal consequences.

From our articles you can find out what to do if the basement or entrance is flooded and the roof is leaking, if you are the culprit of the “flood” of the neighbors below, as well as how to draw up an inspection report for real estate after flooding, including non-residential premises.

Contents of the Bay Statement

The content of the document may vary greatly, as it sets out the circumstances of a particular case. It will contain mandatory common elements:

• Name of the organization to which the application is submitted,
• The name of the manager to whom the application is being made
• From whom the application is submitted,
• Address of the apartment where the owner or tenant of the property lives,
• A detailed description of the circumstances of the incident, indicating the time and place of discovery,
• Description of the damage caused,
• Please assemble a commission to inspect the premises,
• Please file a flood report.

The application is signed by the person who compiled it and the date is indicated.