Settlement agreement for compensation for damage caused by flooding of an apartment: sample, receipt

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The agreement on compensation for damage in case of flooding of an apartment, a sample of which is presented in this article, is a guarantee that the injured person will receive compensation for the disturbance caused. The timely preparation of this document simplifies the resolution of the dispute.

Damage caused by flooding

The document allows you to resolve a conflict between neighbors pre-trial or in court, without waiting for a decision. It has several purposes, namely:

Saves time and nerves on lengthy proceedings;
Allows neighbors to independently come to a common denominator;
Maintains good relations between parties to the incident.

Respectable neighbors, as a rule, independently cooperate . This applies to both sides. If the culprit understands that because of him, damage has been caused to the residents below, the latter should not take the opportunity to twist the neighbor’s arms in order to make long-planned repairs at his expense.

It is easy to draw up an agreement on compensation for damage caused by flooding of an apartment for the following reasons:

Does not require strict form.
Compiled randomly.
Notarization is not required.

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Basic information that an agreement on compensation for damage due to flooding of an apartment should contain:

The fact itself is the date, time and place, the essence of what happened.
Detailed list of damaged property.
The amount of damage caused for each damaged item.
Date of document preparation and signature.

It is recommended that a detailed list be drawn up separately as an appendix to the concluded agreement. Damaged property is indicated in detail with a detailed description of the extent of damage.

Additionally, it is recommended to keep a video recording of the damage caused. At the same time, the owner or the person filming, another person must comment on the image.

When filming video, there is no need to be overly theatrical. Judges do not welcome it when a meeting turns into a theater or a circus. The main requirements for a video are dry and clear facts, completeness of description.

The main goal pursued by the document and all additions to it is to determine the amount of the culprit’s obligations to the injured party. It is recommended to indicate in writing the period after which the damage will be compensated.

If you do not know how to determine the guilty party, and are also interested in the question of what liability is provided for the gulf, we recommend reading this article.

Procedure for pre-trial conflict resolution

In order to resolve all issues peacefully, it is necessary to notify the culprit about the fact of the flood as soon as possible after the incident. Then show him the specific location of the leak, from which water flows from the culprit’s premises to the victim, as well as the damaged property. If the culprit of the flooding is the housing office or another legal entity, then you need to write a statement about the flood there, in which you describe in detail the situation that occurred. At the same time, you should not neglect drawing up a flooding report, since if the issue cannot be resolved amicably, this document will be fundamental when considering the case in court. Peaceful resolution of a dispute when flooding an apartment has a number of advantages over a lawsuit, namely:

Financial savings. Legal costs are a very expensive pleasure for an ordinary citizen; in particular, in addition to paying state fees, an examination may be required to assess the value of the damaged property, etc. In the event of a positive outcome of the case, all costs will be compensated by the defendant, however, firstly, the court still needs to be won, and, secondly, in the event of flooding, restoration repairs often have to be carried out urgently and money is needed here and now;
Save time. According to Art. 154 of the Code of Civil Procedure of the Russian Federation, the period for consideration of a legal dispute regarding flooding can reach two months. If we add to this all kinds of appeals, cassation and other judicial red tape, the process may well drag on for six months;
Maintaining normal relations between the perpetrator and the victim. With a peaceful settlement, both parties come to a mutual agreement and, as a rule, have no claims against each other in the future. Litigation, on the contrary, only strengthens the mutual hostility between the plaintiff and the defendant.

If the culprit refuses to admit his involvement in the flooding of the apartment and does not want to compensate for the damage caused voluntarily, it makes sense to conduct an independent assessment of the damaged property. The guilty party must be warned about this action, or even better, invited to be present during the inspection using a registered letter with acknowledgment of receipt. On the one hand, this can help convince the culprit of the advisability of pre-trial settlement of the conflict. If no consensus is found, this examination with photographs of the damage and the inspection report will play an important role in court. And the refusal of the guilty party to the offer to be present during the examination will further aggravate the situation, since the court will interpret such behavior as the defendant’s absent consent to the results of the examination.

Advantages of this method

The agreement in question for compensation for damage by flooding an apartment is more profitable than filing a claim in court because it saves :

The time it takes to consider an appeal to the court;
Money for legal services, state fees, expert opinion.

It takes 2 months to consider a claim only in the first instance according to procedural legislation. There are also provisions for appeal and cassation, which is why the process can drag on for six months to a year or more.

The objection that all costs incurred will be passed on to the defendant is valid if the claim is successful. Otherwise, they will not be reimbursed. And the result of the consideration of the case is not obvious, especially when saving on legal services.

The law (clause 1 of Article 1064 of the Civil Code of the Russian Federation) establishes that those responsible for causing damage to the property of another person are obliged to compensate it in full.

In addition, the financial situation of a neighbor who has flooded an apartment may be precarious. The court makes a decision, the writ of execution is sent to the Federal Bailiff Service, which will not be able to execute it if the culprit does not officially work, and his property includes old office equipment and furniture.

Sample document

As stated above, the document is drawn up in any form, but it is recommended to include certain points. They make the judge’s work easier; he finds the necessary provisions of the agreement faster. The document must contain :

A title that indicates the content, for example, an agreement on compensation for property damage;
Place and date of compilation.
Parties (full names) who sign the document.
Subject of the agreement. Enter the address where the incident occurred (city, street, house and apartment number), the name of the damaged items, if they are not included in a separate application.
The amount of damage caused in national currency, the procedure for making payments and settlements.
Rights and obligations of the parties.
Responsibility of the parties.
Settlement of disputes.

At the end, the passport details of the signatories with their residential address are indicated. This procedure will allow the parties to include specific, unambiguous conditions for the fulfillment of obligations and their volumes.

This is the recommended structure for this document.

Gulf Damage Agreement

The flooding of an apartment is a very unpleasant situation in itself, not to mention the problems that may arise when seeking compensation from the culprit. In this regard, it will be much less troublesome to resolve the issue peacefully, without filing a claim in court. As practice shows, this method of dispute resolution is in many cases more effective than litigation. Indeed, sometimes in order to resolve a conflict peacefully, it is enough to write an ordinary claim - if the demands are truly justified, there is simply no point in bringing the case to court for the guilty party, since the chances of winning it will be minimal, and the financial costs will be much greater.

How can flood disputes be resolved without going to court and what are documents such as an indemnity agreement and a release note? We will try to answer these questions in this article.

Benefits of peaceful conflict resolution

Peaceful resolution of a dispute when flooding an apartment has a number of advantages over a lawsuit, namely:

— Financial savings. Legal costs are a very expensive pleasure for an ordinary citizen; in particular, in addition to paying state fees, an examination may be required to assess the value of the damaged property, etc. In the event of a positive outcome of the case, all costs will be compensated by the defendant, however, firstly, the court still needs to be won, and, secondly, in the event of flooding, restoration repairs often have to be carried out urgently and money is needed here and now.

- Saving time. According to Art. 154 of the Code of Civil Procedure of the Russian Federation, the period for consideration of a legal dispute regarding flooding can reach two months. If we add to this all kinds of appeals, cassation and other judicial red tape, the process may well drag on for six months.

— Maintaining normal relations between the perpetrator and the victim. With a peaceful settlement, both parties come to a mutual agreement and, as a rule, have no claims against each other in the future. Litigation, on the contrary, only strengthens the mutual hostility between the plaintiff and the defendant.

Procedure for peaceful resolution of conflict

On the one hand, this can help convince the culprit of the advisability of pre-trial settlement of the conflict. If no consensus is found, this examination with photographs of the damage and the inspection report will play an important role in court. And the refusal of the guilty party to the offer to be present during the examination will further aggravate the situation, since the court will interpret such behavior as the defendant’s absent consent to the results of the examination.

Indemnity Agreement

One of the most common methods of peaceful settlement of disputes is an agreement on compensation for damage when flooding an apartment. This document must reflect the following information:

— date, time and place of flooding, as well as its causes;

— list of damaged property. This list should be described in as much detail as possible, indicating specific damage. If there is a lot of such property, the optimal solution would be to draw up the list in the form of an annex to the agreement (it is additionally signed by both parties);

— the total value of the damaged property;

— date of conclusion of the agreement and signature of the parties.

The main purpose of such an agreement is for the culprit to undertake the obligation to voluntarily compensate the victim for damage caused by flooding. In order to avoid misunderstandings and mutual claims in the future, it is recommended to initially agree on the period during which the victim will be compensated for all losses incurred by him.

Such a document will have legal force even without notarization. However, if it is planned that compensation for damage will be long-term, then it is better to notarize the agreement. In this case, if the culprit violates the payment procedure or refuses to comply with the agreement he signed, the victim will not have to go to court, but will simply need to contact a notary for a writ of execution. Such an inscription will allow you to collect funds forcibly through bailiffs, bypassing the court process.

Receipt for transfer of funds

If the culprit of the flood is ready to compensate for the damage immediately, then a mandatory condition will be to issue a receipt confirming the settlement made between the parties. It is necessary so that the victim, after receiving the money, does not have the opportunity to re-submit claims for damages.

This document will also have legal force, and in case of failure to fulfill the obligations specified in it, it (like the agreement) can be used as evidence in court proceedings (in accordance with Article 71 of the Code of Civil Procedure of the Russian Federation).

The receipt itself is drawn up by the person receiving compensation and can be written in any form; the only requirement when drawing up is to indicate the following information:

— Full name of the injured and guilty parties, if desired, you can also indicate passport details;

- the total amount of compensation paid (in numbers and in words, if the amounts in both spellings do not match, then the option indicated in words has priority) indicating the currency in which the payment was made;

- the reason for which compensation was provided (in this case, flooding of the apartment, moral damage, etc.);

- an indication that the victim has no further claims (in case there is a possibility of any hidden defects and consequences of the spill that could not be identified at the time of drawing up the document, it is necessary to clarify that there are no claims based on the fact of compensation for visible losses);

- date of compilation and signature of the person taking upon himself the obligation to compensate for damage.

When issuing a receipt, it is advisable to have witnesses present (they will, accordingly, confirm this fact with a signature). The document drawn up must be kept by the person who paid the compensation for at least 3 years (according to the statute of limitations).

Sample indemnification agreement

Agreement No. _____ on compensation for damage caused by flooding of the apartment

G. _______________

"___"__________ ____ G.

_______________, hereinafter referred to as the “Responsible Person”, represented by ______________, acting___ on the basis of ______________, and ______________, hereinafter referred to as the “Victim”, represented by _______________, acting___ on the basis of _______________, collectively referred to as the “Parties”, and individually as the “Party” , have entered into this Agreement as follows:

1. SUBJECT OF THE AGREEMENT

1.1. This Agreement is concluded on the basis of Art. 1064 of the Civil Code of the Russian Federation and ____________________________________________________________. (indicate documents that confirm the fact of causing and the amount of damage)

1.2. Under this Agreement, the Responsible Person undertakes to voluntarily compensate for the damage caused by “___”__________ ____ as a result of the flooding of the Victim’s apartment located at the address: ___________________________________________________, in the amount of _______ (__________________) rubles.

1.3. The victim has the right to compensation in excess of damages in the amount of _____ (_______________) rubles.

2. CONDITIONS FOR INDEMNIFICATION

2.1. The responsible person compensates the Victim for damage in the amount of _____ (_______________) rubles.

2.2. Payment deadlines:

— the first installment in the amount of _____ (_______________) rubles is due before “___”__________ ____;

— the remaining balance in the amount of _____ (_______________) rubles is due before “___”__________ ____.

2.3. Compensation in excess of damages in the amount of _____ (______________) rubles is payable by the Responsible Person to the Victim before “___”__________ ____ in the following case: ____________________________________________.

2.4. Settlements between the Parties are made by bank transfer, and payments can also be made in cash.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The victim is obliged:

a) in the case of cash payments, issue to the Responsible Person a receipt for receipt of the amounts of compensation for damage and compensation in excess of compensation for damage;

b) not to disclose information about the amounts of damages, compensation and other confidential information that became known in connection with the conclusion of this Agreement.

3.2. The responsible person is obliged:

a) inform the Victim about all circumstances known to him that are important for assessing the amount of compensation and compensation;

b) timely and in full pay the established amount of compensation and compensation;

c) take necessary and possible measures to prevent other cases of damage to the Victim, to reduce the consequences of the damage caused.

4. ENTRY INTO FORCE, TERM AND VALIDITY OF THE AGREEMENT

4.1. The Agreement comes into force from the moment of conclusion and is valid until the Parties fully fulfill their obligations.

4.2. The agreement is terminated if:

— full compensation for damage and compensation in excess of compensation for damage to the Victim by other persons;

— liquidation (or: death) of the Responsible Person;

— termination of the Agreement by a court decision;

— in other cases provided for by the legislation of the Russian Federation.

4.3. The victim has the right to refuse this Agreement (terminate the Agreement unilaterally) at any time.

5. OTHER TERMS

5.1. Disputes arising in the process of fulfilling obligations under this Agreement are resolved through negotiations between representatives of the Parties. If it is impossible to reach an agreement on controversial issues, their decision is submitted to the court for consideration in the manner prescribed by the legislation of the Russian Federation.

5.2. On issues not regulated by this Agreement, the Parties are guided by current legislation.

5.3. The agreement is drawn up in _____ copies.

Applications:

1. Protocol (decision, act, etc.) dated “___”__________ ____, N _____ on causing damage.

2. Calculation of the amount of compensation.

6. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

Responsible person:

Victim:

Sample receipt for transfer of funds

By me, __________________________________________, Russian Federation passport___ No. _____________, issued ___.___.____ __________________________________________________________________________, in compensation for material damage and moral damage resulting from an accident (flood/fire) that took place ____.___________._____ at the address: _________________________ __________________________________________________________________________________________ through the fault of _________________________________________________ Russian Federation passport___ No. ________________, issued ___.___.____ ___________________________________________________ received from him funds in the amount of ____________ (_______________________________________________) rubles.

The amount of damages caused is established by agreement of the parties, is final, includes the entire scope of obligations arising from the damage, and includes, but does not exclude, including: costs for restoring the violated right, loss and damage to property (real damage) , lost income (lost profits), moral damage, harm to health.

The amount (amount) of damages caused, established in this receipt, is not subject to revision.

I have no complaints about _________________________________________________________________.

I believe that material damage and moral damage have been fully compensated.

I undertake not to make any claims of a property nature against ________________________________________________________________ in connection with the specified accident.

This receipt was issued by me voluntarily, without coercion. This obligation is not enslaving, issued under threat, deception, coercion, or due to a combination of difficult circumstances.

___________________ /_________________/

___.___.______ G.

Registration of receipt

This is another option that allows you to get out of an unpleasant situation quickly, without going to court. It is allowed if the culprit agrees with the demands of the injured party. In this case, a loan agreement is drawn up, which is concluded in writing in accordance with the provisions of Art. 808 of the Civil Code of the Russian Federation.

The legislator has not established strict requirements for issuing a receipt. But practicing lawyers recommend insuring yourself and including in this document the maximum possible information, namely :

Passport details of the parties, including series, passport number, who issued it, registration address.
Who borrows money from whom, the exact amount.
The period by which the borrower undertakes to pay off the obligations.
Payment procedure.
Date and place of compilation.
Signatures of persons.

As a general rule, the borrower's signature is required. The injured person puts it in if, according to the terms of the receipt, he is required to perform any actions. This document can be drawn up by hand or using office equipment. In the latter case, it is easy to make the document as complete as possible, using, for example, a sample agreement on compensation for damage when an apartment is flooded.

The court may question this document in the following cases:

An exceptional circumstance has been established that casts doubt on the fact of the loan;
The transaction was made by a person declared incompetent;
The receipt for the apartment to be flooded was drawn up under threats, including the use of violence.

Why is it important to have an assessment?

In our practice, there were many cases when the culprit of the flood, after the first payment, refused to continue paying compensation; naturally, there were no documents confirming the extent of the damage. There was only a two-line statement from the management company and a few photographs (at best) of the damage damage. As a result, we had to refuse such clients, because... It is not possible to evaluate from photographs from a year ago and an unclear statement from the management company. If you have an appraisal report, if you fail to pay, you will be able to go to court and recover the full amount due.

Insure yourself against non-payment, order an assessment report and enter into an agreement

Receipt

I, (Last name, first name, patronymic), give this receipt that “___”__________20___.
received money from (Last name, first name, patronymic) in the amount of _____________ (__________________________________________) rubles to compensate for material and moral damage caused to me (Last name, initials) “____”_________20___. as a result of a traffic accident, on the fact of which a criminal case was initiated. The money I received is full compensation for the material and moral damage caused to me. I have no complaints about (Last name, initials). In this criminal case, I apply for termination due to the reconciliation of the parties. Date Signature

Download the document “Receipt - receiving money for compensation for material and moral damage”

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How is a settlement agreement drawn up regarding compensation for damage in the event of an apartment flood?