The answer to the question is how to assess the damage if the neighbor below has flooded?

Home / Bay / The answer to the question - how to assess the damage if your neighbor from below is flooded?

A flooded apartment is a classic of the genre, a textbook case in the “everyday folklore” of residents of multi-storey buildings. Plaster falling off the ceiling and wallpaper that has become unusable are just some of the unpleasant consequences that owners of flooded premises may face.

So, you flooded your neighbors. What to do and how to assess the damage? Let's look at everything in order.

General provisions about the bay

Flooding of premises is a very common phenomenon, and accordingly, it has an extensive base of court decisions and laws on which these decisions are based.

In order for the damage to be compensated by the one who caused it, it is necessary to establish the culprit of the incident . This may be the owner of the property, the company servicing the premises, or other persons.

If the culprit cannot be identified immediately, experts from the housing office can do this. In addition to the commission from housing and communal services, when flooding an apartment, you may need the help of other specialists: an emergency crew, independent appraisers, lawyers (if the case goes to court). What to do when there is a flood, what steps to take first?

Where to go, in what case do you need the help of a lawyer?

You can seek the help of specialists (an expert or a lawyer) at any stage of resolving the issue. But most often this is necessary when the parties cannot come to one solution.

1. Independent examination. Either party can order an appraiser. It is this party that pays for the services accordingly. Often the parties agree to split the payment between themselves. Based on the results of the written conclusion, payment is made. But if one of the parties still does not agree with the results, you can apply for additional expertise. Or go straight to court.
2. Drawing up a claim against the Criminal Code, a statement of claim to the court. Lawyers in civil cases will help you correctly draw up documents if the culprit is the management company, and will also represent the interests of the client.

Instructions if this happens

If you flooded your neighbor below, there is no need to rush into paying compensation and admitting your guilt, because, despite the fact that the source of the flood was in your apartment, other persons may also be guilty.

We'll find out what to do if your neighbors downstairs are flooded in a special article from our editorial team.

Cases are different, but in order to get out of this unpleasant situation with minimal losses, you need to adhere to a certain algorithm of actions:

1. The first thing to do in this situation is to record everything on a photo or video camera. This may come in handy in the event of litigation.
2. Next, if the cause of the flood cannot be eliminated on your own, you need to call an emergency team. She will also be required to provide documentary evidence of the work performed (act).

In parallel with all these actions, you must immediately notify your neighbors and remove the water as quickly as possible (to do this, you can throw towels, clothes, etc. on the floor).

If you think that the flood was not your fault, you need to call or come with a statement to the home maintenance company so that it will send a special expert commission to record the damage and determine the culprit of the incident. This can also be done by your downstairs neighbors, while you can safely be present when the document is drawn up, and in case of disagreement, you may not sign this act, or draw up a statement of disagreement and submit it to the management company.

As a result of the commission's work, an act on the bay should be drawn up . It is necessary to make sure that this report should indicate not only the location of the damage, but also the cause of the leak.

In order to decide on further actions, it is necessary to determine who is to blame for the accident. There may be several culprits:

• You, as the owner of the apartment (forgot to turn off the tap, used faulty plumbing, etc.). In this case, you will have to compensate for damage to your neighbors’ damaged property yourself;
• If the cause of the flood was leaks in the battery, risers, or the flooding occurred due to a dilapidated roof, then the organization servicing the house will be responsible for this;
• Other persons may also be at fault: plumbing installers, equipment manufacturers (washing machine, dishwasher, toilet, etc.) who provided the defective product. To prove their involvement in the accident, it will be necessary to conduct an examination of the goods, as well as provide receipts for purchases or certificates of work performed.

All the features of registering an apartment flooding report are described in this article.

If the flood did not occur due to your negligence, and not only your neighbors’ property was damaged, but also yours, you and your neighbors can file a claim for damages. There is a chance to reach an agreement with the management company peacefully by submitting a statement of claim to the organization, however, the chance that the management company will agree to pay you compensation is very small.

To determine the amount of damage, you will need to call an appraiser or an assessment commission.

Ways to resolve conflict

The matter will end with minimal losses on both sides of the conflict if both sides show a desire to communicate politely and constructively.

Method #1 - bilateral constructive negotiations

You can always find a compromise option if the victims remember that there has been no repairs in their apartment for a long time, and the damaged property was old, although it was in working order.

The trial is not beneficial for both parties to the conflict: these are additional costs associated with the trial itself and preparation for it in the form of an independent examination

Perhaps an aggressive neighbor can be influenced by the following arguments, presented by third parties whom both parties trust:

1. Before the trial begins, the plaintiff will need to pay a state fee, depending on the amount of the claim. That is, he will incur preliminary costs. Also, his expenses should include the services of a consultant and lawyer.
2. We do not have case law, so it is very difficult to say exactly which side the court will support. It is possible that the plaintiff's expenses will be in vain.
3. If the court decides to order an examination, the plaintiff will also pay for the services of an independent appraiser. The court needs the opinion of a specialist, on whose data it will rely.
4. The source of compensation for damage established in court can only be the earnings that the defendant officially receives. If the defendant does not have an agreement (contract) with the employer, then the maximum amount that the court will oblige him to pay is 1/5 of the subsistence level.

Usually, the realization that you can get a certain amount now by agreeing peacefully, or by a court decision to collect pennies for a long time, which will inevitably be eaten up by inflation, is sobering.

Perhaps the victims are simply not aware that when calculating damage, they take into account not the purchase price, but the estimated value of the property. For the money you can get as a result, you won’t be able to buy new equipment. At best, you can simply repair the old one.

There are also some nuances when claiming moral damages. Since moral suffering is an ephemeral concept, and the court needs material evidence, you will have to present extracts from the medical record confirming the facts of visiting doctors in connection with deteriorating health due to experiences associated with flooding. Receipts from the pharmacy will also work.

Method #2 - resolving the conflict in court

Not in all cases conflicts end in peace. What awaits you in court if you really turned out to be the culprit of the flood of your neighbors downstairs? As practice shows, the court usually sides with the plaintiff. The factual presumption of guilt of the defendant can be overcome by facts in one's defense.

The defendant is recommended to provide evidence of his innocence in writing in the form of objections. Arguments must be argued, confirmed by photographs and videos, and testimony of witnesses.

All objections of the defendant to the essence of the claim must be expressed in writing, fully reasoned and confirmed by testimony of witnesses, photo and video documents

The most effective arguments can be considered the following:

• the flooding occurred as a result of the management company’s improper performance of its duties to maintain communications;
• documentation regarding the inspection of the premises after the flood, as well as the assessment of damage, is not objective, since the inspection was carried out in the absence of the defendant or his comments were not reflected in the report, signatures and other significant details are missing;
• The plaintiff’s demands were inflated because the depreciation of his property was not taken into account or work that was not related to the elimination of the consequences of the flood was included.

The culprit of the accident must understand that if his arguments are not accepted by the court, he, in addition to the main amount of the claim, will have to reimburse legal costs, which include state fees and fees for the services of a lawyer, legal adviser, and independent expert. Therefore, every effort must be made to resolve the conflict peacefully.

Now just imagine how many troubles and expenses could be avoided if you insure your liability in case of flooding of the neighbors’ apartment below

The court pays special attention to class action lawsuits. If there are several flooded apartments, then most likely the demands will be collective.

Obviously, out of prank or malicious intent, a normal adult will not flood the neighbors from below, but the possibility of such a situation cannot be ruled out. After all, that's what an accident is. But, despite the fact that the damage to the property of neighbors was caused accidentally, the troubles for this can be very, very significant.

If you are accidentally flooded by your upstairs neighbors, we recommend that you figure out where to go and how to act in this situation.

Procedure for recording costs incurred

If the issue of compensation for damage cannot be resolved peacefully, the injured party will need to file a claim in court. When submitting this application, among other documents, there must be an expert’s opinion assessing the damage caused to property.

Let's look at it: if you flooded your neighbors below, how to assess the damage caused by the flood? To make an assessment, the victim must call an appraiser who will conduct an examination.

When calling an expert, you must make sure that the company that assesses the damage has permission from the RSO to conduct an assessment examination; without this permission, the conclusion will not have legal force.

There is no need to delay the assessment, but it is also not worth carrying out immediately after the flooding , since the consequences of the flood are fully manifested only after a few days. The optimal time for conducting the examination is a week after the flood.

Damage assessment will occur gradually, in several stages:

1. Calling a specialist, determining the date and time of the assessment actions.
2. Notifying the culprit of the spill about the date and time of inspection of the premises.
3. The work of the appraiser: visual inspection, recording damage in writing and through photography.
4. Carrying out an examination, determining the cost of damaged items and repair work.

In order for the appraiser to be able to calculate the damage as accurately as possible and correctly draw up a conclusion and estimate, he must provide the following documents :

1. Passport of the owner of the premises.
2. Certificate for the apartment.
3. Bay Act.
4. Registration certificate for housing.
5. Checks and receipts for damaged property.

Before the apartment is inspected by an appraisal company, there is no need to eliminate the consequences of the flood, otherwise the examination data will be incomplete.

If the appraiser was called at the initiative of the neighbors below, you can also be present during the inspection of their apartment (if the neighbors agree) and familiarize yourself with the conclusion. If the neighbors do not want to let you into their territory, you can get acquainted with the results of the assessment in court.

Responsibility

If the flooding of the apartment from below was due to your fault (due to the use of faulty equipment or leaks in plumbing equipment), then you must compensate for the damage. The basis for this conclusion is Article 210 of the Civil Code, which states that the owner must bear responsibility for his property , unless otherwise provided by law.

What is the responsibility for flooding the apartment? We read a specially prepared article.

If the flood was not your fault, the damage will be compensated by the one who is to blame for the accident. This is confirmed by Article 1064 of the Civil Code of the Russian Federation. You can familiarize yourself with the procedure for compensation for damage in Chapter 59, paragraphs 1 and 2 of the Civil Code of the Russian Federation.

Nuances of drawing up an apartment flooding report

The act, which records the fact of flooding and the damage caused to the victim’s apartment and property, is perhaps the most important document for you. Therefore, its content should be taken very seriously.

To draw up this document, be sure to invite two or three witnesses. Then it turns out that the act is drawn up by a commission. It’s good if the document itself and the defective statement that is attached to it are signed by a representative of the management company. If he refuses to sign, simply note his refusal in the act itself.

This document must contain the following information:

• you need to record the fact of flooding of your home, indicating the date and time the report was drawn up, the full address of the apartment, the number of rooms in it and the floor on which it is located;
• description of the damage caused to the premises and property (furniture, household appliances) located in them;
• the cause of the leak (exact, if it is not in dispute, or suspected).

In fact, drawing up such an act is the responsibility of a representative of the management company, but it is better to duplicate this document, especially if disagreements arise during its preparation.

Practice shows that management specialists try to “ignore” their own guilt in any situation, reduce the scale of the consequences of the accident and ignore facts that are significant for the injured party. Sometimes they even try to delay the writing of the act, so as not to draw it up at all.

Not all damage from flooding appears immediately: sometimes it takes some time to realize that the floor covering has failed, and fungus has grown under the wallpaper

The act must reflect all disagreements that arise between the parties during the determination of the culprit of the accident or when establishing the amount of damage. By the way, all damage caused to the victim’s property may not be detected immediately, but after 2-3 days.

For example, yellow circles may appear on the walls or the parquet floors may rise. These property losses can be included in the defective statement as an addition.

If you are the culprit of the flood, be sure to receive one copy of the report and the defective statement so that it does not “accidentally” include, for example, broken household appliances that have nothing to do with the incident.

The next step is to file a claim with the person responsible for the flooding. This can be done by all victims collectively or each individually.

How not to pay and win the case?

You can avoid paying for damage caused by a flood, even if your involvement in the accident is obvious. To do this, you need to try to negotiate with your neighbors to resolve the problem peacefully, for example, to eliminate the consequences of the accident yourself or buy materials to eliminate them.

If the downstairs flood is not your fault, you need to explain who may be to blame for the leak and who should actually make a claim.

Before signing the report, you should make sure that the cause of the leak is clearly defined. It happens that housing office workers indicate in the report that the flooding of the premises occurred due to unclear circumstances; in this case, you need to file a statement of disagreement or invite an independent commission.

In the event that a lawsuit has already been filed against you, and you consider yourself innocent, you need to competently build a defensive position :

• Study all documents related to the case;
• Check documents for compliance with completion standards (presence of required signatures, identity of expert testimony, etc.);
• Find ways to prove your non-involvement in the bay (indication of the cause of the leak in the bay report, testimony of witnesses).

Receipt for compensation

In the event of a peaceful resolution of the conflict situation, a trial can be avoided, but you will still have to compensate for the damage caused by the bay through your fault. Compensation may be in the form of monetary compensation or in the form of identical goods and repair materials. In any case, if the neighbors no longer have any complaints against you, this must be recorded in paper form.

Ask your neighbors to write a receipt for damages, which should indicate:

1. Details of the injured party: full name, passport details.
2. Details of the person transferring the compensation.
3. Information about the reasons for compensation.
4. Indication that there are no claims on the part of the victim.
5. Date of preparation.
6. Signatures of the parties with transcripts.

If compensation is transferred in the form of cash, you can agree on an installment plan (this must also be indicated in the receipt).

Solving the problem peacefully

Knowing the dislike of our fellow citizens for visiting government offices and collecting documents, it is quite possible to come to an agreement with the injured neighbor so as not to bring the matter to court. But the main condition of such an agreement should be decency and honesty on both sides. After all, the monetary equivalent of the damage caused must be adequate and real, feasible for the culprit to pay.

In most cases, the situation takes this turn: the neighbors are flooded, what to do, how to assess the damage if there is no experience in making such assessments. Plus, the neighbor insists that before the “flood” he had a luxurious renovation costing several hundred thousand rubles.

1. Don’t take your neighbors’ word for it - be sure to go to them and see for yourself that the victims are telling the truth and are not being cunning, trying to lure as much money from the culprit as possible.
2. Determine an adequate amount of damages that will satisfy both parties. Here you can resort to the services of an independent appraiser.
3. Record the oral agreement with a receipt, in which you must indicate the amount of compensation for damage, the waiver of claims on the part of the injured neighbor, indicate the date of signing, the surnames, first names and patronymics of the signatories and their exact residential addresses. It is advisable that when concluding an oral agreement, witnesses from both parties are present; their signatures must be on the receipt. Documentary evidence of damage caused (photos, copies of receipts, contracts for the provision of repair services) must be attached to the receipt.

It is more logical to hand over the agreed amount to the victim in full; record the fact of acceptance and transfer of funds in a receipt or in a separate document, indicating the exact details of the parties and the transferred amount.

We will answer all your questions and will definitely help! Call us right now on the Hotline (812) 425 31 40 and get legal advice!

Arbitrage practice

If we consider cases of flooding, when neighbors from below sued the neighbor above for flooding of an apartment, we can identify the following pattern based on court decisions :

• The court refuses to consider the claim due to an incomplete package of documents or incorrect filling;
• The court refuses compensation for damages. Such a decision is made when it is established that the person against whom the claim is filed is not to blame for the spill. Also, compensation for damage may be refused due to clearly inflated demands for compensation or after an additional examination was carried out at the initiative of the defendant, during which new circumstances were discovered;
• The court determines partial compensation for damage when the plaintiff has not fully proven the validity of his claims;
• Full compensation for damage is determined in the case where the defendant was unable to prove his innocence and the groundlessness of the plaintiff’s claims.

Sometimes, during the hearing, the defendant may be found guilty of the gulf if he has no evidence to the contrary. In this case, he may request an additional examination and postponement of the court hearing.

What to do first if you flood your neighbors below?

I flooded my neighbors downstairs, what should I do in this situation?

Many people, finding themselves in such a situation, think: I flooded my neighbors, what are my actions and rights. In a situation where the neighbors below are flooded, the first actions of the citizens living in the apartment from which the flooding occurred are very important.

The most competent order of priority actions in such a situation is as follows:

1. First, return home as soon as possible. Turn off the water in the riser area as quickly as possible and try not to get nervous, and also, if possible, reassure your neighbors.
2. Then be sure to call the housing and communal services department, explain the situation and call a repairman at your address.
3. Next, in order to avoid further flooding, use all possible means to collect water from the floor and pour it into the sewer drains. Small ladles and unnecessary rags will be great for this. When collecting water, it is better to enlist some support from several people, since in such a case, partial neutralization of the consequences of the “flood” will be carried out in the shortest possible time.
4. After this, all that remains is to wait for the foreman from the housing and communal services and, again, if possible, carry out a preliminary solution to the problem with the “flooded” neighbors.
5. Additionally, if yours or your neighbors’ apartment is insured, then you should definitely call the insurer and get recommendations on the most appropriate actions in the situation that has arisen. As a rule, insurance companies ask the insured to obtain a written, preliminary verdict on the cause of flooding from a housing and communal services employee. They also recommend that victims and potential culprits not touch the water supply and wait for an independent examination from specialists from the insurance company, who will arrive at the scene of the incident within a few hours.

In general, there is nothing particularly terrible in the situation with flooding of neighbors below. The main thing in such circumstances is to act calmly, balancedly and in accordance with the information presented in this article.

Otherwise, wrong actions can only make matters worse, destroying evidence of your innocence or adding additional difficulties to the trial process.

How to teach noisy neighbors a lesson if the law does not help?

If you decide to go beyond the law and confront your neighbors with all possible methods, a huge number of opportunities open up before you. But before you use them, think a hundred times.

Attention! For fighting neighbors using illegal methods, administrative and criminal liability is imposed.

Revenge causes problems with law enforcement without guaranteeing an end to the conflict. This can, on the contrary, ignite the fire of hostility and become the beginning of a neighborly war, which you most likely do not need.

In an apartment building

Life in an apartment is complicated by the fact that neighbors are usually present on all sides. Noise comes from each of them. But there are plenty of ways to take revenge on noisy neighbors below, above or to the side, and to educate them through such actions.

Residents from above

An easy but ineffective way to deal with neighbors upstairs who are noisy is to knock back on the radiator or with a mop on the ceiling. It provides an opportunity to vent anger, but if the music is too loud, it may not be noticed.

It is more effective to start cutting off people's electricity and mobile communications. Silencers are sold on the Internet, and when turned on, they leave phones within a given radius without communication. But by eliminating the GSM signal, no one will be able to reach you either. An alternative method is to unscrew the plugs. Without light, the neighbor will not turn on music or construction power tools.

From below

It is easier to harm and spoil the neighbors below you than the people living above you.
Sex is an excellent means of revenge. You can walk loudly on it, dance, or simply move furniture. The neighbors below will feel these procedures firsthand.

An expensive method of revenge is a flood . Its implementation does not require much effort, and if you approach the matter thoroughly, the neighbors will have to change the furniture and re-finish the walls and ceiling. But remember, there is a possibility that you will have to pay for all these changes in their apartment.

In order to annoy neighbors downstairs for making noise, some damage their sewer system. Required:

• a thick rubber ball, rubber glove or other easily inflated object,
• long rubber tube
• iron clamps or tape for connecting balls and tubes,
• pump.

Select the size of the tube depending on the height of the floor. It should go lower than the neighbor's toilet below. A ball connected to a tube is lowered to the required depth into the sewer, inflated by a pump and left in this position for two to three hours.

Important! Before placing the tube in the sewer, secure it to yourself so that it does not fly away to the first floor.

Each drain of water from above will carry the entire contents of the sewer pipe into the offender’s apartment. It is better to do this at night, when the plumbers are sleeping and therefore will not come to the rescue quickly. Disconnecting the pump from the tube after use will cause the balloon to deflate, after which it is removed and stored until the next time.

Side

There are also many options for taking revenge on neighbors on the side for noise. If they live on the ground floor, sprinkle some seeds on their windowsill in the morning .
The beaks of pigeons knocking on the windowsill will become an unpleasant alarm clock.

Combating an unpleasant odor involves using a raw egg, which is poured with a syringe under the upholstery of the door of a neighboring apartment. After two or three days, the liquid will begin to emit an “aroma”, and the neighbors will have to work hard to find it.

Posting advertisements containing information about the sale of an apartment or the loss of a cat with the neighbor’s contacts will force him to communicate for a long time with strangers on unclear issues.

In order for the neighbors on the side to have to change not only the upholstery after the egg, but also the lock, needles coated with glue are placed in it, breaking off the ends. It is impossible to repair the result of such a dirty trick.

A find for revenge - neighbors holding a dog. The sound of a whistle, distinguishable only by these animals, is capable of causing barking at those moments when it is convenient for you. For example, at three o'clock in the morning.

In a private house

For people living in private houses, the method of posting notices and indicating the contacts of offenders is also used. A cheerful life for the next month is guaranteed for them.

If your neighbors' toilet is located outside and you know its location, throw a packet of yeast there. The result will be accompanied by a specific smell and fermentation of the contents of the cesspool.

In the country

Plants planted by a neighbor are suitable as an object for revenge at the dacha. They are attacked with saltpeter or another herbicide. Seedlings treated in this way will not live long.

The opposite effect—thickets at a neighbor’s dacha—is achieved by scattering seeds of fast-growing weeds on his property. They are not picky about soil and watering, but as they grow, they can kill planted crops.

A copper nail driven into the trunk will remove the tree that is bothering you. It disrupts nutrition and the plant dries out.

How to hold a management company accountable?

As previously stated, if the flooding occurred due to a malfunction or breakthrough of a system related to common property, then responsibility for the losses incurred by the victims and their compensation falls on the management company of your home.

To involve the management company, it is necessary to invite an emergency service employee from the management company to record the incident and draw up a report. It is possible to additionally independently record the causes of the flood and warn the victims that it is not your fault for what happened.

Expert opinion

Kurtov Mikhail Sergeevich

Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.

When drawing up the report, check all the information entered by the employee; if the data does not match, you can make amendments to the report. Otherwise, proving the incorrectness of the act will be difficult or impossible.

After the parties have signed the act, draw up a claim against the Criminal Code. A claim can be made by residents of an individual apartment, or collectively if several apartments were damaged at once.

The further course of events directly depends on how the representatives of the management company behave. If your claim is accepted and paid, then the issue can be considered closed. If there is no response or the management company refuses to pay the stated demands, you will have to go to court.

This is important to know: Agreement on the donation of property to a budgetary institution: sample 2021

To go to court, you need to prepare documents and evidence; it is important to draw up everything as competently as possible. To protect your interests, you can seek the help of a lawyer.

For the trial, it is necessary to prepare an act reflecting the fact and reason for the flooding; if you do not have this document, you can provide photo/video evidence of the incident, the results of an independent examination, and in the claim you must indicate the person responsible for the incident, the amount of material damage caused. It is better to confirm the amount of damage caused by the opinion of an independent expert and/or, if you have checks and documents for payment for the damaged property, attach them to the claim.

How to understand that neighbors have crossed the border?

Good neighbors are divided into two categories: invisible and soul mates. The first category includes people who behave quietly, rarely catch your eye, and sometimes you can even forget about their existence. Some neighbors don't even know the name of such a person.

Kindred spirits are those neighbors with whom contact was immediately established. They have your spare keys, you often visit each other, share secrets and experiences, and your children play together. Even if this type of person starts to interfere, he will understand the request to reduce the volume of his favorite song at the moment when you come home tired from work.

But often in the next apartment there lives a third category of people who violate the rules of public behavior, despite requests and laws. Such people can be held accountable if they commit acts described in Law No. 52-FZ “On the Sanitary and Epidemiological Welfare of the Population.”

According to this law, such actions include noise, loud music, construction work and other sounds that exceed established standards.
For most cities, this is 40 decibels during the daytime and 30 at night, but the onset of nighttime silence for each area is indicated separately.

The law does not cover all situations that cause discomfort to neighbors, for example, an unpleasant smell from neighbors above. Therefore, at what point the people living nearby crossed the border is up to you to decide. But, in any case, you need to start with a conversation. Perhaps you will be able to convey to your neighbors that they are wrong, and they will correct themselves. Start the transition to active actions only after a failed conversation.