The neighbors from below were flooded: an attempt not to bring the case to court and to solve the problem peacefully

Home / Flood / Legal advice - what to do if the upstairs neighbors are constantly flooding?

A short and succinct answer to this question is to carefully document all cases and go to court. How to do this - recommendations from practicing lawyers below.

The first rules that will help minimize damage

If you realize that the flood caused damage not only to you, but also to your neighbors below, be sure to follow the rules listed below to minimize the likelihood of financial expenses:

• immediately turn off the tap on the riser, it is located in the bathroom or toilet;
• then turn off the electrical switches on the panel (in the apartment corridor or in the entrance);
• then remove any electrical equipment that is installed on the floor or is too low;
• be sure to remove the lower strips on the furniture in those rooms where water has leaked, so that the material of the set does not become saturated and swell;
• take a few towels and throw them on the floor so that they instantly absorb most of the water;
• While it is being absorbed, prepare buckets or basins into which you will squeeze the towels;
• now be sure to call your neighbors and warn them about what happened (if they start having leaks, they will quickly respond to them).

Flooding of an apartment due to a leak in the bathroom Source subscribe.ru
After you have taken into account all the nuances, finish cleaning and go to your neighbor’s apartment to assess the damage. Remember, it is advisable that you be personally present and not pay for the damage the amount named according to the neighbor. If you cannot attend yourself, send someone you trust.

Cleaning water in an apartment after a flood Source nizhniy-tagil.santehnic-doma.ru

How to bring the culprit to justice?

As mentioned above, it will not be easy to hold a neighbor accountable. He will simply refer to the BTI plan and to the fact that, by law, a balcony is not a living space. And there is no law that would oblige a neighbor to glass the loggia. The only option in which you will be able to achieve anything is to file a claim for damages. With the help of a competent lawyer, it is quite possible to achieve a positive result.

If the court obliges your neighbor to compensate you for the damage, then he will most likely repair the balcony. Perhaps he will not want to participate in such an event again.

What to do if you fail

If you still fail to achieve success, most likely you have only one way out - repairing your neighbor’s balcony at your own expense. But to completely eliminate the possibility of conflict, do not forget the following:

1. Get a receipt from your neighbors stating that they agreed to carry out the repair work.
2. Film all the actions on a video camera so that you don’t have any questions later.
3. Take a receipt after completion of repair work. This receipt should contain information that the neighbors have no complaints about the quality of the work performed.

After this, you can safely start working. Most likely, you will need to not only waterproof the floor on the balcony, but also seal the seams of the balcony panels on the outside of the house. It is difficult for one person to cope with such work. Most likely, you will have to hire workers.

Sometimes it is not easy to achieve justice in our country. And then you have to solve problems using your wallet, or watch your balcony flood again.

What to do next

After you get into your neighbors’ apartment and see for yourself the problems that have arisen due to the leak, be sure to call the management company’s employees. They have the authority to draw up a flooding act.

When drawing up this document, the real cause of the flood is indicated. Therefore, during this, you, as the owner of the apartment in which the flood occurred, must confirm that it is the main influencing factor.

Damage assessment when neighbors were flooded Source tetrapilon.ru

Also, employees of the company managing the residential complex indicate in the document a list of items and other types of property that were damaged by the flood. As a result, an assessment of the cost of the damage caused by the culprit is carried out.

In some cases, you can order an independent examination. Such a service will have to be paid separately and this is done by those who are not satisfied with the result that was indicated by the management company. Usually the price for the service does not exceed ten thousand rubles. For this purpose, they involve their friends, people on the Internet or professional lawyers.

Large apartment flooding, which has consequences Source sterlingheightswaterdamage.com

Step-by-step instruction

You come home after a hard day at work and see that water is running from the ceiling along the walls, and the wallpaper is swollen with water bubbles. In such a situation, action must be taken immediately.

Algorithm of actions:

1. Disconnect the apartment.
2. Try to save documents and valuable property.
3. Notify the neighbors downstairs.
4. Call emergency services.
5. Draw up a flood report.

De-energize the apartment

If the electrical wiring gets wet, the consequences may be a short circuit. Plus, you could hurt yourself.

Therefore, near the entrance to the apartment it is necessary to turn off the machines. In this case, you must follow safety precautions and do not reach into the shield with wet hands.

If you cannot reach the shield without stepping into the water, you need to call a specialist.

Remove documents and valuable property

If possible, you need to collect the documents and take them to a dry place. You also need to collect valuable property that is afraid of moisture.

Even if the apartment is insured, the company will not pay for damage that the policyholder could have prevented. Therefore, every effort must be made to protect property from damage.

Notify neighbors

It is advisable to convey information about the flood to the neighbors below. If they can still avoid losses, then you need to tell them.

It is also necessary to take measures to find those responsible for the incident. It's good if they are at home.

If they are absent, you must remember that you cannot enter the apartment, break down the door or enter the apartment in any other way without the consent of the owner. This is fraught with criminal liability.

The exception is the situation when the apartment is rented. In this case, it is necessary to call the owner. The repair team can enter the home with his consent. There is no need to clarify the residents' opinions.

However, it is advisable to enter the apartment together with the district police officer in order to avoid tenants’ claims about the theft of their property.

Call emergency services

Let's consider where to call in case of flooding. You can find emergency service information as follows:

• on the website of the management company;
• at the stand at the entrance;
• by phone 112.

The dispatcher will ask you to introduce yourself and provide the address of the residential premises. You need to be prepared to talk.

The emergency service operates 24 hours a day, seven days a week, seven days a week. Therefore, it is necessary to signal immediately.

Draw up a flood report

Having decided who to call in case of flooding, it is necessary to properly document the incident. The official document that records the damage is the flood report.

Procedure for drawing up the act:

1. It is necessary to call representatives of the management company.
2. Invite 2 - 3 witnesses from among neighbors or acquaintances.
3. Record all damage in writing.
4. Conduct photo and video recording of damage.
5. Certify the document with the signatures of management company employees and witnesses.

Important! It is advisable to discuss in advance with witnesses the possible need to go to court. If the culprit refuses to voluntarily compensate for the damage, then he will have to apply to the judicial authorities for protection of interests. Witness testimony will be one of the important pieces of evidence.

Representatives of the management company are required to come to the apartment within 12 hours from the moment the call is received. If a visit is refused, you must visit the company’s office and ask for a call log. If there is no information about the application, you must request it.

Lately completed documents may result in refusal to pay compensation from the perpetrator of the incident in court proceedings. If there is no information about the application, it is possible to recover a penalty from the management company for negligence.

If representatives of the management company avoid visiting the apartment, you must draw up a report yourself. However, the presence of witnesses, photo and video evidence remains a necessary element.

The act must contain the following information:

• document's name;
• apartment address;
• date of registration;
• composition of the commission (owner, representatives of the management company, witnesses);
• reasons for filling out the act;
• reasons for the flood (if the reason is not clearly established, then it is necessary to indicate the suspected reason);
• consequences of flooding;
• an instruction to conduct an external examination (only an expert opinion can give an accurate result);
• inspection of the bay area (if the culprit of the incident allows you to visit his apartment;
• instructions for photo and video shooting;
• FULL NAME. and signatures of commission members.

When taking photographs, it is advisable to immediately print out the photo and have each frame signed by members of the commission. The photo must capture all the consequences and marks on the ceiling.

Example . When indicating the reason for filling out the act, you must indicate: The document is drawn up due to the flooding of apartment No. 5, located in building No. 60 on the street. Kuznetskaya, Krasnoobsk city, Novosibirsk region. The cause of the flooding was a broken heating radiator.

When drawing up an act by a representative of the management company, it is necessary to carefully monitor the execution of the document. Since in some cases the blame may be placed on the organization, the representative may deliberately misrepresent the facts.

Therefore, you need to carefully read the document before signing and do not hesitate to make adjustments. In case of distortion of data, the owner has the right to refuse to sign the act.

Regardless of the presence/absence of a signature, a citizen has the right to demand 2 copies of the act.

Important! The law does not prohibit citizens from drawing up 2 acts on their own. One - by representatives of the management company, the second - by the owner. The main thing is to complete them at the same time and sign them with the members of the commission.

The culprit of the flooding: who is he?

It happens that an injured neighbor calls you into his apartment and shows you areas of leaks, water-damaged furniture, and household appliances. Determine on the spot whether it could have been damaged by flooding and whether there are traces of moisture on it. The owner of the affected apartment is obliged to provide you with this opportunity. In this case, remember the objects and devices that were damaged. Next, go to your apartment and assess where exactly the breakthrough came from. It can be:

• Water supply devices. Taps, mixers, siphons, washing machine hose. In this case, you will have to pay for the damage, but if you see that the equipment was damaged precisely because of a manufacturing defect, you have every chance to shift the blame to the seller or manufacturer.
• Plumbing equipment. A leak can come from the side of the toilet, the pipe coming out of the drain hole in the bathroom. Assess the condition of these items. If they are damaged due to wear and tear, the damages are yours. If the leak occurred due to the negligence of the workers who were involved in the installation, then you can contact them. Such a case allows you not only to return money for poor-quality work, but also to demand funds from the team for repair work in your apartment and from your neighbors.
• Leaking from above the apartment along the riser. In such a situation, the neighbors from whom the water comes will be responsible for damage to the cladding and equipment. At the same time, they must pay not only the tenants below, but also you.
• Breakthrough of a common building sewer riser or any other main. All responsibility in such a situation rests entirely with the management company or housing service. It is these organizations that must pay all repair costs or restore apartments and pipelines themselves.
• Breakdown of the heating system, radiator, heated towel rail. Usually, with such damage, little water comes out, but there is every chance of flooding the neighbors, especially if the floor pie does not have waterproofing. The responsibility rests with you.

In case you have a disagreement about flooding with the management company, and you understand that you should not pay for the damage, feel free to file a claim, which you can write by hand or involve a lawyer in this.

The culprits do not open the door or are even on vacation

If the culprits do not open the door for any reason, the emergency crew can only turn off the water along the riser.
And housing services workers must wait for the absent tenant of the apartment, in his presence eliminate the cause of the flood, and only after that water is supplied.

In order to quickly carry out repairs and supply water, you can assist utility services in finding the owner or people who have the keys to this apartment.

After three days, if the owner of the apartment is not present, members of the commission from the housing department consisting of five or more people, in the presence of a police officer and witnesses, open the door to the apartment to find out the reasons and eliminate the water leak. After the leak is eliminated, the apartment is closed and sealed. One copy of the drawn up act is left in the apartment for the owner. A police officer is responsible for the safety of the property of the absent owner of the apartment.

Video description

If you flooded your neighbors' apartment.

On a note! When writing a letter of complaint to a service organization, be sure to include photos of the affected areas and objects in your apartment and the apartment of your neighbor below. Also, the residents whom you flooded can write the same letter themselves.

Redneck about a flood in an apartment from neighbors Source sarinform.ru

How to pay and is it possible to do without it?

Let's assume that you are still found to be the culprit and the question immediately arises of how to pay for the damage and what exact amount will be required for this. Just be careful when receiving a list of what was allegedly damaged by the gulf. It happens that neighbors simply try to repair some appliances, attributing their malfunction to the consequences of a flood. So, what can the affected residents list:

• Need for renovation in the bathroom. Of course, water stains deteriorate the appearance of walls and ceilings. But more often it is enough to simply restore the damaged corner, and not the entire room. Here you must see for yourself that truly large-scale work was needed only because of the flood.
• Expenses are required to repair household appliances. There are times when residents indicate a TV, home theater, or refrigerator in their claims. Such arguments require arguments; accordingly, a person is obliged to explain how each of these devices ended up at the leak site. If you are not sure of the veracity of the list provided, we advise you to contact a tester who will come to the affected residents and determine whether their breakdown is related to water ingress.

If it is obvious that the repair costs are unreasonable, ask your neighbor to lower his demands. Otherwise, seek an independent examination and, if the amount of money for repairs does not match, go to court with a claim for attempted extortion.

Payment for damage to neighbors for the flood Source ip-spravka.ru

On a note! If you do not have the opportunity to fully repay all the debt to the tenants on the lower floor, offer him assistance in repairs, help him decide on the selection of the right building material.

How to compensate for damage?

Let's look at how to collect money for repairs. In 2021, there are several options for solving the problem:

1. Availability of insurance against damage to property due to the actions of third parties. If you have insurance, the citizen must contact the insurance company. She pays compensation. And subsequently collects funds from the culprit.
2. Peaceful settlement. If you do not have insurance, you must resolve the issue yourself. You need to visit the culprit and negotiate with him.
3. Judicial order. If the discussion does not produce results, you will have to go to court. To do this, it is necessary not only to prepare evidence, but also to confirm the fact of an attempt at a peaceful settlement.

You have been sued: what to do?

When a claim against you, as the culprit for flooding the apartment, is in court and you have already received a summons, it may indicate a list of requirements for compensation for damage to:

• renovation of the entire apartment or the room where the flood occurred, in particular;
• purchase of household appliances, things, furniture;
• expenses for court fees;
• payment for pre-trial independent examination;
• lawyer and lawyer representing the interests of the plaintiff;
• loss of profit if the housing was rented out and the tenants moved out due to improper conditions;
• medications if, as a result of the current situation, the victim became nervous or fell ill.

Lawsuit for drowning apartment neighbors Source law.ru
Remember that the amount can be quite high, because often when demanding compensation for damage, several points are indicated at once. You can fight in court on your own, but it is better to involve a lawyer in this process. It can significantly reduce requirements. In total, for the services of a lawyer and the cost of repairs in your neighbor’s apartment, you will pay less than for all the claims made by a dissatisfied plaintiff.

Judicial order

If a peaceful settlement does not lead to success, then you will have to go to court. This option will be required if neighbors constantly flood or refuse to fulfill the agreement.

Procedure for going to court:

1. Collection of documents.
2. Preparing a claim.
3. Referral to court.
4. Obtaining a court decision.
5. Sending the writ of execution to the bailiffs.

Collection of documents

To recover monetary compensation for apartment repairs from the guilty party, it is necessary to prove the defendant’s guilt. Therefore, the court decision directly depends on the evidence base.

The following must be presented as evidence ( Article 132 of the Code of Civil Procedure of the Russian Federation ):

• passport;
• title documents for housing;
• extract from the Unified State Register of Real Estate;
• damage assessment report;
• flood report;
• receipt of payment of state duty;
• the result of an examination of the causes of flooding.

To go to court, you must order an assessment of the damage caused. The procedure must be carried out by an official organization that is licensed to carry out such work.

In the absence of an assessment report, the court will refuse to satisfy the claims. The citizen must justify the stated requirements.

Example . Citizen R. filed a claim with the district court. She explained that the neighbors carried out illegal redevelopment and changed utility lines. As a result, a water leak occurred. Her apartment was flooded. The repairs cost a significant amount. She wished to recover the costs of repairs. However, as evidence, the woman provided receipts for repairs. The court did not accept the costs as evidence. The cost of repairs does not necessarily equal the actual cost of the damage.

If the reason is not obvious, an examination must be carried out. The document must confirm that the cause is indeed the actions of the neighbors, and not a breakthrough in the engineering structure for which the management company is responsible.

Preparing a claim

A statement of claim to the court must be made in writing ( Article 131 of the Code of Civil Procedure of the Russian Federation ). The document must include the following information:

• name of the judicial authority;
• plaintiff's details;
• information about the defendant;
• cost of claim (full cost of repair costs);
• Title of the document;
• information about the rights to the apartment;
• description of the situation (date and causes of flooding);
• information about the damage caused;
• information about an attempt at pre-trial settlement;
• information about the assessment;
• reference to law;
• claim;
• petition to call witnesses;
• list of evidence;
• date and signature.

Sample statement of claim for recovery of repair costs if neighbors flooded

Only the owner of the residential premises or his legal representative can act as a plaintiff. When sending documents through a proxy, a notarized power of attorney will be required.

Important! The cost of the claim includes damages, attorney fees, postage, examination and appraisal.

Referral to court

If the cost of the claim does not exceed 50,000 rubles, then it is necessary to submit documents to the magistrate’s court. If the amount is greater, the claim must be sent to the district court at the place of registration of the defendant. The issue is resolved through legal proceedings.

Documents can be sent as follows:

• personally;
• by mail;
• through a trusted person.

To transfer documents through a third party, the owner must issue a notarized power of attorney for him. The document must contain a direct indication of all actions that the representative can do on behalf of the principal.

When sending documents by mail, you must include a description of the contents in the envelope. The postal item is issued in the form of a registered letter with notification.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

The issue of collecting debt from a flooded neighbor is quite controversial. Submitting a claim to court does not guarantee a positive decision. For a successful outcome, it is advisable to hire a specialized lawyer. The specialist will study the documentation and develop a strategy for the trial. A competent lawyer will significantly increase your chances of winning.

Obtaining a court decision

The process can be decided in favor of the plaintiff, the defendant, or in the event of a settlement agreement. A special feature of the settlement agreement is the imposition of a ban on repeated recourse to court on this issue.

The court decision will come into force 30 days from the date of delivery (Article 209 of the Code of Civil Procedure of the Russian Federation). After which it is subject to execution.

Within 30 days, the other party has the right to appeal the verdict. To do this, an appeal is filed.

Sending the writ of execution to the bailiffs

Let's consider how to act after receiving the writ of execution. If the culprit refuses to independently comply with the court decision, then it is necessary to take the document to the FSSP at the place of registration of the defendant.

The following documents are attached to the writ of execution:

• application for enforcement;
• copy of the passport;
• bank account details.

Bailiffs will collect the debt from the official salary, pension or other income of the culprit.

What happens at the end of the trial?

When the trial has already ended and you have been found obligated to pay, under no circumstances give the money to the victim without receiving a receipt indicating all passport data, residential address and the exact amount of money received, down to the kopecks.

Court decision on flooding neighbors below Source news.myseldon.com

Ideally, do everything through a bailiff. Enforcement proceedings will be initiated against the culprit, which will indicate the amount of damage. If he has an official income, then by law he will have to pay damages monthly in the amount of 50% of his salary.

It turns out that the transfer of money to the affected person will be carried out in installments and for this it is not necessary to contact him independently. Money will be transferred by bank transfer to a card or e-wallet. The recipient will be able to cash them out independently at any time if necessary.

Compensation for damage for the flood with money on the card Source whoyougle.ru

Next steps when recovering damage from an apartment flood

When it is necessary to understand what to do if the apartment is flooded by neighbors from above and do not want to pay, you should take into account that a court decision alone is not enough.

In order to recover money from neighbors who flooded an apartment, you must go through the stage of enforcement proceedings carried out by bailiffs. However, before this, you must obtain a writ of execution from the court.

The further procedure will be fairly standard. The bailiffs will first pay attention to the debtor’s income, and then his property.

However, it is possible that already in the process of enforcement proceedings the parties will be able to reach an agreement and sign a settlement agreement. Its clauses, among other things, may provide for another form of compensation for damage.

If you are flooded: what is the action plan?

If you didn’t flood the neighbors below, but on the contrary, they flooded you. In this situation, you must follow several step-by-step actions:

• convince the residents above to turn off the water and remove electrical appliances from under the flow of water;
• place containers and pour water into the sink as they fill;
• invite the culprits to your apartment and show where the leak is coming from, so that no questions arise in the future;
• then remove all moisture, call the neighbor again and invite experts to conduct a professional assessment;
• he will name the amount of damage, but remember that the opposite party may not agree with the decision;
• in this case, you have every right to draw up a statement against your neighbor and send it to the management company;
• the most recent is filing a lawsuit in court.

It is best to negotiate compensation for damage through peaceful means. This will save money, time and wasted nerves.

Consequences after apartment flooding from neighbors above Source ingilo.ru

Is there liability under the law?

The relationship between the victim of the flood and the culprit is regulated by housing and civil legislation; the necessary norms are contained in the Civil Code (Civil Code) of the Russian Federation and in the Rules for the operation of apartment buildings. Every flood has a responsible person who is obliged to compensate residents for the damage caused. For example, the obligation to maintain all components and assemblies in good condition in your own apartment is determined by the provisions of Articles 210 of the Civil Code of the Russian Federation and 30 of the Housing Code of the Russian Federation.

If a violation of the functionality of components and assemblies in an apartment leads to harm to other persons, it is compensated in full (Article 1064 of the Civil Code of the Russian Federation).

The peculiarity of cases of apartment flooding, when neighbors flooded and do not want to pay, is to determine who is guilty. Sometimes this is not easy to do; the procedure for establishing a responsible person is regulated by the following rules:

• Civil Code of the Russian Federation (Part 1, Article 290);
• Housing Code of the Russian Federation (Part 1, Article 36);
• Rules for the maintenance of common property in an apartment building (Section I).

The basic rule is that the housing office or management company is responsible for everything that is not included in the apartment . The owner of the property is responsible for the apartment property.

Heating radiators do not fit into this rule; their maintenance and responsibility for their serviceability is the concern of the utility service. The exception is if these units are independently replaced by the owner of the apartment. In this case, responsibility for the malfunction of the heating radiators passes to the owner of the property.

The problem of determining responsibility for flooding an apartment and the persons responsible for it is discussed in detail in this article.

Therefore, if a flood occurs, for example, due to damage to the wall structure as a result of liquid saturation of the apartment’s balcony slab, claims for compensation must be sent to the housing office or management company. Incorrect identification of the culprit will lead to financial and time losses.