What to do if neighbors from above are drowning and stomping: how to punish noisy residents of the upper floor

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Help center for flooding of apartments and premises

Who is responsible for sewer flooding?

The management company (HOA, housing office, etc.) that services your home is always responsible for the sewer riser in an apartment building. Therefore, if the apartment is flooded with sewerage, it is the Management Organization that will be responsible!

Note: its coordinates are written on your rent receipt.

Utility workers will assure you that the clogged sewer is not their fault, but the fault of the residents of the house, who pour “cat litter” or construction waste, etc. into the toilet. There is, of course, some truth in this.

But, according to the law, the Management Company MUST monitor the condition of the sewer pipe (sewage riser) and periodically clean it. For this work, we pay utilities. So that there is order! And even if your neighbor flooded you with sewage, the housing and communal services will still be responsible! Therefore, if the apartment is flooded by sewerage, the management company is responsible.

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If your apartment is flooded, we act quickly and according to the law.

So, the neighbors upstairs are drowning, water is pouring from the ceiling, you are running to them in panic, but they are not at home, what to do, where to go and how to stop this madness? First, breathe out and calm down. Immediately after detecting flooding, contrary to misconceptions, there is no need to rush to the top floor, but you should turn off the power to the apartment to prevent electric shock, which is dangerous to the life of a person and his pets. Secondly, you need to try to reach your neighbors to stop the water. Keep in mind that even the “global flood” does not give you the right to break down your neighbor’s door in order to enter someone else’s home, which according to the law (Article 139 of the Criminal Code of the Russian Federation) is inviolable, even if you have good intentions. If the “accident” happened at night, you need to do the same thing - turn off the electricity, go to the neighbors above, calmly tell them that they are drowning you and together try to stop the flood.

If your neighbors opened the door and are ready to help, then you need to turn off the water supply as soon as possible, and only then look for the source of the flood - it could be an open tap, a clogged sink, a broken washing machine, a burst pipe or something else. If turning off the water in the neighbor’s apartment did not help and the waterfall continues to fall from the ceiling, then the cause may be a break in the water supply pipes located inside the walls between floors. In this case, only blocking the common access riser will help, but you will not be able to do this yourself. The same thing as in the previous example will have to be done if the neighbors from above are drowning, but you can’t reach them - there is no one in the apartment or they simply do not want to communicate with you, hiding behind a closed door. In such situations, people wonder where to call and who to call to solve the problem. Let's figure it out.

Here is an algorithm for the correct behavior at the time of an accident (we assume that you lost power to your home and were unable to get into your neighbor’s apartment):

1. Call the Management Company or emergency service (if the incident happens at night or on a weekend and the management company does not answer the phone). Tell us about the incident and ask them to send a plumber to turn off the water.
2. Inform those living below you because the water may reach them too.
3. Take photographs or film the flood itself and all property that suffers or may suffer from it.
4. After stopping the water, the mechanic needs to call a representative of the housing department and draw up a special report, which will display the fact of the incident, its date and time, the address of the affected apartment, the cause of the flood and the alleged culprit, as well as a list of the damaged property with the name and brand of household appliances (without cost). We’ll talk more about drawing up the act and who should sign it below.
5. Try to save your property by collecting water.

If they do not live in the apartment or rent it out to tenants

Let's take a little break from active actions and talk in more detail about what to do if the neighbors from above are drowning, but they are not in the apartment - they are at work, do not live there, or rent out housing to tenants.

In the case of tenants, there are three options for the development of events:

1. The tenants are to blame for the accident - they didn’t turn off the tap or something else - then they will compensate for the damage, and it is to them that you should address your claims.
2. If pipes burst in a neighbor’s apartment, then the blame for what happened lies with the owner.
3. If it is not possible to immediately identify the culprit, then the claim should still be made to the owner of the property, and he can then collect it from the tenants.

If your neighbors are simply not at home or they do not live in the apartment, then it is in your interests to help the management company employees find them faster - maybe you have phone numbers, you know the place of work or the address of their current residence. And in the interests of all residents of the entrance, since the riser will be closed and the water supply will be resumed only after the owner is found, and in his presence the cause of the flood is eliminated.

If the owners of the drowning apartment could not be found within 3 days, then:

1. You will have to write a free-form statement to the police, asking for assistance in eliminating the cause of the flooding of the apartment.
2. The Housing Maintenance Service will assemble a commission (of five people), invite a local police officer, and he will gather witnesses. This “friendly company” will open the door of the problem apartment, find out and eliminate the cause of the water leak, after which the door will be closed and sealed, and responsibility for the safety of the property will be assigned to the district police officer.
3. As an additional surprise, its owners will be left with one copy of the completed act inside.

If drunks pour in

What to do in a situation if you are “lucky” with neighbors upstairs - they are drunks, flood you periodically or constantly, do not open the door or are aggressive when you contact them? The steps are approximately the same, but together with the emergency service, you need to call the police in order to protect yourself and record the fact of what happened. Further, everything is according to plan - eliminating the cause of the flooding, an act, saving property, assessing what could not be saved, going to court.

How and within what time frame to draw up an act

Photos and videos from the scene of the incident are also evidence of the scale of the incident, if the neighbors flooded, but do not want to admit to what they did. The main document that will be considered in court is the bay deed - how to draw it up correctly and in what cases it will be considered invalid - we’ll talk about that.

The act of baying is drawn up not by you, but by representatives of organizations responsible for the operation of a particular house - management company, homeowners' association, housing cooperative, regional housing cooperative, housing cooperative, and so on. Please note that a regular plumber who comes to fix a leak does not have such authority. Engineers, technical maintenance technicians, maintenance foremen or maintenance technicians have them - this is important, because otherwise the Flood Act may be invalidated in court. In addition to the representative of the Criminal Code, a locksmith and a representative of the injured party, that is, you and the culprit (the fact of his absence is recorded in the act as a separate entry), must be present during the drawing up.

This document is drawn up in any form, but must contain a list of mandatory information:

1. Full name of the victim (homeowner or his legal representative).
2. Address of the flooded apartment.
3. Date and time the flood was discovered.
4. Application number in the Unified Dispatch Service. It is important to call the emergency service dispatchers, ask them for the application number and the time of its acceptance. By law, a locksmith must arrive within 2 hours of the call, but he only identifies the cause of the flood and tries to eliminate it.
5. A brief but succinct description of the flooded premises, indicating their area and listing everything that got wet. You can additionally indicate the height of the water layer on the floor in centimeters if the flood is so global. All household appliances damaged by water are also listed with names and brands, but not costs.
6. The cause of the flood - it must be clearly formulated, indicating all the likely culprits.
7. List of all commission members with their signatures.
8. Seal of the Criminal Code.

The law provides for specific deadlines for drawing up the act, but in order for this process to begin, you will first have to leave an application with the Housing Office. You will find a sample of writing an application to the Housing Office for drawing up a report on flooding of an apartment just below. Let's get back to the deadlines. According to Law No. 55-48/1 of 03/12/2001, 3 calendar days are given for drawing up an act, and according to the new rules (05/06/2011 N 354) - only 12 hours, which is not always feasible. An accident can happen in the evening, when the management companies are no longer working, or on weekends. In such situations, you need to be guided by a 3-day period, and some damage caused by the flood is detected only after a day or two (swelling of parquet and others).

Sometimes Management Companies, being the culprit of the flood, deliberately stall for time, feed the victim breakfast or do not give him a copy of the document, even upon written request. In this case, it would be reasonable to call an independent legal expert, notifying in writing the representative of the management company about the preparation of a new Bay Act and insisting on his presence.

How to write an application to the HOA

I keep my promise - I tell you how to correctly draw up a statement to the housing office in case of flooding with a request to record the fact of what happened. The document is drawn up randomly, but must contain:

1. Brief description of the accident.
2. Its date and time.
3. The number and time of the application to the ODS, the name of the dispatcher who accepted it.
4. List of filled rooms (without details).
5. Please identify the cause of the flood and the culprit.

Calculation of damage and peaceful settlement of the issue

In order to adequately calculate the amount of damage when an apartment is flooded, no matter whose fault it is - the neighbors or the operating company supervising the house, and to draw up a claim that is valid when going to court, you need to conduct an independent examination. This is worth doing even if the guilty party agrees to a peaceful resolution of the conflict and promises to compensate everything. Why? Because the verbal promise of some people means absolutely nothing, the next day they can forget about it and their conscience will not torment them, and you will be left with nothing. In addition, the costs of the expert are also indicated in the statement of claim with a request for recovery from the perpetrators.

How to compensate for damage if the perpetrators refuse to pay

If it was not possible to come to a peaceful agreement with the neighbors, that is, they flooded and refused to pay, then you will have to go to court. The statement of claim contains the following information:

1. The reason for petition.
2. Date and time of the incident.
3. Address of the victim and the perpetrator.
4. Amount of damage.
5. The fact of an unsuccessful attempt to resolve the issue peacefully.

The application must be supported by documents (certified copies) confirming the legality of the claim - certificates of ownership of the apartment, a deed of registration, results of an independent examination, photographs and others - a lawyer can best advise which ones exactly. The request to assign payment for his services and legal costs to the perpetrators must also be indicated in the application.

The court, as a rule, grants the plaintiff’s application if all documents are drawn up correctly. One such “victory” will immediately put in your place the insolent people who constantly pour water on you, but do not admit their guilt, do not open the door, or openly “send you away” in conversation. There are situations when neighbors regularly heat, but a little at a time, due to old pipes, but do nothing to fix the problem. They do not spoil property, but they leave unpleasant yellow stains on the ceiling and walls, turning a good repair into “nothing.” And in response to your requests they only smile sarcastically and feed you more promises to fix everything. By going to court, you can also fight with neighbors who constantly flood a little - just draw up a report each time and call an appraiser, and when several incidents accumulate, file a claim.

Don’t be afraid to stand up for your rights, especially if your upstairs neighbors are wealthy and insolent people who consider themselves “rulers of the world,” and everyone who lives more modestly as “nobodies.” This category of people needs to be put in their place so that it is discouraging, using only the letter of the law and avoiding assault.

What acts should the Management Company issue?

If the sewer is clogged, representatives of the Management Company must come to your apartment, record the fact of flooding and record all damage. And then, they will issue you an Apartment Inspection Certificate. This document indicates all damage and the cause of the flood.

Please pay your CAREFUL ATTENTION to the reason for the flood stated in the act The reason must be written clearly. As an option: flooding of an apartment with sewerage, flooding of an apartment with sewerage, flooding of an apartment with sewage water due to a clogged drain pipe... etc. There may be different wordings. But the meaning must be clear.

If utility companies avoid issuing an inspection report to you in every possible way or refuse to clearly state the reason, call our Help Hotline! +

We fight “heffalumps and woodpeckers” with their own means

Let's move on to the second question on the agenda - how to take revenge on the neighbors above for noise, din, stomping and other unacceptable behavior in the evening. Let me make it clear right away that I am against methods that involve damaging neighbors’ property. I am in favor of fighting insolent people using their own methods, especially since practice has shown that this approach is the most effective.

Here are a few ways to punish upstairs neighbors for constant noise, such as stomping, wild dancing, late-night repairs, rowdy behavior and rock concerts:

1. Record sounds from their apartment on a voice recorder and play them back in loop mode and at full volume when you are not at home and these “nonhumans” are resting.
2. Organize a concert by masterfully knocking on radiators with metal objects. Just warn other residents in advance that you are going to do this. Who knows, maybe they will join you.
3. Glue a radio point to the ceiling and turn it on at full power, and you yourself “escape” somewhere for a few days. It automatically turns off at midnight and turns on at 6 am, so the insolent people will not be able to make any claims against you, and you will fray their nerves considerably.
4. Buy your children a microphone and let them yell whatever they want into it - sing nursery rhymes, imitate animal sounds, etc., while you yourself have patience and earplugs.
5. Place a pan against the ceiling, for example, on a cabinet (its edges should fit tightly to the surface of the ceiling), put headphones on top and turn on heavy rock or Verka Serduchka (who knows what will catch your neighbors). In this case, the pan will work as an amplifier, but your apartment will be quiet.
6. Download programs on the Internet to reproduce various noises. One of them is called “Mizgoprav” and take revenge to your heart’s content.

Friends, there are many ways, but before you take action, try to come to an amicable agreement with your neighbors. Perhaps they do not fully understand how much they are bothering you with their behavior and “negotiations” will help resolve the conflict peacefully. I’ll finish here, and you write about your experience and methods in the comments. Goodbye.

Recovery of damages from the utility service! The most important section!

The management company in almost 100% of cases does NOT pay PRE-TRIAL! You can file pre-trial claims, talk with the director of the Management Company, persuade them - but they don’t pay any money. At least in pre-trial order.

Example: They tell you. “Yes, we will pay. But the money for the payment must be included in the budget for the next quarter.” You're waiting for the "next" quarter. Then the payment is postponed again, again, and again for another quarter. This is the tactic used by utility companies.

But in court they pay! Therefore, there is only a trial here. There is a very positive point! The management company is a legal entity. They DO have money in their checking account. Therefore, according to the writ of execution, after the trial you will receive the money.

Court cases with utility companies last 5-6 months.

Sanpin requirements

According to the terms of Sanpin, the sewerage system must be built in compliance with all the norms and rules regulated in this regulatory document, as well as in SNiP. Compliance with the requirements of SNiP and Sanpin guarantees long-term and efficient operation of the sewer system.

Failure to comply with Sanpin norms and rules will lead not only to a deterioration in the performance of the sewer system, but also to a deterioration in the quality of the supplied water.

In addition, by ignoring the rules and regulations of Sanpin, the developer will definitely be held accountable. If regulatory government bodies discover violations during sewer construction, then simply noticing will not do.

The violator will have to:

1. correct shortcomings made during sewer construction;
2. pay a fine for draining sewerage into a ditch, and if there was no drainage into the ditch, then a fine cannot be avoided anyway.

It is impossible to avoid a fine, since the environmental protection zone is carefully protected by government officials. The size of the fine is affordable and will make the offender think about not repeating past mistakes.

Normative base

Government Decree No. 491 of August 13, 2006 describes in detail the requirements for caring for the common property of residents of apartment buildings. It also defines the concept of common property. According to Article 2 of the section “Determination of the composition of common property”, these are:

• roofs;
• foundations;
• load-bearing walls;
• floors;
• entrances;
• stairs;
• sites;
• garbage chute;
• elevator;
• garbage and elevator shafts;
• basements;
• boiler rooms;
• in-house systems.

For your information,
Article 40 of Section IV of the document, which is called “Control over the maintenance of common property,” talks about the rights of residents to receive information regarding the work performed to repair the property of the house. Article 42 indicates the responsibility of the management organization to residents.

Examination of damage after an apartment was flooded

In order to assess the consequences of a leak and make a claim for compensation for damage to the person responsible for the flood, the victim must contact an independent expert organization that specializes in assessing restoration repairs after a flood.

The expert inspects the damaged property, after which he assesses the cost of restoration repairs.

It is advisable that the person responsible for the spill should be notified about the call of an employee of the expert organization and the time of the inspection. This can be done by sending a notice or telegram with return receipt requested.

The damage assessment report is completed on average within 3 days. After receiving it, the victim can already put forward a written pre-trial demand to the perpetrator of the flood.

FILLING

Dahl's Explanatory Dictionary. IN AND. Dahl. 1863-1866.

See what “FLOODING” is in other dictionaries:

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FILL - FILL, pour something, pour over, splash, pour over; flood, understand. The tablecloth is allowed to be poured on Saturdays. Do not fill the fire with oil. Pour the jelly, pouring a thick broth, meat, fish, onto the boiled parts, let it cool. Fill the grandmother... ... Dahl's Explanatory Dictionary

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Liability laws

To successfully solve the problem, you need to know which legislative acts are designed to help the owner of a residential premises receive compensation from the management office:

• Federal Law “On the Protection of Consumer Rights” (Articles 10, 12, 29). In this case, the owner of the apartment will be the consumer of services, and the management company will be their performer;
• Housing Code of the Russian Federation in terms of Article 161;
• Civil Code of the Russian Federation (Article 1064).

If necessary, the victim has the right to seek legal advice or use the services of a lawyer.

Is it necessary to send a claim to the culprit of the gulf?

The law does not impose on the person affected by the flood the obligation to present a pre-trial claim to the culprit, however, as a general rule, compliance with the pre-trial procedure for resolving a dispute is desirable.

What to consider when filing a claim:

• A claim for damages should be submitted after receiving a report on the assessment of damage and the cost of restoration, based on the figures provided in the appraiser's report.
• The claim should be accompanied by a copy of the report assessing the cost of restoration repairs, as well as a copy of the flood report, so that the culprit can see what the amount claimed in the claim was made up of.
• The claim must indicate the period within which funds must be paid
• The claim should be sent by registered mail with a list of attachments and acknowledgment of receipt
• The victim of the spill has the right to demand that the person responsible for the spill also reimburse the costs of conducting an independent assessment of the damage.

If the culprit of the flood does not voluntarily compensate for the damage caused within the prescribed period, you can exercise the right to judicial protection.
It is not necessary to send a pre-trial claim to the culprit of the flood.