Statement of claim for damages caused by flooding of an apartment

Accidents with water and heating in houses can become a harbinger of litigation, which begins with a claim for compensation for damage from flooding of the apartment. The culprit may refuse to compensate for the damage voluntarily. Or consider that it is not his fault in the bay. Situations may vary. But the basis for going to court with such a claim is always damage to property as a result of flooding with water.

Having established the fact that the apartment is flooded, it is important not to get confused. The owner must take a number of measures to avoid the difficulty of proving the circumstances of the bay in the future. And not only for the trial, but also in pre-trial proceedings. The prospect of a trial often depends on the correct algorithm of actions.

You will find this algorithm on the website. As well as general recommendations for drawing up and submitting documents to the court. Additional questions can be directed to the duty lawyer.

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Statement of claim for damages caused by flooding of an apartment

Pre-trial compensation for damage caused by flooding of an apartment

Despite the fact that the law does not provide for a mandatory pre-trial procedure for resolving such disputes, before going to court, you should send a claim to the guilty party demanding compensation for damage after the apartment was flooded. A pre-trial demand allows the victim to indicate the seriousness of his intentions to receive compensation for the damage caused, and also encourages the other party to seek a resolution to the current situation. The claim must indicate:

1. recipient of the claim;
2. sender of the claim;
3. date and time of flooding of the apartment, exact address, alleged cause of flooding and the person responsible;
4. requirements for the perpetrator, including the procedure for obtaining compensation;
5. date of preparation of the pre-trial demand.

The claim is signed by the victim, after which it is handed over personally or sent by registered mail with a list of the contents addressed to the recipient. No matter how the claim is sent, the main thing is that you have documents on hand confirming the fact that it was sent.

It is worth noting that the court always positively perceives the party’s intentions to resolve the conflict peacefully. In addition, the presence of an unanswered claim in the case may indicate dishonest behavior of the defendant and is used by the plaintiff to prove his case.

USEFUL : read how you can make a claim profitably through us, and also watch a video with additional tips on filing it

Procedure

If a problem is detected, affected citizens must first turn off the power supply to the apartment, and only then proceed with the following actions:

1. Call the housing office and call a technician to shut off the water supply.
2. Write a statement in two copies about the flooding of the apartment with a request to send a commission to draw up a flooding report.
3. Conduct an examination to assess the cost of damage. You should only contact a licensed company.
4. Wait for the expert's opinion and try to negotiate with the culprit peacefully.
5. If a neighbor is at fault, it is enough to show him an expert opinion and ask him to compensate for the harm verbally. If he refuses to comply with this requirement, a written complaint is sent. If its execution is refused, damages are recovered through the court. If the Housing Office is at fault, a pre-trial claim is sent and a copy of the conclusion is attached.

Determining the amount of compensation for flooding an apartment

In accordance with Art. 1064 of the Civil Code of the Russian Federation, damage caused to a person or property is subject to compensation in full. After flooding the apartment, the parties have the right to agree on an amount that will compensate for the damage caused. To do this, the injured party should record the damage (in a photo or video) and invite witnesses who will be able to confirm the visible damage in the future. It is permissible to compile the amount of compensation with a reasonable degree of reliability in the form of a table, after which, transfer the documents to the culprit of the flood so that he can express his position.

If the parties were unable to agree on the amount of compensation on their own, then they should contact a specialized organization engaged in the assessment of damaged property, building materials and apartment decoration. If there are disagreements after involving a third-party appraiser, to resolve the conflict, you will need to go to court with a statement of claim.

The damage assessment previously carried out by an independent appraiser will be a weighty argument in determining the amount of compensation. In addition, if any of the parties disagrees with the results of the assessment, the court, on its own initiative or at the request of a party, may order a forensic examination, therefore it is not recommended to carry out repairs on the premises until all issues regarding compensation for damage caused have been resolved.

Petition for appraisal examination

A petition is filed if the plaintiff did not conduct an examination in advance or the defendant interfered with the examination. It may be prepared as a separate document or included in the statement of claim.

The petition must include questions for the expert. Based on them, the specialist will prepare the examination result.

Main questions:

1. Cause of the accident.
2. The culprit of the bay.
3. The market value of the victim's apartment on the day of the inspection.
4. Market value of residential premises the day before the accident.
5. Does the price before the accident match the price after the accident.
6. How much did the value decrease as a result of the incident?
7. The cost of repairing an object for restoration.

Documents to court in case of flooding of an apartment

The statement of claim for compensation for damage caused by flooding of the apartment, in addition to the claim itself, includes the following documents:

• information about the plaintiff and defendant in the future lawsuit . We are talking about passports for individuals or extracts from the Unified State Register of Legal Entities for legal entities. The plaintiff also needs to confirm his ownership of the apartment and the defendant's ownership. If the fault for flooding the apartment is related to the actions (inactions) of the management company or developer, then an agreement will be required, the terms of which, apparently, were violated by these legal entities;
• documents confirming the circumstances of the case . To record damage and establish the amount of compensation, a conclusion from an independent appraiser is required;
• a receipt confirming payment of the state fee or a request for deferred payment;
• notification of delivery of a copy of the claim with attachments to the defendant or confirming the fact of sending the application to him;
• other documents recommended by a specialist from the Law Office “Katsailidi and Partners”. These may include: a copy of the claim previously sent to the defendant, a power of attorney from the plaintiff’s representative, and others.

Main reasons and how to identify the culprit

Most often, flooding of apartments occurs due to several factors, which determine the circle of perpetrators:

The housing office is responsible for equipment located outside the apartments. The owners are responsible for everything that is located in residential premises.

How does the apartment bay trial work?

This category of cases, depending on the amount of claims, is considered by magistrates or district courts. A civil case must be considered within two months from the date of receipt of the claim in court, but in reality it may take a longer period to consider the case.

After accepting the claim for proceedings, the court determines the date for the preliminary hearing in the case. In the ruling on preparing the case for trial, the court indicates to the parties what is required of them in addition to the previously presented materials. You must be fully prepared for the preliminary court hearing, since in cases involving flooding of an apartment, in the absence of objections from the parties, the court can proceed to the main hearing immediately after the preliminary hearing and consider the case on the merits.

The consideration of the case consists in the fact that the plaintiff substantiates his claims against the culprit of the flood in the apartment, and the defendant either accepts the claims or expresses his disagreement with them. If there is a dispute about the amount of damage, the parties have the right to request the appointment of a forensic examination to determine its amount.

After studying all the circumstances of the case, judicial arguments, remarks and studying materials, the court retires to the deliberation room to make a decision. The court decision comes into force after a month from the date of its production in final form, unless it has been appealed.

Recommended publications on the topic:

• Claims for recovery of damage caused by flooding of apartments and premises
• All claims for damages
• Bay of apartment, assessment and claim for damages
• The neighbors upstairs flooded. What to do? Where to contact?

To the Pushchino City Court of the Moscow Region 142290, Pushchino, Moscow Region, st. Gruzovaya, 2/1

Plaintiff: V.O.D. residing: 142290, Pushchino, Moscow region, microdistrict “V”, no. 28, apt. ... Tel. 8(496) ...

Defendant: Municipal enterprise "Housing and Communal Services Department" of the city district of Pushchino, Moscow region (MP UZHKH) OGRN No. 1025007774440 INN 5039000202. Address: 142290, Pushchino, Moscow region, Microdistrict "V", no. 2 Director Viktor Anatolyevich Stepanov Director's reception : tel

Third party: V.D.B (indicate full name, patronymic, place of residence (registration)

Cost of claim: 117,249 rubles, 70 kopecks. (according to Article 17 of Law No. 2300-1, consumers are exempt from paying state fees when going to court)

Statement of claim for compensation for damage caused by flooding of an apartment

I, V.O.D. I am the owner of 57/100 shares in the right to residential premises - an apartment located at the address: 142290, Pushchino, Moscow region, microdistrict "V", 28, apt. ... The owner of 43/100 shares in the right is my son V.D.B.

The management organization that carries out the maintenance and repair of the common property of multi-apartment residential building No. 28 in the microdistrict “B” in the city of Pushchin, Moscow Region, is the MP “UZHKH of the urban district of Pushchin, Moscow Region” (hereinafter also referred to as the “defendant”, MP “UZHKH”) .

On 06/09/2013, as a result of improper fulfillment by the defendant of his obligations under the management agreement for the specified apartment building, six apartments were flooded, including apartment No. ...

On 06/09/2013, representatives of the defendant drew up an inspection report for apartments 44, 38, 32, 26, 20, 14 of residential building No. 28, from which it follows that “wetting in apartments 44, 38, 26, 20, 14 occurred as a result cold water leaks in the niche between 44 and 50 square meters.”

On June 17, 2013, representatives of the defendant drew up an inspection report for apartment No. 26.

Based on the results of the inspection, the causes and consequences of the flooding of apartment No. 26 were established:

“..in the ceiling of squares 40, 50 a leak formed in the cold water riser, as a result of which in the square. 26 in the large room there is parquet 24 sq.m. (moved away from the base by 12 sq mm.) Parquet was poured in the kitchen (5.8 x 2.60) but did not move away from the base... In the hallway the parquet moved away from the base (1.80 x 5.20; 2.80 x 1, 05)"

On July 16, 2013, the chief engineer of the UZHKH MP compiled a defective statement, from which it follows that the parquet floor with an area of ​​30.5 sq.m. needs to be repaired.

On August 27, 2014, I contacted the defendant with a statement “to increase the estimated cost determined for the repair of floors due to flooding due to the fault of the housing and communal services department.” No response was received.

08/28/2014 As follows from the defendant’s estimate No. 448 dated August 28, 2014, the cost of restoration repairs was determined in the amount of 57,415 rubles, 03 kopecks.

On September 10, 2014, I contacted the defendant with a “statement on the procedure for paying compensation in connection with a flood caused by MP UZHKH,” in which it was proposed to either pay me the entire amount amounting to the amount of damage caused (not disputed by the defendant), or offset the amount payable for damage caused by the flood to the apartment against future payments for the maintenance of the common property of the apartment building.

There was no response to this statement.

As stated above, from the inspection report it follows that the flooding of the apartment occurred due to the fact that “a leak in the cold water riser formed in the ceiling of apartments 40 and 50.”

Both floors and risers belong to the common property of the owners, the responsibility to maintain which in proper condition lies with the management organization.

In particular, according to paragraphs. in paragraph 2 of the Government of the Russian Federation of August 13, 2006 No. 491, the common property includes... enclosing load-bearing structures of an apartment building (including foundations, load-bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other enclosing load-bearing structures).

And according to clause 5 of the said government decree, the common property includes in-house engineering cold and hot water supply systems, consisting of risers...

From the above it follows that the defendant does not dispute both the guilt of causing damage as a result of the flooding of the apartment, and the amount of damage in the amount of 57,415 rubles, 03 kopecks.

1. Losses

As provided for in paragraph 1 of Article 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm. The person who caused the harm is released from compensation for harm if he proves that the harm was not caused through his fault (clause 2).

According to parts 1, 5 of Article 161, Article 162 of the Housing Code of the Russian Federation and paragraph 10 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491, the management of an apartment building must ensure favorable and safe living conditions for citizens, the maintenance of common property in an apartment building in accordance with the requirements of the legislation of the Russian Federation (including on sanitary and epidemiological welfare of the population, technical regulation, protection of consumer rights).

In accordance with Part 2.3 of Article 161 of the Housing Code of the Russian Federation, when managing an apartment building by a management organization, it is responsible to the owners of the premises in the apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of the common property in this building and the quality of which must comply requirements of technical regulations and the Rules for the maintenance of common property in an apartment building established by the Government of the Russian Federation.

According to clause 42 of the Rules for the maintenance of common property in an apartment building..., approved. By Decree of the Government of the Russian Federation of August 13, 2006 N 491, management organizations ... are responsible to the owners of premises for violation of their obligations and are responsible for the proper maintenance of common property in accordance with the legislation of the Russian Federation and the contract.

The rules and regulations for the technical operation of the housing stock, approved by Decree of the State Committee of the Russian Federation for Construction and Housing and Communal Sector dated September 27, 2003 N 170, determine that the maintenance of a building includes a set of works to maintain in good condition elements and intra-house systems, specified parameters and operating modes of its structures, equipment and technical devices.

2. Law of the Russian Federation N 2300-1 “On the Protection of Consumer Rights” is applied to the legal relations of the parties related to the provision by the defendant of services for the maintenance and servicing of the housing stock.

Based on the content of the preamble of the law on the protection of consumer rights, taking into account the explanations of the Supreme Court of the Russian Federation set out in paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the consideration by courts of civil cases in disputes on the protection of consumer rights” dated June 28, 2012 N 17, to controversial legal relations parties (improper provision of services for the maintenance of common property of apartment buildings), the provisions of the Law of the Russian Federation “On the Protection of Consumer Rights” are applicable.

Paragraph 8 of Article 29 of the Law on the Protection of Consumer Rights stipulates that the consumer, upon discovery of deficiencies in the service provided, has the right to demand full compensation for losses caused to him in connection with the deficiencies in the service provided.

3. Penalty in favor of the consumer

As stated above, the legal relations between the plaintiff and the manager related to the maintenance of common property are subject to the requirements of the Law of the Russian Federation “On the Protection of Consumer Rights”.

In accordance with paragraph 1 of Article 31 of the Law of the Russian Federation “On the Protection of Consumer Rights”, consumer demands for a reduction in the price for work performed (service provided), for reimbursement of expenses for eliminating deficiencies in work performed (service provided) on their own or by third parties, as well as the return of money paid for work (service) a sum of money and compensation for losses caused in connection with refusal to fulfill the contract, provided for in paragraph 1 of Article 28 and paragraphs 1 and 4 of Article 29 of the same Law, are subject to satisfaction within ten days from the date of presentation of the corresponding demand.

According to paragraph 3 of Article 31 of the above Law, for violation of the deadlines provided for in this article for satisfying individual consumer requirements, the contractor pays the consumer a penalty (penalty) for each day of delay, the amount and procedure for calculating it are determined in accordance with paragraph 5 of Article 28 of the Law.

Paragraph 5 of Article 28 of the Law provides for a penalty for each day (hour, if the period is defined in hours) of delay in the amount of three percent of the price of performing the work (providing a service), and if the price of performing the work (providing the service) is not specified in the contract for the performance of work (provision of services) determined - the total order price.

The above legal position on the collection of a penalty from the management organization for violating the deadlines for satisfying consumer claims for compensation for damage caused by flooding of an apartment is reflected in judicial practice. See for example:

• appeal ruling of the Moscow City Court dated February 26, 2015 in case No. 33-1193;
• appeal ruling of the Moscow City Court dated October 14, 2014 in case No. 33-34950/14

From the above it follows that I submitted an application “on the procedure for paying compensation in connection with a flood caused by MP UZHKH” on September 10, 2014. Consequently, the obligation to compensate for damage should have been fulfilled by the defendant no later than September 20, 2014, but has not yet been fulfilled.

Thus, the delay in execution for the period from September 20, 2013 to July 10, 2015 was more than 9 months, and therefore the amount of the penalty is 465,061 rubles, 74 kopecks. (RUB 57,415.03 x 3% x 270 (days)).

However, in accordance with clause 5, part 5, art. 28 of the Law “On the Protection of Consumer Rights”, the amount of the penalty (penalty) collected by the consumer cannot exceed the price of a separate type of work (provision of a service) or the total price of the order, if the price of a separate type of work (provision of a service) is not determined by the contract for the performance of work ( provision of services), in connection with which the amount of the penalty is 57,415 rubles, 03 kopecks.

4. Compensation for moral damage

According to Art. 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”, moral damage caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer rights protection, subject to compensation by the causer of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.

Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.

In paragraph 45 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights” it is stated that “when the court decides the issue of compensation for moral damage to the consumer, a sufficient condition for satisfying the claim is the established fact of violation consumer rights.

The amount of compensation for moral damage is determined by the court regardless of the amount of compensation for property damage, and therefore the amount of monetary compensation collected for compensation for moral damage cannot be made dependent on the cost of the goods (work, service) or the amount of the penalty to be collected. The amount of compensation awarded to the consumer for moral damage in each specific case must be determined by the court, taking into account the nature of the moral and physical suffering caused to the consumer, based on the principle of reasonableness and fairness.”

The moral damage caused by the defendant is that I, a labor veteran, a 76-year-old pensioner, suffering from diseases of the joints and spine, for whom it is especially difficult to walk and stand, had to come many times to different offices of the housing and communal services department, where I was not always accepted due to their perpetual busyness or absence of the necessary official, reminding me about the repairs that they have been obligated to do to me since the summer of 2013, writing statements without receiving any repairs, monetary compensation, or even a written response, and feeling absolutely powerless.

I consider compensation for moral damage in the amount of 20,000 rubles reasonable and fair.

5. Penalty in favor of the consumer for non-satisfaction of requirements

According to paragraph 6 of Article 13 of the Law on the Protection of Consumer Rights, when the court satisfies the consumer’s requirements established by law, the court collects from the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily satisfy the consumer’s requirements a fine in the amount fifty percent of the amount awarded by the court in favor of the consumer.

As stated in paragraph 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”, when the court satisfies the consumer’s demands in connection with the violation of his rights established by the Law on the Protection of Consumer Rights, which were not satisfied voluntarily by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer), the court collects a fine from the defendant in favor of the consumer, regardless of whether such a requirement was stated to the court (clause 6 of Article 13 of the Law).

Since the defendant MP "UZHKH" did not voluntarily fulfill my demands for compensation for damage caused as a result of the flooding of the apartment, a fine in the amount of 57,415.03 rubles is subject to recovery from the defendant. ((57,415.03 (repair cost) + 57,415.03 (amount of penalty): 2).

6. Re-flooding of the apartment due to the fault of the defendant

On May 2, 2015, apartment No. 26 was flooded again.

The defendant does not deny guilt in causing the damage, as is expressly stated in the act dated May 28, 2015.

The amount of damage was also determined by the defendant - estimate No. 253 was drawn up. The cost of restoration repairs was determined in the amount of 2,419 rubles, 64 kopecks. ………………..

Thus, the price of the claim is 117,249 rubles, 70 kopecks. (57,415 rubles, 03 kopecks - the amount of damage caused by the flooding of the apartment on June 09, 2013 + 57,415 rubles, 03 kopecks, which is the amount of the penalty + 2,419 rubles, 64 kopecks, which is the amount of damage caused as a result of the flooding of the apartment on May 02. 2015).

Based on the above, I ask the court:

1. To collect from the Municipal Enterprise “Housing and Communal Services Administration” of the Pushchino Urban District of the Moscow Region (MP UZHKH) (OGRN No. 1025007774440, INN 5039000202), located at the address: 142290, Pushchino, Moscow Region, Microdistrict “V”, no. 2 in favor of V.O.D., registered at the address: Moscow, st. Ak. Vargi, 38, apt. ..., 57,415 rubles, 03 kopecks, representing the amount of damage caused by the flooding of the apartment on 06/09/2013;

2. To collect from the Municipal Enterprise “Housing and Communal Services Administration” of the city district of Pushchino, Moscow Region (MP UZHKH) (OGRN No. 1025007774440, INN 5039000202), located at the address: 142290, Pushchino, Moscow Region, Microdistrict “V”, no. 2 in favor of V.O.D., registered at the address: Moscow, st. Ak. Vargi, 38, apt. ..., 57,415 rubles, 03 kopecks, constituting the amount of the penalty for violating the deadlines for satisfying the consumer’s claim for compensation for damage caused by the flooding of the apartment on June 09, 2013;

3. To collect from the Municipal Enterprise “Housing and Communal Services Administration” of the city district of Pushchino, Moscow Region (MP UZHKH) (OGRN No. 1025007774440, INN 5039000202), located at the address: 142290, Pushchino, Moscow Region, Microdistrict “V”, no. 2 in favor of V.O.D., registered at the address: Moscow, st. Ak. Vargi, 38, apt. ..., 57,415 rubles, 03 kopecks, constituting the amount of the fine for failure to voluntarily satisfy the consumer’s demands for compensation for damage caused by the flooding of the apartment on June 09, 2013;

4. To collect from the Municipal Enterprise “Housing and Communal Services Administration” of the city district of Pushchino, Moscow Region (MP UZHKH) (OGRN No. 1025007774440, INN 5039000202), located at the address: 142290, Pushchino, Moscow Region, Microdistrict “V”, no. 2 in favor of V.O.D., registered at the address: Moscow, st. Ak. Vargi, 38, apt. ..., 20,000 rubles as compensation for moral damage;

5. To collect from the Municipal Enterprise “Housing and Communal Services Administration” of the city district of Pushchino, Moscow Region (MP UZHKH) (OGRN No. 1025007774440, INN 5039000202), located at the address: 142290, Pushchino, Moscow Region, Microdistrict “V”, no. 2 in favor of V.O.D., registered at the address: Moscow, st. Ak. Vargi, 38, apt. ..., 2,419 rubles, 64 kopecks, constituting the amount of damage caused as a result of the flooding of the apartment on May 2, 2015.

Signature __________________ /V.O.D.

Attachments : (the defendant has copies of all attached documents)

1. copy of the certificate of registration of the plaintiff’s right to residential premises dated 07/09/2012. V.O.D.; a copy of the certificate of registration of the right to the apartment V.D.B.; 2. a copy of the application for the procedure for paying compensation in connection with a flood due to the fault of MP UZHKH dated September 10, 2014; 3. copy of estimate No. 448 dated August 28, 2014 in the amount of 57,415 rubles; 4. a copy of the application for an increase in the estimated cost determined for the repair of floors due to flooding due to the fault of the housing and communal services department dated August 27, 2014; 5. copy of the defective statement dated July 16, 2013; 6. copy of the act on the bay dated June 17, 2013, approved. MP UZHKH; 7. copy of the inspection report dated June 9, 2013, signed. Master of Housing and Communal Services; 8. a copy of the technical passport of the apartment at the address: Pushchino, Moscow region, microdistrict “V”, no. 28, apt. 26; 9. copy of the management agreement for an apartment building No. B-28/2013 with MP “UZHKH” dated January 1, 2013; 10. copy of V.O.D.’s application in MP UZHKH dated May 18, 2015 about a new flood (and damage to the floor covering) that occurred on May 2, 2015 due to the fault of MP UZHKH; 11. copy of estimate No. 253 dated June 6, 2015; 12. copy of the inspection report of MP UZHKH dated May 28, 2015; 13. copy of the defective statement dated May 28, 2015; 14. copy of the statement of claim for the defendant and a third party*

* From October 1, 2019, the plaintiff must independently send the statement of claim and its attachments to the participants in the process

Until October 1, 2021, the plaintiff sent to the court copies of the statement of claim and appendices to it according to the number of defendants and third parties, and the court sent the received documents to all participants in the process named in the claim.

From October 1, 2021, the plaintiff must independently send to other participants in the process a copy of the claim and other documents attached to the claim, and provide confirmation of their sending to the court (clause 6 of Article 132 of the Code of Civil Procedure of the Russian Federation).

In paragraph 14 of the appendix to the above statement of claim, reference should be made to “a notice of delivery or other documents confirming the sending to the defendant and a third party of copies of the statement of claim and the documents attached to it, which they do not have.”

We recommend:

All documents to the court (procedural documents):

Statements of claim to court; Applications to court (public legal relations, special proceedings..); Petitions to court, statements; Objections (response) to the statement of claim, complaint, arguments to the court; Complaints to the court (appeal, cassation, supervisory, private); Complaints against a decision in a case of an administrative offense; Complaints to the prosecutor's office and other authorities; Complaints, statements, petitions in criminal proceedings; Other procedural documents; Pre-trial claims (samples), demands, responses to claims.

How to win a claim for damages after a flood?

Litigation always involves some risk. In some processes the risk is higher, in others it is lower, but it still exists. This is due to the fact that it is impossible to predict the actions of one’s opponent, and no one can know in advance all the documents that will be presented by the parties during the trial. You can minimize the risk of becoming a losing party in a court case by following the following basic rules:

1. identify the defendant in the case . A claim filed against an improper defendant will be denied, so the proper culprit for the flooding must be identified before the trial. The alleged culprits could be neighbors, the developer, a management company or another organization that manages the house. If the owner of the apartment is unknown, then you can find him out at the territorial office of Rosreestr;
2. prepare carefully for the trial . It is necessary to collect as much useful material as possible for the trial. The main evidence will be an assessment of the damage caused and recording the fact of flooding by a specific person;
3. comply with all procedural formalities . These include both advance payment of state fees and support of your position directly at the meeting;
4. seek help from a professional lawyer . If you doubt your success, we recommend that you seek help from a specialist in this category of cases. The assistance of a lawyer can play a key role in achieving a positive result in a case for compensation for damage caused by an apartment flood.

Claimant's costs

If, when flooding an apartment, the victim did not settle the dispute with the culprit out of court, then in order to initiate a lawsuit, costs will be required for:

• State duty - from 400 to 60 thousand rubles, depends on the price of the claim and is established by Art. 333.19 Tax Code of the Russian Federation;
• postal delivery – up to 200 rubles;
• representative services – up to 20 thousand rubles;
• filing a claim – from 3 thousand rubles;
• expertise – prices depend on the region;
• assessment – ​​determined by the company individually.