Flooded neighbors from above: what to do and where to go

Drawing up a defective act if neighbors from above or other persons flooded your apartment through their own fault

Based on the inspection report, defective reports are drawn up:

• a defective act for the repair and construction work of damaged premises that were flooded (drawn up by the operating organization);
• a defective act on damaged property affected by flooding (drawn up by an insurance organization or an organization entitled to conduct an independent examination to assess the property). In practice, it is drawn up by an inspection report by a person carrying out an independent assessment.

Until the drawing up of defective acts, one should refrain from eliminating the consequences of the flood in order to ensure the possibility of fixing the damage caused, which appeared after drying, the flooded home furnishings and decorations. If self-healing (drying, etc.) is possible for finishing elements that have lost their consumer qualities, the specified defective act is drawn up no later than 20 calendar days from the date of drawing up the inspection report. In this case, on the day of the survey on the fact of flooding, the operating organization should set the date and time for the next survey to draw up a defective report and record in writing the fact that all interested parties are aware of this.

In the defective act for repair and construction work, the types and volumes of repair and construction work, the quality and types of finishing materials for the repair of damaged premises are indicated. If after some time new damages appear, according to the author of the article, the operating organization should be called again to draw up a repeated defective act. On the basis of a defective act for repair and construction work, at the request of one of the interested parties, an estimate is drawn up in accordance with the established procedure for repair and construction work of damaged premises, taking into account the quality of damaged finishing materials and structural elements. The estimate can be drawn up by any organization that has the right to the specified type of activity.

The interested parties (the victim and the guilty party) are familiarized with the inspection report, the defective repair and construction work report and the estimate for the repair and construction work of the damaged premises against signature or by registered mail.

In order to compensate for the damage caused to the property of citizens (furniture, household appliances, personal belongings, etc.), an insurance organization or an organization entitled to conduct an independent examination to assess the property, at the request of the interested parties, draws up a defective act on the damaged property (in practice, an inspection report ), specified in the survey report, and in accordance with it, the amount of damage caused to the household property of citizens is determined. To do this, after drawing up an inspection report on the fact of flooding, it is necessary to contact independent appraisers (to the insurance company, if the property was insured) to conduct an inspection with prior notification of the perpetrator of the flood to ensure conditions for the most objective and indisputable inspection of the damaged property, fixing its condition and subsequent assessment the damage done. After receiving the conclusion and the assessment report, it will be possible to discuss in detail with the upstairs neighbor (other person) who flooded your apartment, the issue of compensation for damage.

In case of disagreement on the issues of compensation for the cost of repair and construction work and compensation for damage to property, the dispute is resolved in court.

If the upstairs neighbors flood your apartment all the time and repairs are expensive, it may be worth considering the possibility of insuring your property, and maybe liability.

For questions about the assessment and compensation for damage during flooding, see the article: "Compensation for damage when flooding an apartment."

Search for the culprit of the flood

To determine the person responsible for the flooding of your apartment, you need to find out where the water leaked. After all, neighbors who forgot to close the tap are, oddly enough, not the most common cause of leaks.

More often there is a breakthrough in the water supply riser. This situation is especially relevant for old houses with worn-out communications, where pipelines need to be replaced. In this case, the procedure for determining the culprit is more complicated than in the situation with a tap that they forgot to turn off.

Do not rush to blame the neighbors for the current emergency, even if water flows from their apartment

So, if a breakthrough happened in the water supply system, then the culprits may be:

• the management company (MC), if a leak is detected before the first shut-off device, for example, a shut-off valve in the upper apartment;
• neighbors from above, if the leak is after the specified disconnecting device - a tap.

Such an algorithm for determining the culprit of the accident is established by the Rules for the maintenance of common property in an apartment building (hereinafter referred to as the Rules), approved by Decree N 491 of the Government of the Russian Federation of August 13, 2006, as well as the Civil Code of the Russian Federation (Civil Code of the Russian Federation) and the Housing Code of the Russian Federation (LC RF) .

Art. 210 of the Civil Code of the Russian Federation establishes the responsibility of owners for the maintenance of their property. According to Art. 36 LC RF and art. 290 of the Civil Code of the Russian Federation, the owners of residential premises are the owners of the communications of the entire house on the basis of the right of shared ownership.

The agreement concluded by the owners with the management company delegates responsibility for the safety of common house communications to managers.

The first disconnecting device (locking ball valve) in the apartment is a kind of dividing point that delimits the areas of responsibility: before the valve - the company, and after - the owner of the apartment. This is how clause 5 of part 1 of the Rules is defined.

But with a breakthrough in the heating system, there are no distinctions. Regardless of the location of the heated towel rail, risers and heating radiators, their breakthrough entails the responsibility of the management company (clause 6, part 1 of the Rules). Moreover, judicial practice on the application of this legislative act already exists.

However, there are exceptions to this rule. If an independent conversion of the heating system was carried out in the apartment and no one notified the company responsible for the condition and maintenance of the house, the fault for the leak will fall on the owner of the converted apartment.

How to get reimbursed for expenses

There are several options for the development of events. If the upstairs neighbors admit their guilt and agree to pay damages to the injured homeowner, this can be called a peaceful solution to the problem. The likelihood that the perpetrators will pay for repairs voluntarily, in a pre-trial order, is high. Since after the trial they will most likely have to pay not only for repairs, but also cover legal costs and compensate for the costs of apartment appraisal services.

If they do not agree, use the second option - solve the problem within the framework of the court session. If the neighbors from above are really to blame for flooding the dwelling, then they will be obliged to fully cover all losses.

What steps to take to resolve the dispute

If the affected homeowner wants to resolve the problem peacefully, he needs to draw up a pre-trial claim and send it to the neighbors who staged the flood.

The easiest way to compensate for losses after the neighbors from above have flooded is to agree with them on voluntary payment for repairs

When making a claim, you need to pay attention to a number of significant nuances:

• the claim is always made in writing;
• it is given to the addressee in person or sent by registered mail with acknowledgment of receipt;
• copies of the appraisal examination and estimates for repair and construction work must be attached to the claim;
• in order to avoid a situation with a delay in the response, it is recommended to set the time limits after which the victim will file a claim with the court.

When writing a claim, you need to pay attention to certain items that must be present without fail. These include:

• information about the victim;
• information about the cause of the flood;
• the amount of claims against the neighbor;
• documentary confirmation of the fact of the gulf;
• the circumstances under which the incident occurred;
• General requirements;
• deadline for receiving a response;
• number, signature of the compiler.

If the upstairs neighbors agree to pay for the damage, it is recommended to go to the notary and conclude an agreement on damages. This document is beneficial to both parties, because, on the one hand, it will confirm the transfer of money from a neighbor from above, as the culprit of the flood, and on the other hand, it will exclude the victim’s attempts to receive additional money.After the transfer of funds, it is recommended to write a receipt confirming the receipt of money and the absence of claims from the parties on this issue.

How to get compensation for harm through the court

Litigation regarding flooding of apartments is individual. The claim may be accepted or rejected. The perpetrator of the flood has the right to consider the claims made against him unfounded and file a counterclaim.

The legal process may drag on for a long time, and the funds due to the injured person may not be paid immediately. Compensation established by the court must be made within five days, the actual amount due can be transferred much later.

To resolve the issue in court, you need to prepare the following documents:

• a statement of claim written in accordance with Article 131 of the Civil Code of the Russian Federation;
• a copy of the act on the bay drawn up by the authorized commission;
• an estimate indicating the cost of repairing the premises;
• a copy of the assessment report of an independent expert;
• documents confirming the costs of the appraiser's services;
• certificate of ownership of the premises that was flooded;
• identification.

In accordance with paragraph 5 of Article 23 of the Code of Civil Procedure of the Russian Federation, if the amount requested by the victim is less than 50 thousand rubles, the claim is considered in a magistrate's court or in a city (district) court. If the amount is greater, the statement of claim is filed with the city or district court (Article 22 of the Code of Civil Procedure of the Russian Federation).

If during the period of consideration of the case there is a repeated flooding, then it is necessary to draw up a new act, adjust the estimate and attach the documents to the case materials.

If the decision was made in favor of the injured person, an application for enforcement of the judgment must be filed.To do this, you should appear in the territorial department of bailiffs and transfer the writ of execution there.

Fixing the accident on paper

Now we are moving on to the only possible solution to the problem if the neighbors do not compromise, or if the utilities are responsible for the accident. You found out what caused the flooding of the apartment, called the emergency service, temporarily eliminated the water leak, and also recorded everything that happened on camera.

Now it is important to call the utility service or the company that maintains your multi-storey building. You will also need other neighbors (not the ones who flooded) as witnesses

Next, we begin to draw up an act in the following order:

You must provide the full address of the flooded apartment.
Next, write down the date of flooding and the approximate time.
Following this, write down everyone who is present next to you as witnesses and witnesses.

It is important to indicate not only their passport data, but also the positions they occupy in the house management.
The act prescribes the cause (or possible cause, if it is not exactly established) of the flood.
The next thing to do if you are drowned by neighbors from above is to make an inventory of the damage. You write down what equipment was disabled as a result of the flood, how and what kind of furniture was damaged, where exactly repairs will need to be carried out.
At the end, it is important to indicate that you are attaching a photo and video filming to the act at the time the flood was discovered.

Attention! Be sure to indicate that you did the damage assessment “by eye”. In the future, after the examination, it may turn out that the flood brought much more harm than you thought, but nothing can be done

Therefore, pay attention to this paragraph and request an examination, and only after it already stipulate the exact amount of recovery from the culprit.

Remember also that if the neighbors are heating, as you think, the fault may not necessarily lie with them. In the event that the flooding occurred due to the negligent attitude of public utilities, they will in every possible way reduce the degree of their involvement in the incident

Therefore, it is important to ensure that all the moments and nuances of the accident are indicated in the act, and that each employee of this service puts his signature

Sometimes you can negotiate with neighbors for damages

We are suing the neighbors who flooded

Before contacting a lawyer or lawyer, ordering an examination or going to court, try to negotiate with the neighbors who flooded you. Estimate the real damage to restore your apartment, which suffered from flooding and report the resulting amount to the culprit of the event.

If the tenants from above declare that the amount of damage calculated by you is overstated, then this is already a good signal for resolving the problem without a trial. This means that people understand their guilt, they are ready to make amends for it, but they have doubts about your honesty. Try to dissuade them: offer to jointly calculate the upcoming costs of repairing an apartment, buying furniture, or offer to hire an expert together to calculate the cost of such costs.

If the neighbors living upstairs understand their fault, admit that they flooded your apartment, but say that they do not have so much money to cover the damage at a time, go to meet them and offer to pay in installments in installments as repairs are completed.In this case, it is better to draw up an appropriate receipt or agreement with the neighbors that they admit the fault in flooding the apartment and agree to pay such and such a sum of money in compensation for damage in such and such a period according to the established schedule.

But, if your opponents from above do not make contact, do not see their guilt, do not believe your calculations of damage, you have only one way - to court. Therefore, let's take a step-by-step look at your next steps in judicial compensation for damage:

First, we turn to an independent expert organization to obtain a commodity expertise to determine the cost of restoring a flooded apartment, as well as the cost of damaged furniture and household appliances. The expert will set the day of departure, notify the guilty neighbors about the date of the examination, come to the apartment, photograph and describe the damage, and, based on the result of his work, in a few days, will give you an expert opinion. In terms of cost, the work of an expert can cost you 10-30 thousand rubles (depending on the region where the apartment is located and the amount of damage).

We independently prepare a statement of claim to go to court or contact a lawyer who specializes in cases of compensation for damage to citizens. The work of a lawyer in a trial in such a case can cost from 20 to 100 thousand rubles, and even more (depending on the city and the complexity of the process). We pay the state duty for going to court, which is calculated from the amount of your claims against the defendant. So, with the amount of claims in the region of 100 thousand rubles, the state duty will be 3 thousand rubles. The state duty calculator can be found on the Internet and look at it - what amount of money for the state duty to prepare for filing a lawsuit in court.

Litigation in cases of this category usually lasts several months. If an expert examination is appointed on the case, the trial may last six months or more. If the defendant, the upstairs neighbor, does not agree with the amount of your claims for damages, a forensic commodity examination will be appointed in the case. If the defendant is generally against the fact that the flooding was due to his fault, the court may order an expert examination to determine the cause of the flooding of the apartment.

Execution of a court decision - receiving money from neighbors from above

It is clear that if you failed to negotiate with your opponent without a trial, then it is unlikely that he will agree to voluntarily pay money by court order. Yes, with all your expenses.

Therefore, at the end of the process, we receive a writ of execution in court (in case a lawyer does not collect money from you) and contact the bailiff service at the place of registration of the defendant (usually in the same area where the apartment is located). We provide bank details to the bailiff.

After completing these actions, we are waiting for the receipt of money won from neighbors from above to our current account (bank card). If there is no money within two months, it is advisable to contact the bailiff and find out the reason for the non-execution of the court decision. It may happen that the debtor does not work, does not own a car, does not have a bank account. In this case, you should insist that the bailiff go to the debtor's apartment, describe and seize all more or less valuable property from it.

Since the damage in such cases usually does not amount to very large amounts, the property located on top of the apartment (furniture, household and computer equipment, jewelry, etc.) may well be enough after the sale as part of enforcement proceedings to compensate for the damage caused to them.

Lawyer Gennady Efremov

Listen to the author of this site - lawyer Efremov. He talks about what to do if you are flooded by neighbors above:

How to determine the culprit of the flood

Responsible for the incident can be both the owner of the apartment from above and the management company (HOA, ZHSK), which did not fulfill its obligations to timely repair and maintain in a condition suitable for operation, engineering systems or structures of an apartment building.

In accordance with Decree of the Government of the Russian Federation of August 13, 2006 No. 491, the Criminal Code is obliged to compensate the consumer for damages if the accident occurred:

• in intra-house engineering systems of hot water and cold water, consisting of risers, branches from risers to the first disconnecting device;
• in drainage systems, consisting of sewer outlets and fittings (pipes, transitions, bends, crosses, tees), risers, branches from risers to the first butt joints;
• in heating systems consisting of risers, control and shut-off valves, heating elements *;
• on the roof, attic, including in case of malfunction of engineering equipment (broiler, boiler room, etc.).

*Note: in case of leakage of a heating element (radiator, convector), which was installed by the owner, management companies, as a rule, try to prove that it is the owner of the apartment who is to blame.

But the courts often do not support this position.In their opinion, a battery breakthrough may well occur if the requirements for the operation of engineering networks are not observed. For example, with excessive pressure in the pipes of the heating system.

Therefore, in the event of a dispute, it is recommended to involve independent experts who will help determine the cause of the accident.

If the leak is due to:

• rupture of hoses supplying water to a mixer, toilet bowl, household appliances (washing machine or dishwasher);
• violations of the waterproofing of underfloor heating that were connected to the heating system contrary to the norms of the law;
• leaks of water supply pipes located behind the first shut-off device (for example: supplying water to individual cold and hot water metering devices);
• other similar situations

then the owner of the dwelling located above the flooded apartment is considered the culprit of the incident.

Responsibility for flooding a dwelling comes in accordance with paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation: the person who is responsible for the accident is obliged to compensate for the damage caused in full.

The fact of transferring housing for rent does not matter, since it is the owner of the property who is responsible for maintaining the intra-apartment communications in a suitable condition (Article 210 of the Civil Code of the Russian Federation, clauses 3 and 4 of Article 30 of the LC RF).

But if the situation that arose was provoked by the tenant (for example: the tenant, leaving for work, forgot to turn off the tap in the bathroom), then it is the tenant who is found guilty.

In the event that the fault of the tenant is proven, and the owner of the dwelling voluntarily paid the damage out of his own pocket, he has the right to recover the amount paid from the tenant by way of recourse.

A guide for those who have leaked

The situation when you flooded someone is also not out of the ordinary. What then to do? Don't panic and take action.

We went into the apartment, and there is water under your feet with a dry ceiling? Shut off the water source immediately if it is obvious (for example, you forgot to turn off the tap). Can't cover? Call emergency.

Next, run to the neighbors below with an apology and an offer of help. It is pointless to hide, you still have to answer, and at least try to maintain good relations.

Be sure to go to draw up a damage report. This is what you need, so that the excess of the lost property is not attributed. If, nevertheless, there are registrations, you should apply to the court with a statement for an independent examination. Article 1064 of the Civil Code of the Russian Federation states that the party that caused harm is obliged to compensate it in full. But the amount can be reduced in the course of an independent examination.

Flooded neighbors: the procedure for the victim

When all the specialists arrive at the place, it is necessary to fix the fact of flooding.

Filling out an act describing the accident

By this time, you should have photographed all the destruction. It is desirable to find two or three witnesses, it is possible among the neighbors. It is likely that the tenants from the apartment below were also affected - contact them. The act is drawn up by an employee of the Criminal Code, HOA, housing department.

What to display in the act

• The address of your apartment.
• Current date: day, month, year.
• Full name: yours, responsible for the flood, witnesses, representative of utilities with an indication of the position.
• The reason for the document. Established or suspected cause of flooding.
• Description of damage. In what room, in what areas, and in what form, damage was found. It can be stains, streaks, puddles, on the floor, walls, ceiling.Also include a list of damaged items. Indicate that the damage was discovered on the day of the inspection. What comes to light is later also fixed by a specialist from the utilities.

In the last part, it is necessary to indicate the fact of taking photographs and the fact that the document was drawn up on the basis of the inspection. If possible, print out the pictures and attach them to the papers. It is necessary to carefully monitor what exactly is brought into this paragraph, since the damage can be deliberately underestimated. Don't be afraid to comment. The act is certified by the signatures of all those who participated in its preparation. Refusals in signatures are noted separately. If the guilty neighbors do not want to sign, it is not scary. You can still sue them and demand a refund. The second copy of the document must remain with you.

Solving the problem peacefully

Of course, it is better to negotiate with the culprit without litigation, as it can last for many months. All this time it is impossible to make repairs - verification examinations will be required either from your side or from the side of the defendant.

If you can come to a consensus, draw up a cost estimate and an indemnity agreement. Be sure to certify it with a notary - it will be safer for both you and your neighbor. The Flood Manager will confirm their intention to pay compensation and make sure that you do not try to get additional benefits.

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Solving the problem through the court

Neighbors flooded the apartment, but refuse to pay compensation? First you need to conduct an independent examination - to make it better a few days after the accident.You pay for the services of an appraiser, but after a court decision, the cost is reimbursed by the losing party.

The person responsible for flooding must be notified of the examination by telegram or registered mail 5 days before it begins. So that you have confirmation that you sent the information.

It is advisable to find checks that indicate the cost of damaged household appliances and other things. If they are not available, the amount will be calculated at the average market prices in your area. In addition to material costs, moral damage can be included in the estimate.

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The invited specialist must have a qualification certificate, and the company in which he works must have an SRO permit. It is imperative to conclude an agreement with him, receive a receipt from him, a signed acceptance certificate, a claim addressed to the person responsible for the accident. The latter lists the cause of the flood, its consequences, and the signature of the one who will be held responsible. After the assessment is completed, you can apply to the court.

A package of documents for applying to the court

• Statement of claim.
• A copy of the act describing the flood from the commission and a copy from the affected party.
• A copy of the act from an expert appraiser and a copy of the estimate.
• Photos and videos of damage.
• Documents confirming the ownership.

If the responsibility for flooding lies with the management company, the set of documents will be the same. Be careful when filling out the paperwork so that the lawyer of the Criminal Code does not have a reason to drag out or break up the lawsuit.

Where to send a claim:

• If the amount of damage is less than 50,000 rubles - a justice of the peace.
• More than 50,000 rubles - a district or city court.

In the process of considering the case, the housing was flooded again? Draw up a second inspection report, correct the estimate and add it to the existing documents.

Where to apply if the affected apartment is insured

If an insurance policy has been issued for real estate, you need to contact the company that issued it. After that, an independent examination is appointed. It is attended by a representative of the UK. After documenting the assessment and cost estimate, the insurance company makes a decision on reimbursement of repair costs.

Now you know what to do and where to turn when the neighbors from above flooded.

How is the fact of the bay recorded?

The consequences of flooding the apartment must be recorded by an act, for the preparation of which a representative of the management company is needed. He needs to be summoned immediately.

Until it is gone, there is no time to waste, you need to perform the following steps:

1. Take photos and videos of the damage caused. Your photos and video will be evidence in court if litigation becomes inevitable.
2. Invite your neighbors. Two or three people will be enough to act as witnesses when drawing up the act.

If by this time the representative of the management company has not yet approached, you can begin to draw up an act without him.

It is not always possible for representatives of the management company to immediately come to inspect the apartment and draw up an act: you can assemble a commission from neighbors and draw up the necessary document yourself

The procedure for drawing up an act

So, it is necessary to draw up an act on the consequences of the bay of the apartment.

It must include the following information:

• document's name;
• full address of the affected apartment;
• date of act: day, month, year;
• the composition of the commission is transferred in full; it includes: the victim (you), neighbors who are invited as witnesses, responsible for the damage caused (if any) and a representative of the management company (if any); do not forget to indicate the position of the representative of the Criminal Code;
• the essence of what happened: briefly list the facts, describe the apartment.

For example, the compiler of the act may indicate that he (full name) drew up this act in the process of inspecting apartment N, located at the address (full address) upon the fact of the bay from apartment N, located on the floor above.

The affected apartment is located on such and such a floor of an N-storey building, it contains N rooms. If the cause of the accident is identified, it must be indicated. Otherwise, you can write the intended reason.

Jump to narrative

At the beginning of this part of the act, you should write: “The commission established on the day of the examination ...”. Not all the consequences of flooding can manifest themselves immediately. Sometimes it takes 2-3 days. If new consequences are discovered (the parquet is uplifted, for example), these facts will need to be added to the act as an addition.

Initially, the parquet may not look damaged, but after a few days, when the coating begins to dry out, it may become completely unusable.

It is also necessary to mention that the act was drawn up according to an external examination. With instrumental control, the scale of troubles may turn out to be more significant, because not every breakdown is visible “by eye”.

It is necessary to carefully record all information about the traces of flooding:

• in which premises they are located;
• where exactly are they located - ceiling, walls, floors;
• the intensity of the traces present;
• we list all the affected property - furniture, appliances, parquet, interior elements.

If the owner of the apartment in which the leak occurs allows, a description of the place of the bay can be included in the act. Everything that you see in this apartment needs to be included in the act: wet floor, emergency plumbing with a crack, etc.

When conducting photo and video filming, it is necessary to mention this fact in the act. Subsequently, it is desirable to print photographs and certify them with all members of the commission. If the person who caused the damage refused to sign the act, it's okay: you just need to record this fact in the document.

Although the damage can be many and will take a long time to describe, do it: your determination will not leave the culprit under the illusion that he will get away with it.

Approximately the same in content, an act with a mandatory indication of the cause of the accident should be drawn up by a representative of the management company. Make sure he mentions everything you think is important. If there are controversial issues, feel free to comment. The finished document should supplement the defective statement.

When managers find themselves at fault in an accident, they try to distort or "not replace" the essential facts that determine their fault, because they want to avoid or reduce liability.

Remember that your goals are different, yours is compensation for damage. The management company must provide you with one copy of its act.

By the way, if the affected apartment is not privatized, you should carefully study your social tenancy agreement, since the state is the owner of such housing.