Claim for apartment flooding

Why do you need a pre-trial statement?

A claim is a document with which you can peacefully resolve a conflict. According to the Civil Code of the Russian Federation, a dispute between citizens or legal entities must be resolved through a claim or other pre-trial procedure .
This form of document allows for a peaceful resolution of the conflict, which will be more favorable than litigation. Only the owner of the apartment or an authorized person can file a claim. If you do not file a claim, the problem will not go away, and the cost of repairing the damaged property will be the responsibility of the apartment owner.

You can skip the stage of filing a claim only if you are sure that your neighbors will compensate for the damage. A written claim guarantees that the person responsible for the flood will bear responsibility for the damages caused.

If the flooding occurred due to the fault of the management organization, a written statement gives a chance for compensation for damage.

Filing a claim has its advantages:

• There is no need to pay state fees and other expenses in court.
• Guarantee of compensation for losses within a specified period.
• Save time without going to court.

Even if you don't get a response, there are benefits.:

• Having a statement will be your advantage in court.
• In addition to fulfilling your conditions, the court may impose an additional fine on the management organization for ignoring the possibility of a peaceful resolution of the conflict. However, it is illegal to demand a fine from neighbors.

Advantages

• There is no need to pay state fees in court or bear other expenses required by court proceedings.
• Saving time during pre-trial conflict resolution.
• Having a claim is an advantage for the victim in court if the guilty party refuses to voluntarily compensate for losses.

The question of the advisability of writing a document is considered individually. If the culprits of the flooding are neighbors leading an immoral lifestyle, then you should not waste time on compiling it. In such cases, it is recommended to immediately go to court.

Drawing up and filing a claim

Having in hand documents that confirm that the incident occurred due to the fault of the owners of the premises from above, as well as having confirmation of the amount of material damage caused, you can begin to draw up a reasoned claim.

Sample claim for apartment flooding

When filing a complaint, you must provide the following information.

1. Indication of the addressee (if the last name, first name, and patronymic of the culprit who flooded the apartment are not known, then it is enough to indicate the owner of the living space and its address).
2. Name the document - claim, and indicate for what amount.
3. Report the fact of the flood and how it is confirmed.
4. Indicate what material damage was caused, under what circumstances and how the amount is confirmed.
5. Demand within 10 calendar days compensation for the amount of damage caused (in cash or by transfer, indicating the details).
6. Inform that in case of non-payment, the victim will go to court with all legal costs assigned to the defendant.

Read also: We draw up an agreement with the management company for house maintenance

At this stage, you should not worry too much about the legislative substantiation of your position, since the claim is a step aimed at the peaceful resolution of the dispute. And if the culprit of the emergency is ready to admit his guilt and compensate the victim for losses and pay for repairs, he will do this without citing quotes from civil law. The claim is sufficient to refer to the fact that each owner is independently responsible for the damage caused to him as a result of the use of his property. To file a complaint, it is better for neighbors to use a sample.

Why you need to file a claim with the management company or neighbors

Contrary to popular belief, the pre-trial procedure for resolving disputes regarding the flooding of apartments is not provided for by law as mandatory. However, if the management company is to blame for the flooding of the apartment, then it is recommended to first send a claim to it.

Why is this desirable:

1. Usually, in an agreement on the management of an apartment building, the claim procedure is defined as mandatory. The draft of this document is posted on the website of the management organization and on the Housing and Communal Services Reform portal. If the agreement is not available on the Internet, utility companies are required to issue a copy of the document to the owner upon application.
2. The management company is subject to the Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1 (hereinafter referred to as the Law on Protection of Consumer Rights). This means that for untimely satisfaction of a claim, utility companies will be required to pay the state a fine in the amount of 50% of the amount that will be collected by the court (Clause 6, Article 13 of the Law of the Law).

In addition, even if the culprit of the flood is the HOA or a neighbor and a claim procedure is not necessary, a written, substantiated claim will increase the chance of receiving money as quickly as possible. Realizing that you will still have to pay, the culprit will most likely fulfill the demands. The trial will last at least 2 months, and even longer if a forensic examination is ordered.

However, if there is no hope for voluntary compensation (for example, the culprits are neighbors leading an antisocial lifestyle and not making contact), it is advisable for the owner of the property affected by the flood to immediately go to court.

Rules of action

Establishing the fact of flooding

In each situation, the flooding of residential premises must be certified by an official document, namely a flooding act, which is drawn up in any order.

Such a document is presented together with the application or claim to the authorized structures.

Photo evidence is most often attached to the report, provided that the owner of the affected apartment was able to record the accident on camera.

For assessment of damage after flooding of an apartment, see the article: assessment of damage after flooding of an apartment.

Determination of the guilty party

The culprit in the flooding of the apartment may be:

1) The organization that runs the house

2) Tenant

3) The owner of the residential premises located above.

It is important to note that residents of multi-storey buildings bear full legal responsibility for those utilities and plumbing equipment located in the residential premises.

In addition, they are responsible for the correct operation of household appliances connected to pipes, water pipes, taps, and mixers.

Provided that the accident occurred as a result of a faulty condition of the equipment presented above, the owner of the apartment is considered to be the culprit of the flood.

As a rule, a flood in a residential area occurs due to the non-functional condition of the general utilities that provide the house with hot and cold water.

In such conditions, the management organization is determined to be responsible for the incident.

Conducting a damage assessment

The owner of a water-flooded premises must initiate an appeal to a structure that carries out an independent assessment of the damage caused.

It determines the extent of the damage and subsequently draws up an estimate for restoration work.

In accordance with the repair estimate, the total cost of material damage caused to property is established.

Steps to take before filing a flood claim

If the flooding is not confirmed by documents, recovery of damage becomes difficult and sometimes impossible. Before filing a claim, you must make sure that the demands presented to the perpetrator of the flood are justified.

They will be justified if there is evidence:

1. The fact of the flood, the occurrence of damage and guilt in the incident. To do this, immediately after flooding is detected, representatives of the organization managing the house (management company or HOA) are called, a flood report is drawn up indicating its cause and the culprit, and detailed photographs of the damage are taken.
2. Amount of damage. It can be confirmed by an independent assessment.
3. The fact of incurring additional costs in connection with the bay, as well as their size. Here the confirmation will be contracts, receipts, checks, etc.

Even if the fact of the flood was not discovered immediately (for example, the owner was absent from home for a long time), it is still necessary to call representatives of the management organization to draw up a report. There is no statute of limitations for the situation described.

Victim's requirements

The claim may contain more than just claims for reimbursement of expenses. The victim can independently choose the type of compensation.

Types of compensation Comment

Sample complaint to neighbors who flooded the apartment

The law does not provide for any special requirements for a claim for flooding of an apartment, regardless of who its addressee will be. It is compiled in any form.

Here is an approximate structure of a claim addressed to neighbors:

1. Document header. It consists of the full name, address and contacts of the owner of the affected apartment, as well as the full name and address of the owner of the apartment from which the flooding occurred.
2. Main part. It sets out the facts with supporting documents, as well as legal norms justifying the requirements. Thus, the obligation of the culprit to compensate for the damage caused to the property of a citizen is provided for in paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation.
3. The pleading part. Here you should set out specific requirements for the culprit.
4. List of copies of documents attached to the claim. These are documents that substantiate the requirements: photographs, a flood report, an assessment report, checks, receipts, etc.

The writing is completed by affixing the signature of the owner of the affected apartment and the date of drawing up the document.

A deadline for responding to a complaint should also be set, and it should be reasonable (for example, 10 calendar days). If the claim is written to the management organization, it should be taken into account that the deadline for reviewing the document may be established by the management agreement - then this is what is indicated.

To whom should the complaint be addressed?

A claim for flooding of an apartment due to the fault of neighbors should be addressed to the owner of the property, and not to other persons living there on a commercial or free basis (for example, a tenant under a commercial lease agreement). If we are talking about a citizen who lives on social rent, then he will be responsible for the flood, i.e. the claim must be sent to him.

You can find out who the owner is through the management organization. If for some reason this is not possible, Rosreestr has reliable information about this. On the department’s website you can order an online extract from the Unified State Register (USRN is a paid service).

Going to court

If an attempt to resolve the issue pre-trial resulted in the guilty neighbor refusing to compensate for the damage, the injured owner needs to go to court. The statement of claim is filed at the location of the damaged apartment.

The following must be attached to the claim:

• a copy of the act of filling the apartment;
• technical documentation for the premises and papers confirming ownership;
• information about independent examination;
• a copy of the complaint that was sent to the culprit.

We invite you to familiarize yourself with the Guarantee Agreement - sample form 2020

The documents are collected in two copies - one remains in the case, the second goes to the defendant. The claim itself is drawn up in accordance with the requirements of Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation. The main part describes what happened in as much detail as possible and indicates the demands put forward.

The content is as follows:

• the name of the court to which the claim is filed;
• information about the parties to the case;
• information about the affected housing;
• detailed description of the incident;
• demands from the injured owner;
• application in the form of acts and claims;
• signature and date of referral.

Within 5 days, the court accepts the application or rejects it due to the fact that the information provided does not correspond to reality. When drafting, you can use the services of experienced lawyers - this will help you avoid common mistakes and allow you to quickly resolve the problem that has arisen.

Pre-trial option in case of flooding

At every stage, until the claim is filed in court, both parties can find a compromise solution . It is beneficial for the victim and the perpetrator to receive compensation for the harm caused as quickly as possible, and for the perpetrator to avoid bringing the case to trial.

A claim for flooding of an apartment due to the fault of neighbors is drawn up in such a way as to convince the person who caused the flood of the following:

• The victim is determined, the conflict situation will not go down the drain;
• Delaying the resolution of the dispute peacefully will lead to an increase in the amount of compensation;
• The fact of the incident, its causes and the person responsible is documented (or has already been documented);
• The amount of damage is determined with the help of an expert;
• Professional lawyers are involved in resolving the conflict.

Often, conflicts around apartment flooding and property damage end in nothing.

Victims at the first stage face opposition:

1. Utility services that do not respond to calls, refuse to draw up a report, conduct a superficial inspection, and violate the rules and procedure for documenting a flood.
2. Those responsible for the flooding, who refuse to voluntarily compensate for the damage, who do not admit their guilt in whole or in part, are prevented from drawing up objective documents about the incident, and are being persuaded by their neighbors.
3. An insurance company that is interested in reducing the amount of compensation and is taking all measures to achieve this, using schemes that have been developed and improved over the years.

The influence of these parties at the first stage is aimed at making the victim imbued with the idea that he will not receive anything, he will have to restore the damage at his own expense.

The counterbalance to this is a claim for compensation for damage caused by flooding of the apartment. In addition to demonstrating determination to the other side and additionally documenting the fact of the flood, the document serves as some kind of guideline for the victim, indicating a new stage of action.

For example, if a statement on the gulf is sent before the act, its compiler has the following options :

1. Refuse further measures if the culprit agreed to the demands and compensated for the damage.
2. Call representatives of utility services if a neighbor refuses a constructive dialogue or directly states his unwillingness to pay for anything.

If a claim for flooding of an apartment due to the fault of neighbors is sent after drawing up a report, the injured person again has several options for action:

1. Termination of a dispute due to compensation by a neighbor for damages.
2. Agreement to a compromise proposed by the culprit.
3. Order an examination if the flooded neighbors behave dishonestly.

Finally, if an application for compensation for damage is sent after the expert has drawn up a report, based on the results of the response to it, the culprit makes a decision to file and send a claim to court.

Through the claims received, neighbors who caused the flood can:

• Realistically assess the resolve of affected residents;
• Get acquainted with the objective expert conclusions of utility workers and other specialists;
• Calculate, including with the help of professional lawyers, the prospects of the case in court.

The more often a claim is submitted, the higher the likelihood of resolving the dispute out of court.

This does not mean that you need to “bomb” with the same letters. Each of them should have some meaning, and not show the helplessness of the victim, who is only capable of sending the same type of meaningless mail.

Sample letter

The document itself does not have any established form and is drawn up arbitrarily. But in order to give it the status of a legally significant fact that would confirm the position of the injured party, you need to follow some rules.

They relate to the contents of the document, namely:

1. Full identification details of the addressee and originator: last name, first name and patronymic, residential address, contact numbers.
2. Document's name.
3. The essence of the incident is the date, place, what happened, what kind of breakdown, whose fault it was.
4. Requirements.
5. Date of compilation and signature.

A claim for flooding of an apartment really resembles this document; compliance with identical requirements makes it just as significant. Official structures, for example, a management or insurance company, register such a request in the statement log and treat it with the same attention.

Regardless of how the sample claim for flooding of an apartment by neighbors is presented, the document is drawn up by hand or on a computer. The main thing is to follow the specified rules when compiling it.

Documentary evidence of the document drawn up and sent must be retained. It is sent by recommended letter with a description of the contents.

A complaint to the management company can be submitted personally through the office, clerk, responsible person or secretary of the head of the organization. On the second copy of the document, which remains with the originator, the recipient must sign for receipt.

This can be done not only with the management company. The claim to neighbors who flooded the apartment can be submitted personally against their signature on a second copy. But this is more difficult to do; unlike organizations, individuals do not have an obligation to accept applications from other individuals.

The management company that services the apartment building is obliged to accept applications with the requirements of residents, consider them and provide answers to them. The document in question relates precisely to such requests.

If the dispute is brought to court and the victim’s claim is satisfied, the company will be charged a penalty on the basis of Article 23 of the Law on the Protection of Consumer Rights. It is calculated for the period that begins after the expiration of 10 days from the date of receipt of the application by utilities. Therefore, it is important to document in court the date of receipt of the claim by the management company.

Drawing up an agreement

If, as a result of the proceedings, the culprit and the injured owner reach a mutual agreement, then they need to formalize an agreement. The document states:

• requisites;
• information about the incident;
• amount of damage;
• waiver of claims and agreement to indemnify;
• date and signatures.

If desired, the paper can be certified by a notary, but this is not at all necessary.

Water flowing in streams from the ceiling is one of the nightmares of the owner of a living space who has recently updated renovations or furniture. Even having mentally prepared to survive the flooding of an apartment, in the moment of a real communal disaster it is difficult for the victim to react correctly. At this moment, the actions of the victim should be aimed at stopping the flood, minimizing the harm caused, and filing claims against the culprit of the emergency. It can be either a neighbor or a management company.

Moreover, all these actions must be carried out simultaneously. If the victims successfully cope with the work to stop the flooding or minimize the negative consequences of apartment flooding, then at the initial stage no one thinks about filing a claim. But in vain. After all, important facts and evidence are missed, and the opportunity to document the main circumstances of the incident is lost. This limits the possibility of the claim being satisfied.

In order for a pre-trial claim for flooding of an apartment to become a weighty argument in resolving a conflict with those responsible for the incident, the victim must draw it up taking into account a number of requirements. Every citizen can independently cope with the problem of the bay. However, it should be understood that only an experienced expert knows the intricacies of the law and the list of rights of victims and perpetrators. Consultants on our website will tell you at any time how to avoid serious problems and get compensation as quickly as possible.

It is possible to discover that a flood of living space has occurred under different circumstances. However, the first thing that needs to be done in any case when flooding is to turn off the power to electrical appliances to avoid a short circuit. It is important to locate the leak and then try to fix it. If you cannot do this on your own, you will have to call the housing office or the management company to call a team of plumbers. They turn off the water in the common riser.

The call of the brigade and the departure of plumbers will be recorded in the executive papers of the management company.

Before the plumbers arrive, you should try to contact the culprits who flooded the apartment. In addition, you should try to protect property that was not damaged during the flood. Some housing experts advise recording a video of what happened. This will help when filing a claim or legal proceedings, if the perpetrators who flooded the apartment do not want to resolve the conflict peacefully and pay for repairs according to the claim.

We invite you to familiarize yourself with the Supervisory complaint to the Supreme Court in a civil case: sample

It is not always the case that when you receive damage, in particular when an apartment is flooded due to the fault of the residents on the floor above or the management organization, you should immediately go to court. In some cases, it is quite possible to obtain compensation for losses caused to an apartment through pre-trial settlement of the dispute.

The first step on this peaceful path will be a valid claim. In it, the applicant sets out his claims, demands and deadlines for their implementation. When the other party also does not intend to go to court, but wants to resolve the dispute peacefully, the claim will be quite sufficient.

Today we will examine in detail the question of how to write a claim about the flooding of an apartment.

Amicable settlement of the conflict through claims has a number of advantages, the most important of which, of course, are the following:

1. Saving.
   Any litigation comes at a cost to the parties. And the injured party, who wants to recover repair costs through the court, will have to spend money on a lawyer to formulate a statement of claim, pay for an examination that will prove the fact of losses and their size, pay a state fee, etc. In the claims procedure, you will only have to pay for an examination in order to establish the amount of the claims presented, and even then only when the other party (the guilty party) wishes this.
2. Maintaining good relationships.
   Flooding is an unpleasant, but still only a temporary episode, which will be followed by many years of living with neighbors in the same house. A trial is not always a good thing, since in this case there is a much greater chance of ruining relations with neighbors forever.
3. Time.
   Not a single trial in our country goes as quickly as the plaintiffs want. The minimum period for consideration of a flood case in court is 2 months. And this is only if the second party does not submit a request to the court to conduct additional examinations, and then, after the decision is made, does not file an appeal. As a result, a seemingly smooth process can drag on for years.

Every experienced lawyer always advises his clients: first you need to try all the ways to resolve the conflict peacefully. It's cheaper for everyone, which means it's better. If you can’t talk peacefully with your neighbors, negotiations can easily be entrusted to a lawyer who has much more experience in this type of matter.

​Precedes the filing of a claim for flooding, an inspection of the apartment by a commission from the management company or from the housing office. The guilty party must also be notified in advance of the inspection time. The best way to do this is by telegram. The remaining shipping receipt will be proof that the victim has taken all appropriate measures to notify those responsible about the upcoming inspection.

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It is best to submit a claim by mail. Yes, go to the neighbors by going up one staircase faster, but the essence of this form of notification is that after sending the letter, you will be left with a receipt and a copy of the document, which, if the outcome of the negotiations is unfavorable, can then be attached to the statement of claim. The same should be done when sending a claim to the management company.

At the request of the guilty party, the victim must present the essence of the claim: a ceiling with traces of a leak, as well as all the features of the flood must be indicated in the claim: in which room the leak occurred, how damaged the ceiling, flooring, wall decoration, furniture, etc.

Obstructing an inspection of the apartment to verify the authenticity of the facts stated in the complaint can be interpreted as misrepresentation, an attempt to lure money for repairs by deception, etc. A favorable outcome of the negotiations will allow the parties to agree on all important points of compensation for damage.

However, it is still not worth agreeing in words. To do this, an agreement must be concluded.

The claim to neighbors who flooded the apartment, as well as the subsequent settlement agreement, is a legal document, so it must reflect all the important points:

1. What happened, when, at what address, under what circumstances. If there is documentary evidence: photographs, reports of inspection of the apartment by a commission from the housing office or management company, results of an examination or damage assessment, these are also attached to the claim, as well as to the settlement agreement.
2. An exact list of damaged property.
   There is no need to “round up”; the more accurately everything is listed, the better. For example, it is important to indicate what type of coating was on the ceiling, and if the ceiling was suspended or suspended, indicate its technical characteristics. If there are documents left from the previous repair confirming the cost of the work performed and the materials used, this will only be a plus. All property damaged in the apartment must also be listed, and if there are documents confirming its value, they are also attached to the list.
3. Details of the parties and date of preparation.
   Passport details are suitable as details. You can obtain this information from the local police officer or the management company.

If residents are “lucky enough” to find themselves in a similar situation, then before eliminating traces of the flood, they should record the consequences of a domestic accident on photo and video equipment.

It is also necessary to take photographs of the incident site after removing the water and drying the premises in order to correctly assess the losses and destruction caused by the incident.

Conflicts with neighbors cannot always be resolved peacefully, so quite often such situations become the subject of litigation. And, as you know, in order for the court to satisfy the plaintiff’s demands for damages, relevant evidence will have to be presented.

It is imperative to find out the reason why the housing was flooded, otherwise, if the case goes to court, the defendant may be found inappropriate.

The culprits of a flood are not always the residents living on the floor above.

Often, due to untimely repairs of communal equipment and lack of periodic inspections of the water supply system, accidents occur that lead to water leaks.

In this case, a claim for compensation for damage should be sent not to the neighbors above, but directly to the management company, whose responsibilities include maintaining the water supply system and other communications in proper form.

As a rule, it is much more difficult to prove the guilt of the management company and obtain compensation for losses; this usually requires an independent examination.

Before filing a claim, a residential premises inspection report must be drawn up. This document records in writing and in the presence of witnesses, as well as the parties to the conflict, the consequences of the flood and the approximate damage that was caused to them.

Pros and cons of pre-trial claims

So, we have decided what a pre-trial claim is. Why do we recommend always writing this document? In some cases, such a claim is required by law - if in the future you also plan to complain about the organization’s actions to the supervisory authorities. For example, to a management organization.

But there are other important subtleties:

• If you send a pre-trial claim to the management organization, you will show yourself as a conscientious citizen - this is important for the court.
• Having sent a claim to the management company and not receiving a response, you indicate this in the claim. In such situations, the court, in addition to satisfying the plaintiff’s demands, usually imposes an additional fine for failure to resolve the issue peacefully, which is 50% of the amount awarded by the court. Accordingly, if you refuse to file a claim, you have no right to claim this amount. However, this applies exclusively to disputes with the management company or other organizations; you have no right to demand a fine from your neighbors.
• In some cases, the presence of a pre-trial claim and a reasonable amount of a future claim may push the other party to a settlement. Practice shows that management organizations rarely pay money through pre-trial claims, but there is still a chance.

There is also a minus - the decision to send a pre-trial claim when filling an apartment increases the time for the trial. The organization is given time to respond and must wait before filing a lawsuit. But here we recommend that you still spend this time - trials usually last several months, and 10 days will not play a big role. As a result, there are more advantages to a pre-trial claim.

How to write a complaint

The management company's claim regarding the flooding of the apartment is written without a template established by law.

It is necessary to adhere to the requirements of civil law:

• Indicate in what situation a situation arose that forces you to write a pre-trial claim - a demand for compensation for damage due to flooding of the apartment;
• Supplement your claim with the amount you want to receive and justify it - this is where an independent examination of the apartment’s fill will come in handy;
• Propose a method for resolving the conflict and a deadline - transfer compensation within 10 days.

It is necessary to add standard wording that this application is a pre-trial claim and in case of refusal there will be an appeal to the court.

Preparation

To compensate for damage caused by a neighbor’s flooding of an apartment, you need to perform a number of actions established by law. The procedure for collecting compensation consists of several stages:

1. Assessment of the extent of damage.
2. Writing a complaint against the culprit.
3. Getting a response.
4. Go to court if necessary.

The damage is assessed by a commission consisting of employees of the management company. Based on the results of the examination, a report is drawn up in which all detected damage and consequences are recorded. They do not have the right to determine the amount of damage in monetary terms - such actions will be carried out by an expert organization.

Immediately after the flood, you need to take care of obtaining a certain package of documents, on the basis of which it will be possible to draw up a demand:

1. A report from the management company’s employees (minimum 3 people), which states that the neighbor is to blame for the flooding. Any objections and comments of the injured and guilty parties must be reflected in this act. The document contains information about the composition of the commission, the full name of the owner of the flooded home, the cause of the flood, information about the guilty neighbor, information about the damage and the time of compilation. Completed with signatures of all parties.
2. An independent examination report, which must be carried out within 20 days from the date of the incident. It is necessary to try to ensure that the culprit is present during the examination and will note his objections. Work can only be carried out by a company with an appropriate license.
3. An estimate for repairs drawn up by employees of the management company or employees of a specialized service.

When the damage is assessed and the damage is documented, the owner of the apartment needs to contact the culprit with a claim containing a demand for compensation for the amount of damage. If the management company is recognized as the culprit of the flood, and not the neighbor above (unmaintained pipes burst, leakage due to a destroyed roof, etc.), then the claim must be sent directly to the management company itself. This document needs to reflect the causes and consequences of the flood.

Having received a claim, the culprit must give an answer. The response contains information about whether the recipient agrees with the demands put forward by the owner of the damaged apartment and whether he is ready to fully compensate for the amount of damage. If ready, the owner receives a receipt from the culprit, and in a situation with refusal, he sends a statement of claim to the court.

How to submit a claim

In court, the plaintiff needs to confirm the existence of the pre-trial claim.

There are two options for sending such an application:

• Print out the claim in two copies. Come to the management company or your neighbors in person, give one copy, and ask for a signature on the second copy indicating that the claim was accepted on the specified date.
• If the interlocutor refuses to do this, there is no need to swear - just send the claim by registered mail with notification, this will be enough for the court.

How to file a claim

To file a claim you must do the following:

• the culprit must be notified three days in advance (best by telegram);
• keep the receipt for sending the telegram. This will be evidence that the victim did everything in his power to notify the perpetrators of the upcoming inspection;
• an act is drawn up;
• a claim is drawn up on its basis. Again, it is best to send it to the culprit in a valuable letter with an inventory. You should have the shipping receipt and inventory on hand.

Who to send a pre-trial claim for the Gulf

In a situation with a flood in an apartment, a pre-trial claim will be useful in several cases. Most likely, before preparing such a document, it is better to conduct an independent examination that will show the objective amount of damage. Then the numbers in the application to the housing office about the flooding of the apartment or the appeal to the neighbors will be supported by the expert’s conclusions.

Find out who is to blame

In a situation with a flood in an apartment, first of all it is necessary to deal with the culprit.

• If the flood occurred due to damage to the pipes after the inlet valve, then most likely the culprit is the neighbors.
• If water flowed from pipes to the inlet tap, from interpanel communications, from heating pipes and radiators, or from the roof, then most likely this is a problem with the management organization.

Dispute with the management organization

If the problem is with the management organization, then there is interaction between an individual and a legal entity. Practice shows that the management company will most likely refuse to compensate for damages even for a pre-trial claim, but we still recommend writing it. We take a sample application for apartment flooding from the housing office or management company, rewrite it to suit your situation and send it to the company’s legal address by registered mail.

Dispute with neighbor

Between individuals, a claim regarding the flooding of an apartment is written according to a similar template. The main thing is to indicate the arguments - why you indicate this particular amount in the claim, on what basis you are demanding compensation from your neighbors for damages from the flooding of the apartment.

To the landlord

If the culprit behind the flooding of the apartment is not the owner, the flooding complaint should be sent to the landlord.

In the complaint, the owner of the residential premises must indicate:

• Details of the landlord, property owner.
• General points of complaint.

The procedure for compensation for damage in case of flooding of an apartment

The first step will be to write an application to the housing department or file a claim and then send it to the culprit.

A pre-trial claim against neighbors for flooding is filed if the flooding was their fault. The claim should be submitted in writing, because in court proceedings it will be possible to prove that the claim was filed.

• It is written where and when the flood occurred.
• Information about damaged property.
• The price of the damaged property is stated, as well as the amount required for restoration.
• The amount that the culprit must transfer.

According to the conclusions specified in the report, the cause of the flooding was a leak in a cast iron outlet on a kitchen riser with a diameter of 50 mm, located in apartment No. XX.

In accordance with paragraph 2 of Art. 162 of the Housing Code of the Russian Federation, under an agreement for the management of an apartment building, one party (the management organization), on the instructions of the other party (the owners of the premises in the apartment building), undertakes to provide services and carry out work for the proper maintenance and repair of common property in such a building for a fee within an agreed period of time.

A pre-trial claim for flooding of an apartment - a sample of it was prepared by the specialists of our portal - is optional, but in some cases filing it can significantly speed up the receipt of compensation for flooding. In the following article we will describe in detail when such a claim may be required, what actions should precede its filing, and how to correctly draw up and submit it.

A claim to the management company for compensation for damage caused by flooding must be made only in writing. The document is drawn up according to the following sample.

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1. Information about the culprit of the flood - legal name of the company, full name of the director, legal and actual address, contact phone number.
2. Victim's details - full name, address, contact phone number.
3. Information about what happened - date of flooding, apartment address.
4. Description of damage - a detailed description of what property was damaged, the victim’s complaints.
5. The amount of damage based on the appraiser’s conclusion and the claim for compensation.
6. Date of compilation and signature.

The pre-trial claim must be accompanied by an inspection report of the premises and an expert’s opinion on the damage. Without these documents, the claim will not be valid.

Demand (claim) for compensation for losses caused by flooding of office premises ___________________________________ is the owner (owner) (name of owner, office owner) of office premises located on the ______ floor of a separate non-residential building (retail and office complex, residential building, etc.) at the address: _________________________ and consisting of ___ offices, which is confirmed by the Certificate of registration of ownership (lease) dated “___”_________ _____, N _________.

A claim can be filed if the neighbors do not try to compensate for the costs. In this case, after proving the guilt of the neighbors, the judge will order recovery of damages. You can also file a complaint against the lawsuit.

In accordance with Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights” The Contractor is obliged to perform work, provide a service, the quality of which corresponds to the contract.

If there are no conditions in the contract regarding the quality of the service, the contractor is obliged to perform work, provide a service that meets the usually required requirements and is suitable for the purposes for which the work or service of this kind is usually used. In apartment buildings, situations often arise when neighbors' apartments flood.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

It is very important to know how to behave in these situations in order to minimize losses. Of course, the most rational way would be to resolve the conflict peacefully.

Persons who flood their neighbors will have to pay compensation commensurate with the damage caused. If a home is flooded, the guilty party must immediately notify the injured party of the incident. If the guilty party is not on site, you should file a claim for flooding of the apartment by sending a document by mail (registered mail).

Is it possible to resolve the issue regarding the flooding of an apartment peacefully and without the help of a court? There is a similar solution in this situation, and thanks to it you can avoid legal disputes with forced recovery of damage caused as a result of flooding of living space.

If ignored

If a citizen or company involved in property damage has ignored the claim or refused to fulfill the requirements, it is necessary to prepare a claim in court.

As practice shows, a claim for damages is filed in most cases of property damage. Since the judicial process requires more time and costs, filing a complaint can contribute to an amicable pre-trial settlement of the dispute. If an agreement cannot be reached, the claim will become one of the evidence in a civil case in court.

Peaceful resolution of the situation

After first taking steps to protect against damage and control water leakage, the next step is to document the flood. The best thing to do is take pictures of what has been damaged. In addition, you need to prepare a damage report in the presence of the person providing the housing office or HOA.

In any situation, peaceful resolution of conflicts before trial is much better than litigation. First, you need to file a statement with the housing office about flooding or a claim to the management company for damages.

A peace agreement has the following benefits:

• no need to spend money on a claim for flooding of an apartment in the form of a state fee;
• time and effort are significantly saved, because many weeks, and often months, will have to be spent on court proceedings.

According to Article 154 of the Code of Civil Procedure of the Russian Federation, disputes over flooding of an apartment can last up to two months. The person responsible for the flood is obliged to immediately inform the victims about the situation. When the incident occurred in the absence of the perpetrator, the claim to the management company is sent by registered mail. Victims must show the results of the flooding so that the culprit realizes the extent and makes compensation for the damage.

In practice, the most common way to resolve controversial cases of flooding an apartment is to draw up a bilateral agreement on voluntary repayment of the damage incurred. In such a document you need to reproduce the following information:

• the fact of flooding of the premises and the reasons for this;
• a list of damaged property and its value;
• the date of the flood;
• date and signature of the parties.

All this is necessary to record voluntary consent to compensation for losses that occurred due to flooding of housing. It is recommended to establish a time frame within which the culprit must compensate for losses.

Grounds for filing a claim with the courts

A statement of claim for recovery of damage caused by flooding of an apartment is sent to protect property rights. Initiating a conflict with the provocateur of the flood is not constructive. If the situation gets out of control, the injured party may become a defendant. Unauthorized actions, public insults and threats, as well as causing bodily harm fall under administrative and/or criminal charges - a citizen has the right to file a complaint with the police.

A claim for compensation for damage caused is relevant when the situation cannot be resolved peacefully. If the injured party is refused voluntary payment, then a petition is filed with the court.

The defendant may be:

• neighbour;
• Management Company, Homeowners Association, TSN, Housing Office, etc.;
• insurance organization.

Illegal actions or inaction of representatives of the first two categories often become the cause of an accident. If there is no insurance policy for the apartment, the citizen needs to initiate legal proceedings with the company or individual through whose fault the flood occurred.

If the property is insured, then all efforts to obtain compensation must be directed to interaction with the insurance company. However, this process is not easy, since employees of such companies strive to reduce payment costs. When an insurance organization refuses to cover a loss or does not transfer money in full, a claim should be filed in court.

Watch the video: “Collection of damage caused by flooding of an apartment”

Dispute resolution through court

If it was not possible to obtain compensation from the perpetrator of the flood in pre-trial proceedings, the dispute is transferred to court.

The flood claim will serve as one of the evidence :

• Unfair behavior of a neighbor;
• Failure to fulfill obligations by the management company;
• The defendant's guilt;
• Suspension of limitation periods.

Documentary evidence of the behavior of the culprit, who refused voluntary compensation for damage, tips the scales at trial not in favor of the defendant. For the management company, such evidence is the basis, as indicated above, for charging a penalty.

During the correspondence, when responding to a flood claim (the sample and rules for its preparation are discussed above), the defendant can send letters . In them, he can fully or partially admit guilt, which will be additional evidence in court.

If the perpetrator agrees in response letters to compensate for the damage caused, this fact is the basis for suspending the limitation period.

Understanding the further consequences and possibilities of using the document in question in court places special demands on it. It is better to look at examples of their preparation from legal experts.

Flood caused by the management company

Flooding of an apartment due to the fault of the management company happens when some kind of breakdown occurs in the equipment of an apartment building. The consequence of this is, for example, leaks from the roof.

To compensate for losses, you need to fill out an application for compensation to the management company, and also do the following:

• call the housing department so that they can send specialists and representatives of emergency services;
• control the drawing up of a report on flooding of the apartment due to the fault of the management company, where it is necessary to record the fact of the incident and damage to property;
• write a statement to the housing office about the flooding of the apartment, indicate in detail what happened and request recovery of losses that occurred due to the fault of the housing and communal services.

The management company must complete the written application for flooding of the apartment in accordance with the rules of the Federal Law “On Citizens' Appeals”, and one form should be given to the secretary, and the other with notes on the date and the signature of the person who accepted the document should be kept.

Rules for filing a claim

The Civil Code of Russia (Article No. 15) establishes the civil right to defend material and moral interests. Disputes regarding the bay of residential real estate will be considered by the competent authorities.

The jurisdiction of such cases depends on the size of the claims and the status of the participants according to the law (Civil Procedure Code of the Russian Federation as amended in 2020):

1. Art. No. 23 (clause No. 5, paragraph 1) established that if the amount of the application does not exceed 50 thousand rubles, then the application must be submitted to the district court.
2. Article No. 27 indicates that if the amount of the claim exceeds 50,000 rubles. cases fall under the jurisdiction of arbitration bodies, including if the conflict concerns legal entities and individual entrepreneurs.

Evidence base

A claim for flooding of an apartment is submitted for compensation with the following list of documents:

• certificate of ownership of real estate;
• receipt for payment of state duty;
• act on flooding of the apartment drawn up by the management organization;
• living space plan;
• BTI passport;
• when independently eliminating the consequences of the flood, receipts and papers are attached - for example, a cleaning contract with a consulting company;
• photocopy of the independent appraiser's report.

Copies of documents are submitted to the judicial authorities - the originals must be taken to the meeting.

Nuances of filing a claim

According to the Code of Civil Procedure of Russia (Article No. 131), a claim for compensation for damage from flooding of an apartment is formed as follows:

• name of the authority to which the application is submitted;
• information about the injured party - full name, registration address, contacts;
• information about the person who is at fault (tenant, housing and communal services, management company) - personal or legal form, place of residence or location, telephone number;
• the reasons for the violation that gave rise to the complaint;
• the evidence base on which the plaintiff requests compensation for the damage suffered;
• pay slip indicating the price;
• a copy of the pre-trial claim and an official written response.

How to correctly draw up a statement of claim.

Sample statements of claim

Filing a claim after a pre-trial procedure is the basis for initiating legal proceedings regarding the flooding of residential premises. A correctly drafted application increases the chances of a favorable outcome of the case.

If a neighbor from above floods the apartment, but refuses to compensate for the damage, this fact is regarded as an offense. Similar consequences threaten the housing department if, based on the results of an inspection by members of the commission, the fault of the management company is revealed.

Note: The claim must clearly express the violation of rights and the requirements for restoration with the amount of compensation. To win the case, you need to present solid arguments for collecting money.

Statement of claim for compensation for damage caused by flooding of the apartment by upstairs neighbors

It is better to sue the neighbors who flooded the apartment after trying to resolve the situation peacefully. Experts recommend showing the culprit the scale of the disaster and offering a compromise solution. If the neighbor fully satisfies the petition, then there is no need to write to the court.

However, all promises made by the provocateur of the accident should be recorded in a document and endorsed by the signature of the citizen. As a rule, to do this you need to contact a notary office. In this situation, it is permissible to wait for the expiration of the period specified in the agreement.

If the promise to compensate for damage is provided only verbally, and there is no complete trust between the parties, then you should not wait for a long time. The owner should conduct an examination, draw up an act on the flooding of the property and send an application to the court authorities.

Claim for flooding due to the fault of the management company

If the cause of the flooding of the apartment was the fault of the management organization, for example, the roof was not repaired on time or a sewer pipe burst, then a complaint is first filed. If your request is ignored or refused, you must file a claim.

The text of the document must indicate the details of the legal entity and responsible citizens. Papers can be sent by Russian post or personally visited the office of the authority. Payment of the state fee is a mandatory condition for acceptance of the application for consideration.

Statement of claim for flooding of an apartment due to the fault of the management company - a sample is available for download here.

What can be demanded from the person through whose fault the flood occurred?

The owner of an apartment damaged by the flood may demand compensation for:

1. Material damage. This will be the amount indicated in the appraisal report as the cost of repair and restoration work.
2. Costs of conducting an independent assessment. Costs must be confirmed by an agreement for the provision of appraisal services and a payment document (receipt, check, etc.).
3. Costs for legal services (drawing up a claim). The evidence here is an agreement on the provision of relevant services and a payment document.
4. Other expenses. For example, to notify the culprit about the upcoming assessment or to prepare a technical plan, floor plan and explication (if this was required for the assessment). All such expenses must also be supported by proof of payment.

A claim for flooding of an apartment, if it is addressed to the management organization, can include a claim for compensation for moral damage. In relations with the management company, the owner acts as a consumer, whose right to such compensation is provided for in Art. 15 ZPPP. In other cases, you should not count on compensation, no matter how great the damage to property. Courts usually refuse to collect it in this category of cases.