Drawing up an application to the housing office about flooding of an apartment: sample and necessary actions

Sample complaint to the Criminal Code or Housing Office about flooding of an apartment due to their fault - rules for writing a document

When sending a letter of claim to the Management Company or Housing Office, you must take into account the following rules for writing and drafting the document:

1. Divide the claim statement into 3 parts: introductory, main and final.
2. The introduction will include a “header”. It must contain the details of the director of the management company to which you are sending the application, the name of the company, as well as information about the applicant - full name, residential address, contact phone number.
3. The title of the document must be included. In our case, this is a Claim or Statement. The name is written in the middle of the line, with a capital letter. There is no period after the word.
4. Then the main part will follow. In it, you must report the problem that occurred, briefly and clearly tell how the flooding occurred, when, at what time of day, where did you turn for help, did an expert appraiser come, was a site inspection report drawn up, why do you think it was the fault of the bay lies with the management company or housing office, etc.
5. In conclusion, you should state your requirements. You can ask to assemble a commission that will check for the problem and draw up an appropriate report. It is also possible to ask the company to pay the funds needed for repairs, or to oblige representatives to carry out repairs free of charge, since the flooding of the apartment is entirely their fault.
6. You can add in the same part, but in a different paragraph, that you will go to court and will resolve the issue in court if your demands are ignored or not fulfilled.
7. When making demands, you must refer to regulations, articles and laws.
8. At the end of the document, put the date and your signature.

Prepare the document in several copies .

If you submit it in person, then leave one option for yourself to confirm your application to the Criminal Code or Housing Office.

A ready-made application form for a claim about flooding of an apartment due to the fault of the management company or housing office is available for free

Examples of claims to the management company:

Example 1:

Example 2:

Example 3:

Please use this form and examples to complete your application. Enter your data into it and describe the situation that has arisen for you.

Claim for apartment flooding

Advice from lawyers:

1. Where is the pre-trial claim for flooding of an apartment due to the fault of the HOA.

1.1. Everything is individual. You can search the website or contact a lawyer in person for legal assistance.

Did the answer help you?YesNo

1.2. Hello. If you need a result in the case, and not a reply, then you need to draw up a claim specifically for your situation, and not use a template, since a correctly drafted claim is already 50% of the gain (in the future) in court.

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

2. Tell me whether it is necessary to send the defendant a pre-trial claim regarding the flooding of the apartment.

2.1. The law does not require filing a pre-trial claim. But without it, the court may deny you compensation. expenses on the basis of Art. 10 Civil Code of the Russian Federation. It is necessary to give the opportunity to the causer of harm to compensate for the damage voluntarily. If there are costs associated with maintaining a claim, you may be able to claim damages.

Did the answer help you?YesNo

2.2. If we are talking about the Criminal Code, it is advisable to send it, although the law does not state this, good luck to you and all the best.

Did the answer help you?YesNo

2.3. Good evening Marina, it is not necessary but it is advisable to send her. When flooding an apartment, first of all it is necessary to record the fact of flooding; the housing maintenance organization must draw up a corresponding act. Next you can go in several ways. For example, you can draw up an assessment of the damage and sue for recovery of damages according to the assessment report, you can carry out repairs on your own or with the help of some company and recover its cost from the culprits through the court (naturally, you must attach expenditure documents), and finally, you can demand in court to make repairs using the efforts and means of the culprit. Which option is more suitable - we need to understand the situation in more detail.

Did the answer help you?YesNo

3. How to write a claim regarding flooding of an apartment due to the fault of the management company for pre-trial settlement.

3.1. Write in your own words that a flood occurred in your apartment due to the fault of the management company, indicate the date of the flood. Next: indicate when and by whom the flood report was drawn up and an approximate assessment of the damage. Ask the management company to pay you this amount.

Did the answer help you?YesNo

3.2. Hello, Vera! You need to describe to the owner the apartment through whose fault the flood occurred, describe the situation and demand compensation for the damages caused on a voluntary basis. And indicate that if you refuse, you will go to court.

Did the answer help you?YesNo

4. Received a claim from the insurance company after flooding the lower floor apartment; they insured it. (a leak in the apartment wiring after the shut-off ball valve at the outlet from the hot water riser in the bathroom) The insurance company sent me an invoice, for me this amount is large and there is no way to pay it within 30 days after receiving the letter. I raise two children alone and work in a kindergarten. Is it possible to pay small amounts from your salary monthly?

4.1. It is possible if the court allows it.

Did the answer help you?YesNo

5. The apartment was flooded due to the fault of the management company. The guilt of the Criminal Code is not denied. I received an act indicating the fault of the Criminal Code. I did an independent examination and filed a claim with the Criminal Code for damages. I received a response about the readiness to carry out repairs by the management company with the involvement of the organization. Question: Could I refuse the repair and demand money, since I understand the further consequences that may arise from poor-quality repairs. Thank you.

5.1. Hello! Yes, you have the right to go to court.

Did the answer help you?YesNo

5.2. Hello. Yes you can. You have the right to choose in this case. But now you need to go to court with these requirements.

Did the answer help you?YesNo

6. The neighbors on the floor below have stains on the ceiling after the apartment was flooded. The stains have already dried. Water flowed through the pipe from the ventilation shaft through the pipe from the hood. It is not clear when and who filled it. Claims are made to me because... I live on the floor above. In fact, I didn't flood. The apartment is below. What should I do?

6.1. And let them prove in court the basis and extent of the damage - Article 56 of the Code of Civil Procedure of the Russian Federation.

Did the answer help you?YesNo

6.2. If he can, let him prove a cause-and-effect relationship between the bay and the damage caused to it.

Did the answer help you?YesNo

7. After the apartment was flooded, due to the fault of the management company, a claim was sent to them. An agreement with installment payment has been concluded. The management company insists that after the final settlement, they take away the damaged property (they supposedly paid for it). The kitchen was partially damaged. furniture, laminate, ceiling (an independent expert estimated the damage at 120,000 rubles) I would like to know under what law and within what time frame I must transfer the property to them.

7.1. There is no such Law. The culprit compensates for the damage, and it’s your business to give them the property that has become unusable.

Did the answer help you?YesNo

7.2. Hello. You don't have to give them anything. You acquired the property yourself, without the participation of other persons or organizations. The management company is obliged to compensate for the damage caused, including current repairs and the cost of the property. But this does not mean that you need to transfer the damaged property to the management company. They didn't pay for it, only the damage caused.

Did the answer help you?YesNo

8. After the apartment was flooded, due to the fault of the management company, a claim was sent to them. We entered into an agreement with installment payment. Damage 120,000 rubles. The kitchen was partially damaged. set, ceiling, laminate. The management company says that when the final payment is made, they will take away from me the property that was damaged through their fault (supposedly they paid for it). I would like to know what law stipulates this and the deadlines.

8.1. No, that's wrong. Damage from the flood was taken into account, not the property itself. Read the agreement carefully, what is stated in it.

Did the answer help you?YesNo

9. After the apartment was flooded due to the fault of the Management Company, I wrote a claim to them (an independent examination was carried out in the presence of representatives of the management company). They sent a response by email stating that the claim had been accepted for consideration and they wanted to conduct a re-examination. Can I sue now? They might just be stalling for time, right?

9.1. Hello! You can. As for the examination, let them file a petition in court.

Did the answer help you?YesNo

9.2. Good evening! The management company has 10 days from the date of receipt of the claim to consider it and send a response or funds (Article 22 of the ZPP). After these deadlines have expired, you have the right to go to court. What they are doing is stalling for time.

Did the answer help you?YesNo

9.3. Hello, after 10 days from the date of receipt of the claim by the Criminal Code of the Russian Federation, you have the right to go to court with a claim for compensation for the damage caused.

Did the answer help you?YesNo

10. After sending a complaint to neighbors in the bay area by registered mail, what steps follow? How much to wait? Should I receive a notice stating how many days later I can file a claim in court? How will I know if my neighbors have read the letter?

10.1. Good afternoon Evidence of receipt of the letter by neighbors will be a notification of delivery, or if the letter is not received, it will be returned to you, but the claim procedure will be considered complied with. You need to assess the damage and then go to court.

Did the answer help you?YesNo

10.2. Good afternoon Margarita, they usually send a registered letter with acknowledgment of delivery. If the notification was returned, then they received the letter, the deadline for responding to the claim is not established by law, but usually a couple of weeks and in the future you can go to court, attaching copies of receipts indicating that you sent the claim.

Did the answer help you?YesNo

10.3. 1. Wait for the result, then, if the problem is not resolved through the claim procedure, contact the appropriate court. 2. As much as indicated in the claim. If the claim does not contain a response period - 7 days of receipt (clause 2 of Article 314 of the Civil Code of the Russian Federation). 3. If sent with a notification, the notification must be returned. 4. For example, by the track number on the Russian Post check, through the Russian Post website. If the neighbors did not receive the letter, they will still be considered notified, by virtue of Article 165.1 of the Civil Code of the Russian Federation. So it goes.

Did the answer help you?YesNo

11. If the apartment is mine, but according to a simple written agreement, it was managed by the father, can he act in court as a plaintiff for the seizure of the apartment to the Management Company? Before this, I wrote claims to the Criminal Code on my own behalf and he wrote on his own.

11.1. No, only the owner is responsible - Housing Code of the Russian Federation.

Did the answer help you?YesNo

11.2. Hello Julia! If you are the owner of an apartment, then you must be a plaintiff in court, and your father can represent your interests there by a notarized power of attorney or directly in court at your oral request. Those. you must be directly present there every time for this.

Did the answer help you?YesNo

11.3. No, a power of attorney from the owner is required. Or the presence of the owner. Or it could be a lawyer; he does not need a power of attorney.

Did the answer help you?YesNo

12. A week ago we received a letter from the court. The insurance company requires us to pay by way of subrogation. Allegedly, in 2020 we flooded our neighbors below. From the documents sent by the insurance company, there is no document confirming that the flood occurred through our fault. We don’t live in an apartment, we weren’t at home. Probably if we had a breakthrough, our property would also suffer. However, this is not the case. What should we do now? Where to contact? The court doesn't hear that there is no evidence of our guilt? Is it possible to file a claim with the insurance company?

12.1. Good afternoon. It is necessary to submit a reasoned response to the claim in court, point out in the response that there is no evidence of your guilt in the case materials, and ask the court to reject the plaintiff’s claims.

Did the answer help you?YesNo

12.2. It is definitely necessary to prepare a reasoned objection to the claim. Your guilt in the strait must be proven, only then are you liable for the damage. A report on the spill without specifying the reason for the spill will not be evidence of your guilt, but will only confirm that it was flowing from above. And then the reason should be indicated. Responsibility can be borne by both you and your hands. (for example, the riser burst, and not the pipes after the taps), neighbors of adjacent apartments are on top. Involve hands as a third party. If you do not agree with the cost of damage, ask to schedule a forensic examination.

Did the answer help you?YesNo

13. Sent a pre-trial claim to the defendant regarding the flooding of the apartment, after what period of time to file a claim if the defendant does not pay the money.

13.1. Good afternoon As a rule, the response time is established in the claim itself, but if this is not specified, then traditionally 30 days are given for a response.

Did the answer help you?YesNo

13.2. If in your claim you indicated a period for returning funds, then after the end of such period. If such a reservation has not been made, then submit immediately after sending, because a claim procedure between citizens is not required.

Did the answer help you?YesNo

13.3. Hello, Marina! It all depends on what time period for satisfaction of your requirements is specified in the claim? Usually they write a period of 10 to 30 days and after this period, if the requirements are not satisfied, they send the claim to court.

Did the answer help you?YesNo

13.4. Good afternoon The claim must indicate the period by which you wish to receive funds. It is also necessary to make sure that your claim has been received by the addressee (registered letter with notification, be sure to attach it to the claim), and from the date of receipt of your claim the deadline must be counted. For example: a claim was sent on 09/05/2018, received by the defendant (although it is not correct to call him a defendant, he will become a defendant only after filing a claim) on 09/10/2018. In the claim, you demand to pay the cost of damage within 10 days. This means that the last payment deadline will be September 11 (the procedural deadlines begin the next day) + 10 days. Therefore, from September 22, 2018, you have the right to file a claim in court.

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

14. The apartment was flooded with cold water from the apartment above. The water supply valve to the apartment is broken. The service life of the crane is 10 years, and in fact more than 11 years. The culprit of the Criminal Code. Question: “What is the period of time under the Civil Procedure Code provided by law for filing an application to the district court for compensation for repair and restoration work of the Criminal Code and what is the deadline for filing a claim from the moment of filing for a pre-trial settlement of this issue with the Criminal Code? Thank you in advance for your answer Vera..

14.1. Good afternoon, Vera! In cases involving flooding, the general statute of limitations applies. It is important to remember that the 3-year period is counted not from the moment of the incident itself - the flooding, but from the moment the owner learned of the violation of his rights. If you have any questions or problems, please contact us and we will help you resolve them. All the best!

Did the answer help you?YesNo

15. The situation is as follows, they compensated for the damage for flooding the apartment (the money was transferred by receipt NOT BY THE OWNER), a month later new claims, amounts and threats to go to court appeared! what to do in this situation?

15.1. Firstly, we can say that the Act on the flooding of the apartment was not drawn up, which means that there is essentially no evidence of flooding, harm (for example, what property was damaged) and your guilt in the flooding itself. This will be especially effective if there is no other evidence (such as the conclusions of a specialist or expert). Secondly, you can refer to dishonesty and inconsistency in the behavior of the party. Article 1 of the Civil Code of the Russian Federation tells us that when establishing, exercising and protecting civil rights and in the performance of civil duties, participants in civil legal relations must act in good faith. In this case, the neighbors, having received compensation, although demanded even greater compensation. If it is proven that such behavior is dishonest, the court will refuse to satisfy the claim.

Did the answer help you?YesNo

16. A claim for compensation for damage by way of subrogation from Alfa Insurance was received by registered mail. We are talking about a leak that led to a flood in the apartment below. Applications, incl. a copy of the bay act and a copy of the report. No one informed us about the extent of the damage; we were not invited into the apartment. Is it possible to somehow challenge not the fact of a leak, but the amount to be paid? Payment is required within 30 days. Thank you!

16.1. Good evening to you Dear Konstantin, in this case there is nothing to dispute yet. Wait until they file a lawsuit, then you’ll be able to talk about something.

Did the answer help you?YesNo

16.2. Good afternoon. Unfortunately, unlike Moscow, when drawing up a report on a leak in St. Petersburg, the culprit citizen should not be invited. You can challenge the act by requesting a forensic examination during the trial. Also, do you not dispute your fault for the leak?

Did the answer help you?YesNo

17. 1. Please tell me whether the presence of the person responsible for the flood is necessary when drawing up a report when flooding an apartment. If so, is the deed valid to file with the court or insurance company? 2. Recovery of damages by the insurance company by subrogation. What documents must be attached to the claim against the culprit by the insurance company. 3. In the receipt for recovery from the culprit of the flood, there is an address “Dear residents” without indicating the last name and first name. Is it important?

17.1. 1. The act of flooding the apartment is drawn up by the employees of the management company. Usually the culprit is invited, but if not, it doesn’t matter. 2. What does subrogation have to do with it? 3. It doesn't matter.

Did the answer help you?YesNo

18. The conversation with the chairman of the HOA regarding the bay of the apartment was recorded by me on a voice recorder. I said that there are no claims for material damage after the flood, I ask you to draw up a report on the cause of the pipe burst. The chairman of the HOA notified all the residents of the house that I wanted to receive money. Can I show the recording as evidence?

18.1. Proof of what? If you want to compensate for damage, you need a flooding certificate and an assessment of the damage. There is nothing to do in court based on the audio recording.

Did the answer help you?YesNo

18.2. The conversation on the audio recording does not prove anything; if there is a refusal to draw up an act of pouring, call appraisers who will record everything and draw up an estimate - this will be the evidence that the court will use as the basis for the decision.

Did the answer help you?YesNo

19. Due to the fault of the housing management, my apartment was flooded. I wrote a complaint to the housing department and indicated the amount to eliminate the flood, which I estimated myself. Their workers came, took a look and left. My bedroom set is damaged, there are huge stains on the ceiling. Please tell me, in what time frame should they give me an answer to my claim? Thank you!

19.1. Larisa, we must respond to your complaint within 10 days. If there is no answer, then you can conduct an independent examination and go to court. In court, you have the right to demand compensation for losses, penalties, compensation for moral damage, and a fine.

Did the answer help you?YesNo

20. ERIC filed a claim for debt on utility bills. We have counterclaims to the housing department about the flooding of the apartment and the required repairs. When should you file a counterclaim? At trial? And what should the statement of claim sound like?

20.1. It is necessary to file a claim for damages. In it you indicate what damage was caused to you (material, moral), refer to evidence of this damage and its amount (attach these documents to the claim). You file a counterclaim through the court office before the court hearing, or at the court hearing (the claim with copies of the attached documents is filed according to the number of persons participating in the case + for the court).

Did the answer help you?YesNo

The apartment was flooded from below. It seems like we are finding a compromise with our neighbors. We are ready to pay them a certain amount of money, but I would like to be on the safe side and issue a receipt.

The apartment was flooded due to the fault of the management company, the act and independent assessment are in hand,

When drawing up a statement of claim regarding flooding of an apartment. Such a moment as: state.

The apartment was flooded due to the fault of the management organization, there is an act confirming this fact,

The flooding of the apartment was due to the fault of the Management Company, there is a flooding certificate confirming it

We came to an agreement on compensation for damage to the flood of the apartment. How to formalize all this through a notary?

Please tell me what amounts are NOT included in the price of a claim for flooding an apartment? Price

The development company admitted fault for flooding the apartment (the house was commissioned in 2014). Currently

I live on the first floor, when I returned from work I discovered a flood in the kitchen (the floor, table, microwave were flooded)

As a result of a pipe break, a flood occurred in my apartment. The house is new (commissioned in 2014).

I flooded my downstairs neighbor’s apartment 1.5 years ago. He just approached me with a complaint. What is the turnaround time for the Gulf?

Sample and completed form of an act of flooding of an apartment due to the fault of the management company or housing office

Specialists from the Management Company or Housing Office must conduct a commission inspection of the place where the flooding occurred and make a decision on the reason for the flooding of the apartment. The commission may include the owner of the apartment, the building manager and other officials.

The act can be drawn up by specialists, but you need to know in what form it is drawn up. Before signing the act, be sure to check all the entered data and information.

One slightest mistake can exclude the fault of the management company or housing office - and shift it to the neighbors, for example, or even to you, the owner of the apartment.

A ready-made apartment flood report form is available for free.

Here are examples of acts that were drawn up by representatives of the management company:

Example 1:

Example 2:

Example 3:

We wrote in more detail about what should be in the contents of the act in the previous article.

General information about flooding

The first thing to do is turn off the electricity throughout the apartment. After all, a short circuit may occur due to humidity. Then you should go straight to the apartment whose neighbors are leaking water and inform them about what happened. It also happens that people in a flooded apartment don’t even suspect it. And if there are no neighbors at home, then they call the emergency service so that a team can come and turn off the water riser. Then many people will not have water. But the reason for this is the neighbor living above.

But after this, it’s time to take such actions in order to receive compensation for damage. Then you need to follow a certain sequence, otherwise you may not get the money.

1. They write a statement about flooding of the apartment.
2. Housing department specialists draw up a report on this.
3. If there is a trial ahead, then it is necessary to assess the damage, for which an expert is invited to draw up an opinion.

There is no need to clean up signs of flooding. After all, both when drawing up the act and during subsequent possible actions where damage will be recorded, it is necessary that everything remains in its original form.

If the culprit of the accident is a homeowners association or housing department, then you need to take pictures that fully show the damage to the property. The utility company is responsible for the following faults:

• ruptures of sewer pipes;
• congestion in them;
• roof faults.

A commission must be created whose members include the following persons:

• the owner of the affected apartment;
• eldest at home;
• service organization employee;
• HOA.

They inspect the apartment and record all damage. After this, it is necessary that all members of the commission put their signatures on the document.

How does the assessment work?

If flooding occurs, you do not need to immediately call an independent expert, since traces of the accident may appear after drying. When a company has been selected to carry out the inspection, all details must be agreed upon with the appraiser, including the date for the procedure.

The party that is at fault receives notice of the assigned expert review. The notice will be sent by mail.

It is important to understand that until a specialist appears on site, you are not allowed to eliminate the consequences of the accident on your own. An appraiser must come and record all damage to the home.

You will need to prepare some papers in advance:

• personal passport;

  

• a document confirming ownership of the apartment;

  

• a report drawn up with the participation of the operational commission;

  

• extract from the BTI (indicating the technical characteristics of the flooded premises);

  

• written confirmation that the culprit was notified of the examination.

In order to most accurately determine the cost of the damage received, it is better to present all the receipts, which can be used to indicate the value of the damaged property.

For example, these could be receipts for the purchase of a TV that was damaged due to flooding. Once you have the appraiser's conclusion in hand, you can expect to receive compensation from the housing company. If the issue cannot be resolved peacefully, then you can go to court, where compensation will be recovered from the culprit.

Legislation

Relationships and liability for damage caused are regulated by the Housing Code and the Civil Code of the Russian Federation:

Management companies are required to comply with the requirements for the maintenance of common property, approved by Decree of the Government of the Russian Federation No. 491 of 09.09.2017 . Paragraph 10 states that they must ensure the constant readiness of communication and engineering networks and maintain the architectural appearance of apartment buildings in decent condition.

General provisions

At the initial stage, as soon as flooding is detected in the apartment, you should not start cleaning. First of all, it will be necessary to record the fact of the damage caused. Of course, we should not forget about safety. It is best to immediately turn off the power to all electrical appliances and take care that the water does not continue to reach the neighbors below.

Next, it is important to make sure that the culprit of the accident is the utility service, that is, the leak occurred through their fault. The fact of flooding can be recorded immediately on your own, after which you should contact the housing department or homeowners association (depending on which organization the contract was concluded with). It would be good if there were witnesses to what happened, for example, neighbors.

There are major faults for which the management company will be responsible. These include:

• ruptures in sewer pipes;
• the roof turned out to be faulty;
• Blockages have formed in the wastewater outlets.

After receiving a report of flooding, a special commission is created. As a rule, it includes:

• Chairman of the service organization;
• owner of the premises;
• company employees who provided resources;
• senior house management

The commission inspects the accident site, assessing the presence of damage. As a result, an appropriate act must be drawn up, which is confirmed by the signatures of the parties.

Conflict resolution in court

If it is impossible to conclude a peace agreement due to refusal of voluntary compensation for losses or disagreements on the amount of damage, the injured owner should go to court. The case is opened after performing a number of actions:

1. Drawing up a statement of claim.
2. Providing documentary evidence that a flood occurred, the amount of damage caused and the defendant’s guilt.

How to make an application

The procedure for citizens to appeal to court is regulated by law. The dispute is considered if there are grounds in the form of a claim and a paid fee for the proceedings. The statement must take into account legal criteria and also contain references to articles, laws or regulations governing the controversy on the issue.

The statement of claim must contain:

1. Name of the judicial authority.
2. Complete information about the defendant and plaintiff, including registration addresses, full names and telephone numbers.
3. The name of the submitted document.
4. The price of the claim. The amount of compensation is indicated here based on the appraiser's conclusion.
5. Basic description. The circumstances of the incident and the list of actions of the defendant that caused the flood are listed. Evidence is attached - an assessment by the Housing Office and an expert.
6. Articles of legislation that serve as the basis for the plaintiff’s appeal.
7. List of documents that are attached to the application.
8. Date and signature of the applicant.

Important! The signature can be put not only by the injured owner of the apartment, but also by his representative acting by proxy.

Application

When filing a claim, you must provide the secretary with the following documents:

• housing title certificate;
• rental agreement (if you are not the owner);
• photocopy of the application to the housing and communal services;
• assessment reports with a list of causes and damage;
• expert opinion;
• checks for repairs and other housing maintenance costs due to the flood;
• refusal in writing to compensate for losses from an individual or legal entity (if any);
• receipt of payment of duty.

What to do before the trial?

In fact, only a few write a statement of claim about such cases. But if the guilty party did not agree to pay for the damage or offered a meager amount, then it is worth fighting for your rights and receiving well-deserved compensation. If the injured party has never taken part in a trial, then you should contact a lawyer to write a statement of claim.

It should be borne in mind that if utility companies act as defendants, they will involve lawyers, and one must be prepared for the arguments that the opposing party may present. But an experienced lawyer will not only write a competent statement, but will also be able to defend the interests of the plaintiff in court. And the money that will be paid to him can be included in the amount of compensation payable by the defendant.

[smartcontrol_youtube_shortcode key=”Application to the Housing Office about flooding of an apartment sample” cnt=”1" col=”1" shls=”true”]

When filing a claim, in addition to documents for the apartment, passport, utility bills and other standard papers, you must attach the following documents:

• the proper application form, which was submitted to the utility organization with a note of acceptance or refusal;
• expert opinion with a list of damaged property and the amount of damage;
• flood report;
• other papers.

It would hardly be appropriate to make forecasts for such cases, since practice changes from year to year. However, if an individual has suffered, and the culprit is an organization, then if you have the full necessary package of documents, you can still hope for the success of the enterprise.

Statement

A sample application sent to the housing office about flooding of an apartment must be drawn up correctly. It is signed by both the owner of the affected apartment and the chief engineer. The text should contain the following information:

• the date and time when the flooding occurred;
• recording the fact of damage;
• description of damaged property;
• the essence is where they ask to create a commission to inspect the home and draw up a report.

There should be no complaints or emotions in the document. The facts are presented in simple, concise and understandable language.

Form

As a rule, an application to the housing department about flooding of an apartment has a sample, a form that displays details with the name of the organization to which it is being submitted, the contact information of the applicant, as well as links to regulations. The injured party sets out in it the problem for which they had to apply, as well as their requirements. At the end of the document they put a signature and date.

If, during the period when the applicant draws up the document, he already has some other papers related to this case, copies of them should be attached. The application is made in two copies. One copy is kept at home, the second will be kept in the service organization. As practice shows, the statement that is drawn up by several people will have the most effect. This happens when there is not only one damaged apartment that happened to be flooded, but there are several of them. Then it is unlikely that the document will remain unanswered, and soon a commission will be formed and the necessary actions will be taken.

It is advisable not to send the application by mail, but to bring it in person and have it registered. After all, the flood report must be drawn up on the day of the accident or the next day. Otherwise, it will be impossible or very difficult to obtain compensation.

How is it compiled?

The legislation does not provide for mandatory requirements for an apartment flooding application, so it can be drawn up in any form. However, in order for it to have legal force, the following conditions must be met:

• The document is drawn up in writing. Although an oral statement must be recorded by the Criminal Code, in practice it does not entail any legal consequences.
• The document is submitted to the head of the management company - or to the company itself. In this case, there is no need to indicate to whom exactly this document is addressed.
• The document must detail the circumstances under which the flooding occurred. In particular, the date of the sinking, the approximate time it was discovered, and the consequences it caused should be noted.
• If the owner or user of the apartment intends to resort to the services of an independent appraiser, the application should indicate exactly when the expert will carry out the inspection.
• The application must indicate (at least approximately) the amount of damage caused by the flooding.

If necessary, the document may contain other information relevant to the case.

What and how to write

Let's return to the situation with the flooding of the apartment. So, let's say that you don't agree at all that you are to blame for what happened. Because a pipe in the wall burst, for which, in accordance with the norms of the Housing Code of the Russian Federation, the management organization is responsible. But the neighbors believe that the easiest way to get money is from you, so they addressed their letter to you.

In the answer, it is necessary to indicate as accurately as possible and with reference to the current legislation the true culprit, as well as evidence of his guilt, that is, an act drawn up following the accident.

A correctly formatted response to a claim for damages (sample) will look something like this:

We have also prepared a file for you where you can use a template to compose your response to a claim for damages. The sample is above. Download the file at the end of the article.

The main thing is to be extremely polite and keep it within two weeks.