Flooding of an apartment is a nuisance that occurs in the life of almost every person. It’s especially sad if it happens immediately after repairs. In the Bay, the culprits are the neighbors living above or the organization that maintains the apartment building. Those responsible for the bay do not always strive to voluntarily compensate for the losses caused. To receive compensation, you need to know how to act in the event of a flood and which authorities to contact with this problem.
When the DEZ does not issue an act
In accordance with the requirements of the Housing Code and the agreement for the management of an apartment building, the management company is obliged to record the fact of flooding of the apartment by drawing up an appropriate act. In most cases, this requirement is met by utility companies. But, in a situation in which the company managing the house is the culprit of the flood, they try to either not issue the act at all, or draw it up in such a way that it cannot be filed in court.
In general, utility services, if they are to blame for the flooding of an apartment, constantly try to shift the responsibility onto the tenant. At the same time, they diplomatically keep silent about the fact that they are obliged to clean the risers, monitor the condition of the heating systems, and especially not to allow excess pressure in the water supply pipes.
So what should you do if the management company does not fulfill its duties in good faith in terms of fixing the flood of the apartment? The DEZ act on the bay is a document showing the cause-and-effect relationship between damage to the apartment and the fact of its flooding. In the Legislation of the Russian Federation (neither in the Civil Code of the Russian Federation, nor in the Code of Civil Procedure of the Russian Federation, nor anywhere else) there is no direct requirement to submit to the court the act of the Criminal Code. But there are requirements to provide specific evidence.
Such evidence is also provided by an examination of the reasons for flooding of the premises. Moreover, such a document has much greater weight in court for the following reasons. Firstly, this document is not just filled out with a pen on one piece of paper, but contains a detailed research part with photographs and measurements. Secondly, the one who draws up the document has undergone appropriate training in a forensic specialty and has a certificate. Thirdly, for his conclusion, the specialist signs under criminal liability for knowingly false testimony.
Thus, an expert opinion is indispensable in cases where it seems impossible to get the truth from the DEZ (management company or HOA).
MAIN CAUSES OF FLOODING:
- water hammer
- battery failure
- bathtub overflow
- failure of flexible liner
Current issues
Three reasons for non-payment
Despite the well-established methodology for compensation for damage resulting from roof flooding, there are situations that make it extremely difficult to recover funds:
- The statute of limitations has expired. If more than 3 years have passed since the drawing up of the act on the bay, then the right to claim damage is lost, unless you had good reasons for this, such as: severe illness, documented, loss of legal capacity, etc.
- You agreed that the management company/tenant will eliminate the consequences of the damage on its own: hang wallpaper, whitewash ceilings, etc. In this case, demanding monetary compensation may be considered by the court as receiving unjust enrichment.
- You repaired the damage yourself and did not record the fact of flooding in the form of a flood report. In this case, it will be difficult for you to prove the fact of damage, even if you have photo and video materials.
Water hammer
Try to imagine such a situation. A radiator or some kind of water supply pipe had been hanging there for three years, and suddenly, out of the blue, it decided to fly off. It’s hard to imagine such a fable, isn’t it? But this is exactly what the management company is trying to make the apartment owner believe, when it is 100% to blame for the flood due to the sluggish actions of its employees. The human factor has not been canceled, and, unfortunately, it becomes the cause of serious damage to the tenant’s property.
When starting heating or testing water supply after shutdown, the pressure in the water supply system is exceeded. water hammer effect occurs . Metal, fiberglass or other material simply cannot withstand the load and bursts either at the joints or (if the pressure is too strong) at any weak point.
This reason for the flooding of the apartment is most easily proven in court, since the chips on the metal show from which side the damaged fragment of the plumbing element was impacted. At the time of conducting a forensic examination due to flooding of the apartment, the expert pays special attention to this. It is especially important when conducting a water hammer examination to record that there is no external damage to the object under study (pipe, battery, etc.).
Thus, it is obvious to the court that the impact on the object was from the inside.
A statement of claim to the court against the housing office, management company, homeowners association or neighbors for compensation for damage as a result of the flood.
In any case, regardless of who was the culprit of the flood (the cause of the damage), it is necessary to collect as much evidence as possible of this event and the extent and nature of the damage. For this, all means are good, video recording, involving neighbors as witnesses, drawing up a leak report.
After this, it is necessary to draw up a legally competent pre-trial claim and send it to the management company or a neighbor. If your legal claim for compensation for harm is not satisfied voluntarily, then you must go to court to protect your rights.
It is also worth saying that when collecting money from a management company, the Federal Law of the Russian Federation “On the Protection of Consumer Rights” is subject to application, which gives a lot of procedural and material privileges to the plaintiff, and the amount of the claim in this case can double.
To assess the damage, call an expert8
Battery failure
This type of accident is especially relevant in the fall during test starts of the heating system or when heating is supplied. The reason for this is either the human factor or the deterioration of the heating system. In any case, the culprit of the accident is the organization responsible for the condition of the common property, namely the management company. Based on our work experience, we often come across attempts by these organizations to shift responsibility onto both the apartment resident and the contractors. However, judicial practice is clearly not on the side of management companies in this matter.
Cases about the bay of the apartment
When an apartment has been flooded, judicial practice shows that there may be several defendants in disputes over property damage. If there is a breakthrough in communications in the apartment to the shut-off valve, the management company is responsible.
The flood was caused by the negligent attitude of the neighbors, they are the ones who bear responsibility. It also happens that the cause of flooding of housing from below is poor-quality plumbing. Then the injured owner files a claim for damages against its manufacturer or seller.
Here is a description of several court cases heard by the courts. Situations similar to those described are found everywhere.
Determining the Proper Defendant
When an apartment is flooded due to a break in internal networks, a dilemma arises as to who to sue: the upstairs neighbor or the management company. The Supreme Court voiced its opinion on this matter in its ruling dated January 10, 2017 in case No. 58-KG16-27.
He considered a citizen’s cassation appeal regarding a claim for recovery of material damage caused by flooding of the premises. Which arose due to a break in the riser.
The first instance supported the requirements in full. At the appeal stage, the defendant raised objections to the claim. In her opinion, the responsibility for maintaining utility networks in proper condition lies with the management company.
The Supreme Court of the Russian Federation indicated that during the previous consideration of the case, the courts did not check whether the problematic riser belonged to the common property of the apartment building. And also the true cause of the flood was not established. As a result, the dispute was sent for a new trial to the appellate court.
How to calculate damage
The plaintiff filed a claim against the guilty party for damages caused by the flooding of the apartment. The defendant admitted the fact of causing damage, but did not agree with the declared amount. His representative insisted that the affected housing had not been modernly renovated before the flood.
The court of first instance did take into account the fact of wear and tear. However, the Moscow City Court did not agree with this point of view.
In the appeal ruling dated January 20, 2017 in case No. 33-0038, he noted that the condition of the premises should not be taken into account. If it is necessary to use new finishing materials to restore it, their cost is included in the actual damage.
Flooding of an apartment due to illegal redevelopment
It also happens that water from the apartment located above appears as a result of illegal redevelopment (bathrooms are combined, their area is increased). Then the injured party, in addition to compensation for damage, also demands that the neighboring apartment be restored to its original condition.
However, from the appeal ruling of the Moscow City Court dated December 14, 2016 in case No. 33-48629, it follows that it is necessary to act differently. Provided that the redevelopment by the owner of the property has been legalized, the question of canceling the permit should be raised.
And only then we can talk about returning the housing to its original state. Local authorities have the right to file such a claim.
Sanctions from the management company
The house management organization is obliged to provide quality services to ensure the normal functioning of the house. Its relationships with tenants are subject to consumer protection legislation.
If the apartment is flooded due to the fault of the management company, then it is liable in the form of a fine for refusing to satisfy the consumer’s demands on a voluntary basis. This is illustrated by the appeal ruling of the Chelyabinsk Regional Court dated June 14, 2017 in case No. 11-7432/2017.
They left unchanged the decision of the court of first instance, according to which, in addition to damages, the defendant was charged the fine required by law. At the same time, the costs of examination and representative services were awarded.
Bathtub overflow
Another reason for apartment flooding is overflow through the bathtub. This situation, of course, occurs much more than a failure of a flexible line or a battery rupture. But its consequences are no less tangible. This cause of flooding occurs where generally socially irresponsible elements live. The tenant, being intoxicated, turned on the water to run a bath and wash himself, and then went into the room and fell asleep. Moreover, he turned on the water under such pressure that the system for preventing the bathtub from overflowing could not cope with the volume of water. This picture is observed in almost ninety-five percent of cases when a flood (and not just one apartment, but the entire riser) occurs due to water overflowing through the bathtub. The owner of the apartment, who does not understand anything, cannot open the door for a long time when representatives of the management company knock on him and try to eliminate the accident.
But there is one great plus in this whole situation. The outcome of the trial with such a defendant leaves no doubt. Since the judge already sees from the very beginning who he has to deal with. And the plaintiff’s provision of evidence becomes more of a formality. Like any defendant, he can claim that there is nothing to be recovered from him. However, this does not mean that the Gulf litigation is hopeless. Because the debt collection system has undergone significant changes in the direction of effectiveness over the past 2-3 years.
Flexible line failure
Connections of sanitary fixtures are vulnerable places from the point of view of leaks. In our practice of establishing the causes of apartment flooding, tearing of flexible hoses (finishing) occurs very often. Moreover, this applies not only to the old housing stock, as it might seem at first glance. But also, oddly enough, to bays in new buildings.
Calling an independent expert to determine the cause of the flooding of the apartment is prompted by the desire to at least avoid liability for damage caused to the neighbor below by the bay. And, in addition, the customer of such an examination is driven by the desire to get the truth from the real culprit behind the flooding of the apartments in the building.
Failure of the plumbing connection (bidet, toilet, shower, etc.) occurs for four main reasons. The first is that the flexible line fell off due to water hammer; for a year the organization servicing the house did not keep track of the employee who exceeded the pressure in the water supply system. The second is poor-quality installation of the eyeliner fasteners. The third is the poor quality of the eyeliner itself (the desire to save money led to huge waste). The fourth is the failure of this element as a result of careless actions of the apartment owner or guest.
How can I prove that the line failure was not my fault? In such situations, they turn to specialized expert institutions. The essence of such an examination is to examine the broken finishing and the element connected to it for the direction of chips. This allows you to determine where the impact on the material of the element came from. More precisely, this helps to prove that the impact (pressure) came from within, that is, to exclude the fourth cause of the accident, which we discussed above. And, accordingly, initially exclude the very possibility that the owner of the apartment is to blame for the bay.
Drawing up an expert opinion on the causes of apartment flooding. A forensic expert conducts research, answering a question posed by a customer or a judge. The evidence base for a particular answer is the research part of the examination, which describes the circumstances of the case and the facts that answer the question. This document (examination of the circumstances of the gulf) is a guarantee for the court of the correctness of the decision made and, as a rule, it is enough to determine from whom exactly to demand the recovery of funds in court. After all, at the beginning of a Gulf court case, many parties are involved as third parties. And they end the process as a defendant. Such a nuisance for them occurs due to the establishment by a court expert of new circumstances of the gulf that occurred.
Determining the cause of the flood after repair.
Such specificity in our work can be found mainly when an examination is ordered by a court ruling. That is, the situation is like this. Two or three years ago there was a flood; it took about a year for the residents to make all sorts of promises to each other and try to resolve the problem out of court. The trial is in full swing, but the repairs have already been done , since there is no desire to live with leaks and peelings. What to do then? How to determine why the flood happened?
In such a non-standard situation, experts work mostly with documents. Namely, with the materials of the court case, where the entire history of what happened is described in detail, and they also make additional requests to public utilities. Management and operating companies keep a history of maintenance of their facilities. For example, the ODS magazine contains many details of floods and other emergency situations in apartment buildings. By comparing data from various materials, the expert establishes a picture of the flood that occurred. But judicial practice also knows a few cases when an expert directly states in his conclusion that it is impossible to establish the cause of the flood. But this is rather an exception to the rule. After all, an experienced specialist knows all the signs of a technical process, which is also the filling of an apartment. And where these signs can be found.
How to correctly determine the cause of the flood?
After all, it depends on this exactly who should pay for the damage caused to an apartment or non-residential premises by the bay. The main dispute over who is to blame for the flooding of the apartment occurs between the upstairs neighbor and the management company. After all, public utilities (DEZ, contractors, etc.) are doing their best to shift the responsibility, and therefore the financial costs of eliminating the damage, onto some resident from the house they service.
And in our practice of conducting an independent examination of the reasons for the flooding of an apartment, we often hear from a client over the phone that the DEZ said that it was the owner’s fault, not theirs. The most common alleged reasons for the flood, according to management companies, are the following.
In a situation where an apartment is flooded with sewerage, it is called a riser that is clogged with tenants (though it is not clear what exactly and how they determined this). That is, employees of the service organization openly make it clear that there is no need to make claims against them. True, this is only in words. But this approach also has a very strong effect on people who are in a stressful situation and are not particularly versed in the intricacies of housing and communal services.
When an apartment is flooded due to a breakdown of the meter (which, by the way, was installed by an employee of the emergency department), a burst battery, or due to another reason for the failure of the general building plumbing, they also try their best to convince the apartment owner that it is he who is to blame.
The law clearly defines the limits of liability for damage caused by the gulf. But just facts are not enough for the court. You also need to somehow prove DEZ’s guilt and, accordingly, your innocence. Yes, it is clear to you, as an actual eyewitness to the incident, who is right and who is wrong in the gulf, but the judge must literally chew this out. This is the essence of such a court document, which is called the conclusion of a forensic expert on determining the causes of apartment flooding . The essence of the expert's examination of the source of the bay is the research part of the examination. It contains photographs, measurements, location references and other points that show all the nuances of what happened. But the main component is the conclusions of the construction expertise. It is in them that the expert finally determines the cause of the accident and puts his signature on them.
The expert confirms his authority with certified copies of his permits, including the certificate of conformity of a forensic expert in a certain specialty.
Having added such a construction and technical examination to the materials of the court case, the judge with full confidence makes a decision to hold the DEZ (management company) accountable for damage from flooding of apartments.
Harm assessment
An appraisal company will help determine the exact amount. The injured party chooses which organization to contact - private or public.
When you have a conclusion with the amount of damage in hand, you must contact those responsible for the flood with this document. It is recommended to reach an amicable agreement with the neighbors of the apartment or representatives of the management company.
Important! The outcome of the negotiations depends on the amount of damage and the willingness of the guilty party to bear responsibility for the flood. If victims demand small compensation, the perpetrators pay it to avoid litigation. If an amicable agreement is reached, an agreement is concluded between the parties. It indicates the exact amount of payments, as well as the date by which it must be transferred to the victim’s account or delivered to him personally.
When the owner of an apartment damaged by a flood has received the full amount specified in the agreement, the person responsible for the accident may ask for a receipt. It states that compensation has been received in full and the victim has no claims against his neighbors. This document guarantees that there will be no future claims from the plaintiff regarding this incident.
As judicial practice shows, if an apartment is flooded, court proceedings can rarely be avoided.
Petition for appointment of an examination
During a flood damage lawsuit, each side presents a different type of evidence. Related to both the actual extent of flood damage and the cause of the damage. And when the evidence of both sides is generally similar to the truth, but at the same time is essentially opposite, the judge is forced to resort to the services of a forensic expert.
In accordance with the legislation, an expert is a person who has special knowledge in a certain field and has the appropriate legal status, confirmed by the certification system of forensic experts. Questions about the cause of flooding of the apartment and the ensuing amount of damage to the apartment are referred to construction and technical experts for consideration.
The applicant for the appointment of a forensic examination is one of the parties to the process (plaintiff or defendant). But information about the expert organization must also be attached to the application itself. To do this, we ask you to send us a corresponding request (a letter in free form) stating that you require this court hearing data. In response, we send you an information letter for the court about our readiness to conduct an examination of the bay, where we indicate all our data, and we also send you a certified copy of the certificate of conformity of the forensic expert. You then need to print out these papers and attach them to the application for examination.
If the court satisfies this request, then a ruling is issued in which our organization appears with the task of conducting a judicial construction, technical or appraisal examination. Next, the court courier or our employee delivers the case materials directly to the company’s address to organize research.
Current issues
How to determine the cause of the flood?
Usually this question is answered by the management company’s act, which is drawn up when the flood occurs. But in our practice, there are times when such information in it (this act) is indicated in two ways, or is completely absent, or the act itself is missing. This happens primarily when the apartment is flooded due to the fault of the EPD and utility workers do not want to take responsibility for the damage.
First of all, the expert needs to examine the wet areas of the apartment (kitchen and bathroom), as the most common source of uncontrolled water flow into the apartment, and the heating risers are also being examined. If necessary, the units and connections of plumbing elements are dismantled. The humidity level in these places is checked, as well as the nature of traces of use of the apartment’s plumbing.
How can I prove that I am not to blame for the bay?
A feature of the judicial process is its bureaucratization. Even obvious things require confirmation either by reference to a specific article of a specific law, or reinforcement by a legally significant document. Therefore, your salvation at the trial will be two main points. Or appealing to the necessary law or regulation, stating that the source of the flood is not in your area of responsibility (and for example the management company). Or an examination that will clearly show that the flooding process, from a technical point of view, did not occur through your fault .
Is it possible to eliminate the accident before the expert arrives?
Of course, this can and should be done. After all, the paramount importance is not recording the fact of the incident, but minimizing the damage. At first glance, the question seems strange, but the answer is obvious. But this is exactly what we are often asked by our clients who find themselves in a stressful situation. At the time of eliminating the leak, it is important to take as many photographs as possible, both of the source of the leak and of the process of eliminating the accident itself. All these photos can then be transferred to an expert or added to the materials of the court case regarding the flooding of the apartment . We pay special attention to the need to preserve for future examination the damaged element of the plumbing structure (burst fragment of the riser, flexible finishing, water supply meter, valve, etc.). These details are studied in detail by experts to determine the cause of the flood. Namely, it depends on the reason who will be to blame and who will pay a lot of money to the neighbors, you or DEZ.
I didn't have a gulf, and they blame me.
As a rule, this situation arises when the culprit of the accident is trying to shift the blame for the flood onto the tenant. They say that the battery in your apartment burst, which means you are to blame. The average person immediately gives up from the shock of what happened and such a phrase. But having pulled himself together, the apartment tenant understands that he has nothing to do with it. Only the obvious fact must be conveyed to the judge. For this purpose, an inspection of the place of water penetration into the apartment is carried out. The expert report on the cause of the flood in the research part clearly demonstrates the entire cause-and-effect relationship of the accident and subsequent damage from it. And the conclusions voice a point that will determine who is really to blame for the flooding.
The battery blew. Who is guilty?
, the management company is responsible for the maintenance of all systems in an apartment building . It is she, and not the operator, contractors, developers, etc. Each resident has (at least should have) an agreement for the management of an apartment building with the management company. In accordance with this agreement, which, by the way, most residents have never even seen, the owner of the apartment pays money (utility bills), and is provided with a service for comfortable living. is responsible for the failure of the heating system, including the battery . Therefore, if damage occurs from flooding of the apartment due to a burst battery, it is necessary to file a lawsuit only for damages.
Expert specialty 16.4.
In accordance with the certification system of forensic experts operating on the territory of the Russian Federation, in order to conduct examinations and draw up appropriate expert opinions, a certificate of conformity of a forensic expert is required.
To determine the cause of apartment flooding , specialists who have been trained in the forensic specialty under number 16.4 are brought in. “Determination of the causes and conditions of destruction of construction sites.” Construction and technical expertise for the court, performed by these specialists, is the basis for the court to make a decision on the relevant case.
Why do we need an examination of the cause of flooding in an apartment?
An expert opinion drawn up by a suitably qualified forensic expert is a document that has legal force. This means that it can be accepted as evidence of your innocence in court. What seems obvious to a tenant is not so to a judge. Therefore, you need to lay out in detail on paper things that at first glance seem obvious. Thus, this examination determines who exactly the judge will assign the obligation to pay a huge amount for damage caused by flooding of the lower apartment. You or utility services.
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Flooding of an apartment from the roof
Advice from lawyers:
1. There was a flood in the apartment on the top floor due to poor quality roof repairs. Who is being sued? What are the deadlines for filing a claim (the flooding occurred in March 2020, it was not possible to resolve the issue with the HOA amicably)? What documents are needed to file a claim? Cost of accompanying a lawyer? I can talk on the phone only after 19-00. I would appreciate an answer by email. mail
1.1. Hello, Love. Damage assessment needed. The statute of limitations has not expired, and therefore it is possible to file for damages.
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2. The apartment was flooded from the roof. I have already written 2 applications to the management company with a request to come and draw up a flood report. If they don’t respond, can I draw up a report myself?
2.1. You can contact an independent agency. The company, then with a lawsuit.
Did the answer help you?YesNo
2.2. Contact the expert bureau. Then file a claim with the Criminal Code and then go to court.
Did the answer help you?YesNo
3. At what intervals is the act of flooding an apartment from the roof drawn up? And will it be valid if the HOA draws it up in half a year?
3.1. Six months later is too much. Usually on the same day. In order to be valid as evidence in court, Art. 1064 of the Civil Code of the Russian Federation.
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3.2. In accordance with the Decree of the Government of the Russian Federation dated 05/06/2011 N 354 (as amended on 07/13/2019) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (together with the “Rules for the provision of utility services...), the act of filling must be drawn up by the contractor and signed by him no later than 12 hours from the moment the consumer contacts
to the emergency dispatch service. If there are traces of flooding, it is quite possible to compile it after another period of time, because 12 hours is calculated from the moment the consumer contacts. But in court, such an act may be viewed quite skeptically; most likely, a construction and technical examination will have to be carried out. They had no right to refuse to draw up the Act if there was an appeal. This violation can be appealed to the State Housing Inspectorate.
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4. I wrote a statement to the court about the flooding of the roof in my apartment, as a result the roof of the housing and communal services was flooded and I wrote a statement to the housing and communal services for damages. They (housing and communal services) gave me an answer that they redirected my application to the regional repair fund, which collects capital. repairs, i.e. they make it clear that it is the fund that should pay for the repairs. Please tell me that now the court will refuse and send me to file an application with the regional repair fund or will the housing and communal services be responsible?
4.1. 15 and 1064 of the Civil Code of the Russian Federation - damage must be compensated in full by the Criminal Code.
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5. I am writing a claim to the Management Company regarding compensation for material damage due to flooding of the apartment due to a roof leak. And I discovered that I did not have a signed agreement with the management company. What should I count on in this case and what should I do?
5.1. Hello, Svetlana Mikhailovna. In your situation, you do not need a contract to file a claim, but you should make an assessment of the damage. If you need help resolving your issue, please contact me and I will be happy to help you.
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6. The contractor was repairing the roof, and during the rain my apartment flooded twice. Reports have been drawn up, an estimate of the cost of repairs has also been made, and a pre-trial claim has been submitted. We are filing a lawsuit. Please tell me, on the basis of which legal acts can a penalty be requested and from when is it calculated (from the moment of flooding, from the moment the report is drawn up, or from the moment the claim period has passed)?
6.1. When discovering deficiencies in the work performed (service provided), the consumer has the right, at his own discretion, to demand: free elimination of the deficiencies in the work performed (service provided); corresponding reduction in the price of work performed (service provided); free production of another thing from a homogeneous material of the same quality or repeat work. In this case, the consumer is obliged to return the item previously transferred to him by the contractor; reimbursement of expenses incurred by him to eliminate deficiencies in the work performed (service provided) on his own or by third parties. Satisfying the consumer's demands for the gratuitous elimination of defects, for the manufacture of another item, or for the repeated performance of work (provision of a service) does not relieve the contractor from liability in the form of a penalty for violating the deadline for completing the work (provision of a service). What penalty are you asking them to pay? The period for calculating the penalty begins to be calculated from the moment when the first day of delay (due date, satisfaction of claims, etc.) has arrived.
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6.2. It is better to ask for a penalty from the moment of the claim.
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7. I have an examination in court with paper photos.. I made a new renovation... the defendant wants to challenge my examination based on my photos (printed on paper) - not digital! My defendant states that his expert can do this... (the judge allows this dubious examination to be carried out) I do not agree - what to take as a counter action... Is it legal to re-examine the damage caused by flooding of the roof in an apartment using photos printed on paper.
7.1. Good evening! Have you received a determination to order an examination? You must provide the digital photos you have to the expert organization to determine the damage caused.
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7.2. Good afternoon. It is possible to conduct an expert assessment of the damage caused using photographs. You can propose to the court to request from your expert institution primary documents, photos, videos that were taken by your experts. Then the likelihood of an inaccurate assessment will increase significantly, and I would cast doubt on the fact that the defendant asks to transfer the case to a familiar expert for examination. There is a clear fact of interest. Request to be held in a facility under the supervision of the court, but definitely not where the defendant requests.
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8. How to file a claim addressed to the management company regarding flooding of an apartment (from the roof of the house), if I am not the owner of the apartment and have not carried out an independent assessment of the damage (due to the small amount of damage)?
8.1. You can submit an Application in free written form (2 copies), the main thing is that your copy is stamped with a seal, input. No. and signature, if they refuse to accept it, you can send the Application by registered mail with notification and inventory.
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8.2. Hello, Maxim. If you have not assessed the damage, you need to obtain a flooding report from the management company and, based on this, file a claim.
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9. Good afternoon everyone. Question: A court decision has been made against the administration to carry out capital work in building “n”. The administration enters into an agreement with LLC “X” to carry out work in house “n”. After the work is completed, the roofs begin to leak and the apartment below begins to flood. Litigation. In court, the administration and LLC “X” and the manager were named as defendants. Question: who will be the defendant? The trial has been going on for more than a year.
9.1. Hello! The proper defendant in the case will be the organization with which the administration entered into an agreement to carry out repair work.
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9.2. Hello! The proper defendant in this case should be the administration. Since the responsibility for repairs is assigned to her, and who she entrusts it with does not matter.
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10. Damage to property in my apartment was caused by a leaking roof. When the management company calls, they say that repairs will be carried out in the spring after the weather warms up. Who should I contact to draw up a report on damage to property as a result of flooding in order to recover damages from the management company?
10.1. The cleaning act is the responsibility of the Criminal Code, please contact them there. If there is a refusal, contact the state housing inspectorate and get an assessment from an independent appraiser. Good luck.
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11. Litigation with the management company and the developer regarding flooding of the apartment, leakage of the roof. The Criminal Code fails to appear in court twice. What happens if the Criminal Code Defendant does not appear at the third court hearing.
11.1. They may well make a decision in absentia and without the participation of the Criminal Code, especially if the case contains information that the Criminal Code was duly notified of the court hearing.
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12. Litigation with the management company and the developer regarding flooding of the apartment, leakage of the roof. I took out a loan from Sberbank to renovate my apartment. I want to show interest on the paid loans to the defendants. What documents are needed for an additional claim. This will be the third court hearing. On two occasions the Criminal Code did not appear for trial.
12.1. The main documents are evidence of your losses, that is, a cream 5 children's agreement and the amount of interest paid, in addition to evidence that you spent this money on repairs.
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13. I am the owner of an apartment on the top floor. There was a leak from the roof. Can the management company refuse to eliminate the causes of the leak and pay for damage caused by flooding due to existing debt on utility bills?
13.1. Good afternoon The existence of a debt by the owner to the management organization is not a basis for the latter’s refusal to perform work and services, much less to compensate for damage caused as a result of its inaction.
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13.2. Can not. These are two different topics: debt and damage to your property. Receive an act of flooding and file a lawsuit against those who aggravate (increase) this damage as a result of inaction.
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14. Please tell me what is the procedure for compensation for damage in case of flooding of an apartment due to the fault of the HOA, where to start, what documents need to be completed? And how to force the HOA to fix the leak on the roof? Thank you.
14.1. Draw up a flood report, then an examination, assessment, claim and lawsuit. This is not easy. Contact us.
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15. I live in an apartment in a three-story building (top floor), today a heating pipe on the roof burst (rotten), a suspended ceiling saved the apartment from flooding. Since it was sagging very much, afraid of breaking, I made an incision and drained the water. Representatives of the housing office arrived, turned off the water, fixed the problem and left without drawing up any reports. Actually, what is the question: Is it possible to demand compensation from them for damage (replacement of the stretch ceiling), given that I cut it myself?
15.1. If the Criminal Code is at fault in the impulse, then you have the right to compensate for both material and moral damage.
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16. My apartment was flooded from the roof. Housing and communal services are at fault. has been drowning since February 17, 2014 and regularly. I don’t have the flood report (the first one). supposedly it is not in the housing and communal services either. The last flooding occurred on July 15, 2015. There is a report. Housing and communal services refuse to compensate for losses, they say give me a piece of wallpaper and we will buy it and replace it where it is flooded. But the plaster will turn yellow and always protrude. What should I do.
16.1. Hello! The algorithm of your actions should be as follows: 1. Draw up an act on the bay with the participation of the management company/homeowners association; 2. Invite an independent appraiser to determine the amount of material damage; 3. File a claim in court in accordance with Article 131 of the Code of Civil Procedure of the Russian Federation. 4. Recover material damage, as well as moral damage, from the tortfeasor in accordance with Article 1064 of the Civil Code of the Russian Federation. 1. Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm. By law, the obligation to compensate for harm may be imposed on a person who is not the cause of harm. The law or contract may establish the obligation of the harm-doer to pay compensation to the victims in excess of compensation for harm. The law may establish the obligation of a person who is not the causer of harm to pay compensation to victims in excess of compensation for harm.
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16.2. In this case, on the basis of Article 15 and 1064 of the Civil Code of the Russian Federation, go to court for damages.
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17. After the apartment was flooded due to a leak in the roof, the management company drew up an estimate for damages in the amount of 2 rubles. less than the cost of work on the services market. The management company does not give an answer to the question why such tariffs for services. Are there any standards for determining the cost of work and materials? Thank you.
17.1. You need to make an independent assessment of the damage and go to court with the Criminal Code. p.s. The management company will naturally underestimate the damage, since they are interested in its minimum amount.
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17.2. Draw up a flood report, an examination of the damage and go to court. The management company will not pay voluntarily.
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18. A week ago, the apartment was flooded due to poor-quality roof repairs by the management company. The next day, I submitted an application to the Criminal Code with a request to provide an employee to draw up a flood report. A week later there is no reaction from the management company. The fact of flooding was captured on photo and video, a copy of the application is in hand with a mark of acceptance. What to do next?
18.1. State Housing Inspectorate 129090, Moscow, prosp. Mira, 19 +7
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19. Housing and utility services do not refund costs after an apartment is flooded from the roof. Referring to the fact that they did not give me a cashier's check, but gave me a receipt, where the company's seal is, the name of the work and who carried out the work.
19.1. Hello! 1. Submit a written complaint. 2. If they don’t respond, go to court.
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20. I live in a municipal apartment on the 5th floor in a 5-story building. The snow began to melt and water from the roof began to flow into the apartment. I called representatives of the residential complex and they drew up a flood report. My furniture and recently made renovations (ceiling, wallpaper and laminate) were damaged. How can I recover damages from the residential complex? Is it necessary to call an independent expert to assess the damage? And is it necessary to contact the housing complex with a demand for compensation for damage or go straight to court? Municipal apartment. Sincerely, Eduard Anatolyevich.
20.1. You can calculate the damage yourself, but it is better to get an expert’s opinion. First, submit a written claim to the management company/homeowners association; in case of refusal or lack of response, go to court.
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We submitted an application to the housing and communal services for reimbursement of expenses for repairing an apartment after flooding from the roof.
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