Flooding of an apartment by neighbors or a management company: how to file an application to the court

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.

Procedure

As judicial practice shows, when an apartment is flooded, it is important to decide on two questions:

who is responsible for the bay;
what is the extent of the damage caused?

It is in the interests of the culprit to prove that he is not responsible for the problem or to minimize the amount of compensation. To prevent this from happening, after discovering a bay, a citizen must call the emergency service and invite representatives of the management company that maintains the house.

Each homeowner enters into an agreement with the management company, in which the company assumes the obligation to manage the apartment building. On this basis, the organization performs on its own or engages third-party companies to service property that is in common ownership.

Important! If the agreement is concluded not with the management company, but with the HOA, then this organization is responsible for maintaining the property that is in common ownership of the residents. For this reason, in the event of an accident in an apartment, representatives of the HOA are invited.

Until all specialists visit the apartment, the consequences of the flood cannot be cleaned up. Everything must remain in its original form.

Appraisal examination

Conducting an independent assessment allows the victim to substantiate the claim and recover compensation from the culprit. However, the culprit can also conduct an examination if he believes that the amount of damage was deliberately inflated.

The importance of assessing damage from an apartment flood for the court is so that the injured party can receive adequate compensation for the material damage caused and restore their living conditions.

What is assessed:

Condition of the interior decoration of the residential premises (damage and cost of repairs). Having documents confirming the costs of previous repairs will be a big advantage.
Damage to utilities (wiring, ventilation, heated floors, air conditioning system). When apartments are flooded, damage is almost always caused to engineering systems, which requires their replacement.
Household appliances (water causes the greatest damage to household electrical appliances).
Material assets and personal items that require repair or replacement costs.

An examination will allow you to comprehensively assess the damage after an apartment is flooded and answer the main questions:

determine the cause of the flood and the person responsible;
establish the difference in the market value of the apartment before and after the flood;
calculate the cost of repair work to restore the facility.

Drawing up an act

During the visit, company representatives draw up an act on the filling of housing. When drawing up a document, the presence of two parties is mandatory - the victim and the one who is allegedly responsible for the occurrence of this problem. The act specifies the following points:

time and place of the accident;
what caused the flooding;
degree of damage;
a description of all interior items and furniture damaged by the flood is carried out;
the cause of the accident;
personal data and positions of all official representatives of the company with which the agreement is concluded, present at the site of the flooding.

Based on the report, the amount of damage is calculated. To clearly demonstrate everything that is stated in the document, it is recommended to attach photos and video materials to it.

Procedure for consideration of a claim by the court

The court usually makes a final decision on a claim for flooding of a residential premises after four hearings. The algorithm for conducting hearings is as follows.

All original documents about the bay are included in the case.
The parties are heard.
The defendants admit guilt, but do not agree with the assessment of the damaged furniture.
Objections were added to the case.

At the next court hearing, they called the witnesses who drew up the report - a plumber, a foreman of a housing office.

Testimony of witnesses was heard.

What to do if your neighbors are flooded.

The defendant requested a re-examination. The court granted his request. The appraiser was tasked with finding out whether the furniture was actually damaged by water.

The investigation came to the conclusion that the furniture was indeed damaged due to the flooding of the apartment with water, and its repair was impractical. The judge made a decision to pay material damages for damage to the apartment and furniture.

Contact the bailiff department with a petition to initiate enforcement proceedings and forcefully collect money from the defendant.
If the culprit is a legal entity, send a petition to the bank to write off funds in favor of the plaintiff.

Full name formula, date of birth, place of registration, passport details.
Judgment number.
Full formula of the debtor's name and contact information. For a legal entity - address, identification number, other information.
The amount of debt.

The defendant can, within the first five days after receiving the decision, execute the decision voluntarily. At the end of the period, compulsory enforcement begins to take effect.

Compensation for material damage is paid both directly by individuals and legal entities, insurance agencies of the plaintiff and defendant, if they have purchased a policy against flooding of non-residential premises or apartments.

When drawing up an act of flooding an apartment, the victim needs to carefully analyze all its points, the presence of signatures of both parties and witnesses.

Contact an appraisal expert to determine the extent of damage caused to the property. All clauses of the apartment document must also comply with the law. Otherwise, the papers may be contested by the defendant.

Housing company

The management organization can pay compensation to the owner of the apartment only after a decision on this by the highest authorities, which rejects the justificatory arguments of the lawyers of the structure managing the house.

We suggest you read: When is it necessary to check out of an apartment when selling it and is it necessary?

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.

Who compensates for damage from flooding: the position of the Supreme Court

General payment rules are given in Chapter 59 of the Civil Code (Civil Code of the Russian Federation). In accordance with Art. 1054 damage caused to property is subject to compensation in full. This provision corresponds to Article 15, which states that losses caused are compensated in full.

When flooding occurred due to the fault of the management company or due to the use of low-quality household appliances, the provisions of the law on the protection of consumer rights are applied.

Article 14 enshrines the principle of full property liability of the seller, the manufacturer of the goods. In addition, when demands are not satisfied voluntarily, penalties are also imposed.

In disputes over flooding of an apartment, one cannot do without the norms of housing legislation. So, according to paragraph 4 of Art. 30 of the Housing Code of the Russian Federation, the owner of the property is obliged to maintain it in proper condition and to prevent mismanagement of it.

At the same time, residents must comply with the rules for using residential premises and common property in an apartment building.

The management company has its own obligations. In Art. 161 of the RF Housing Code deals with the maintenance and repair of common property. Accordingly, liability is provided for ignoring duties.

Who is to blame for the accident?

The residents of neighboring apartments located above or the management company may be to blame for the flood. To determine who is responsible, you need to understand the reason that led to the flooding of your home. This is done by a representative of the management company.

Important! If the flooding was caused by the negligence of the residents of the upper apartment, or an open tap, then the neighbors are blamed for causing the damage. They will be required to pay for repairs and the cost of damaged equipment or furniture.

If the reason that led to the flooding is the improper performance of the duties of representatives of the management company, then compensation for damage falls on the management of the organization.

Complaint to neighbors

Before filing an application to the court, it is recommended to submit a written complaint to your neighbors. It indicates all the requirements for those responsible for the accident, as well as the time the accident occurred, the cause of the flood in the apartment and the amount of damage. The claim is drawn up in two copies. Both are signed by both parties. The document is handed over to neighbors in the presence of witnesses. If those responsible for the flood refuse to accept the claim, then this is recorded in paper. After this, the document is signed not only by the injured party, but also by the witnesses. The claim is attached to the claim.

Which court should I go to?

If it was not possible to agree on compensation with the neighbors above, then you need to go to court.

Important! When the amount of the penalty is less than 50,000 rubles, the case will be considered by magistrates. This is stated in Article 23 of the first part of the Code of Civil Procedure of the Russian Federation. When the amount of damage exceeds 50,000 rubles, the claim is sent to a civil court. A case of flooding is being considered here. All this is relevant if the culprits are the neighbors above.

If the management company or another legal entity is responsible for the accident in the apartment, then the application for compensation for damage is sent to the arbitration court. To win the case, it is recommended to turn to professionals, since the interests of the organization will be represented by a lawyer on the defendant’s side. If the outcome of the case is positive, the defendant pays for legal services.

What to do if your neighbors below are flooded and how to behave

Many people wonder what to do if their neighbors below are flooded. It is necessary to study the legislative framework on this issue. The main regulatory legal act regulating this process is the Civil Code of the Russian Federation. It states that the person who caused the harm is obliged to compensate for it.

In the event of a conflict situation, the victim will have to go to court for compensation for harm. Evidence of damage can only be obtained through a comprehensive examination of the property. Therefore, it is also necessary to study the regulatory framework at the regional level regulating the procedure for carrying out expert activities. This is useful for the defendant in that in the event of an unfair assessment of harm, he can contact another organization and conduct the examination again.

In order to competently draw up a response to a statement of claim or a counterclaim, you will also have to look at the provisions of civil procedural legislation, namely the section “claim proceedings”. This regulatory legal act also contains provisions regarding the rules of jurisdiction and jurisdiction, which also must be kept in mind.

Flooding of an apartment always brings a lot of negative consequences, both to the homeowner and to the perpetrator of the incident. Therefore, many citizens resort to liability insurance. So, if it is insured and the flooding occurred without fault, then, as a rule, no problems with compensation arise.

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The first action that the person responsible for the incident must take is concluding a peace agreement with the victim. To do this, you need to visit the residential premises, determine the reality of the damage caused and, if necessary, ask for cash and sales receipts confirming the cost of furniture or damaged equipment.

indication of the parties and their passport details;
address of the flooded apartment;
confirmation of the fact of damage caused and its full compensation;
signatures of the parties and date of drawing up the document.

It is recommended to draw up two copies of this act. If the homeowner does not want to resolve the conflict peacefully, he will have to prepare for court proceedings.

Practice shows that if there is a reliable evidence base, the court takes the side of the plaintiff.

Responsibility for the accident

If the neighbors are found to be at fault, then those affected by the flooding of the apartment, according to the Civil Code, have the right to compensation not only for material, but also for moral damage. Those responsible for the accident who admitted responsibility or lost the lawsuit are required to pay:

the cost of damage caused at 100%;
moral damage (the amount is specified in the court decision);
services of an appraisal company;
attorney fees;
legal costs;
other payments as decided by the court.

Arbitrage practice

As judicial practice shows, if the flooding of the apartment was carried out by neighbors, then the actual damage is compensated 100% of the amount. The management company or any other legal organization responsible for the accident is also obliged to fully compensate for losses.

The situation is different when it comes to compensation for moral damage. The court's decision in this matter is not always made in favor of the plaintiff. The court may assign an amount to be paid less than the applicant requests or refuse this type of compensation.

Important! When an apartment is flooded not by neighbors, but due to the fault of the management company and other legal organizations, then the court decision is made in favor of the plaintiff if the defendant’s guilt is proven.

If your home was flooded, your neighbor or your upstairs neighbor may be held liable if no agreement is reached on compensation for the damage. In this case, the perpetrators pay compensation without their consent, but by court decision.

How to reimburse all expenses?

By the way, if the court satisfies your application, then the guilty person will compensate you not only for the damage, but also for the costs of the services of an appraiser, notary, postal and other costs, and of course the costs of a lawyer for flooding the apartment

who defended your interests in court.
So, feel free to contact a Gulf lawyer. It is an experienced Gulf lawyer
who will help you represent your interests most favorably in court in Moscow or the Moscow region and recover the maximum possible amount.

Our College employs true professionals who are ready to help the client in resolving issues related to the flooding of an apartment. Contact the Moscow Bar Association "YurProfi" and we will make every effort to ensure that your rights are properly protected.

January 27, 2010 Moscow

Magistrate of the court district No. 691 of the Podberezhny district of Moscow, with the participation of lawyer D.V. Ayvazyan. , under Secretary K,

having considered in open court a civil case on the claim of Elena Rostislavovna Sidorova against Masha Petrovna Gubanina for compensation for damage caused by the flooding of the apartment,

INSTALLED:

The plaintiff filed a claim against the defendant for damages

caused by the flooding of the apartment, motivating their demands as follows. July 11, 2009 through the fault of M.P. Gubanina, living in the apartment. 63 bldg. 15 bldg. Z on the street. Courchevelnoy in Moscow, a flood occurred due to a hose from a washing machine breaking during operation. As a result of the flood in the apartment of Sidorova E.R. Damaged: kitchen, toilet, bathroom, pantry, corridor and living room. The fact of the flood was recorded in the act of the commission of Remstroyexploitation LLC. The cost of work to eliminate the consequences of the flood was determined by an expert appraiser and amounted to 85,226 rubles. 35 kopecks In pre-trial proceedings against Gubanina M.P. a claim was filed, but the defendant refused to compensate the damage voluntarily. The plaintiff asks to recover from the defendant the damage caused by the gulf in the amount of 85,226 rubles. 35 kopecks, expenses for paying for the services of an expert -8,000 rubles, expenses for paying for the services of a representative -3,858 rubles. 30 kopecks, expenses for sending a telegram to the defendant - 314 rubles. 75 kopecks. and state duty costs - 2,600 rubles.

According to a copy of the financial personal account, the owner of apartment No. 63 in 15 k.Z on the street. Courchevel in Moscow is Masha Petrovna Gubanina (case file 62)

The defendant, having been notified of the date, place and time of the consideration of the case, did not appear at the court hearing, did not submit a motion to postpone the consideration of the case to the court, and did not report the reasons for her failure to appear. According to an extract from the house register of Gubanin M.P. registered at the address: Moscow, Kurshavelnaya, no. 15, k. Z, apt. 63 (ld. 61). Telegrams sent to the defendant were not delivered due to the absence of the addressee at home. According to the notice behind the telegram from Gubanin M.P. I didn’t show up at the post office. In such circumstances, taking into account that all necessary measures have been taken to properly notify the defendant about the day of the court hearing, however, the defendant does not receive registered correspondence at her place of residence, taking into account the opinion of the plaintiff’s representative Ermolova E.V. and lawyer D.V. Ayvazyan, who did not object to the consideration of the case in the absence of M.P. Gubanina, the court considered it possible to consider the case in her absence.

Representative of the plaintiff by proxy Ermolova E.V. and lawyer D.V. Ayvazyan supported the claims in full at the court hearing.

Having heard the plaintiff's representatives, checked and studied the case materials, the court considers the claims to be satisfied on the following grounds.

According to Art. 1064 of the RF PS, 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.

As established at the court hearing and follows from the case materials, Sidorova E.R. is the owner and registered in apartment No. 59, no. 15 k.Z on Kurshavelnaya street in Moscow (case sheet 7, 60). July 11, 2009 there was a flood of her apartment located at the above address. From the presented extract from the application log of the dispatch service department of Dez Podberezhny LLC it follows that on July 11, 2009. at 11 p.m. 00 min. from a resident of apartment 59, building 15-3 on the street. Courchevel, Moscow, received an application for a flood from above (case file 71).

The commission, consisting of the head of the site of Remstroyexploitation LLC Seleznev SB., landscaping engineer Mikhailichenko I.E., foreman Shvachko SV., 07/14/2009. an act was drawn up according to which on July 11, 2009 there was a flood of sq. 59 from sq. No. 63 in building 15 k.Z on Kurshavelnaya street in Moscow, due to a break in the hose connected to the washing machine (ld. 8). During the inspection of apartment No. 59, members of the commission recorded the following damage: in the corridor - leaks on the ceiling through water-based paint over an area of 1.2 linear meters; in the room - water-based paint leaks on the ceiling with an area of 3.5 linear meters, on the wall - peeling of wallpaper over an area of 2.5 linear meters; in the toilet - leaks on the ceiling due to oil paint on an area of 0.5 sq.m.; in the bathroom - on an area of 0.05 sq.m. a crack appeared on the ceiling covered with oil paint; in the pantry - on the ceiling there are leaks in water-based paint over an area of 0.2 sq.m.; in the kitchen - leaks on the ceiling with an area of 0.01 sq.m. (case file 8).

From the presented report on the cost of damage it follows that on July 17, 2009. expert Gartvina L.M., with the participation of Sidorov E.R. and Gubanina K.O, an inspection was carried out, apartment 59, building 15, building Z on the street. Courshavelnaya in Moscow. During the inspection, the expert took measurements and recorded damage:

- kitchen, area 5.80 m2, room decoration: ceiling - water-based paint, walls and floor - ceramic tiles, identified damage: - on the surface of the ceiling above the entrance on the left there is a yellow leakage spot on an area of 0.02 x 0.05 m, there are cracks at the junction of the ceiling and the wall above the door, 0.3 running meters long;

- corridor, area 9.60 sq.m., room decoration: ceiling - water-based paint, walls - imported vinyl wallpaper, floor - piece parquet, identified damage: - on the surface of the ceiling there are yellow spots of leaks in the area. 1.66 x 0.40 m, crack along the rustication 1.66 linear meters long with swelling and peeling of the finishing layer above the entrance to the pantry and bathroom; - on the surface of the walls on the wallpaper there are peelings of wallpaper from the wall in an area of 0.52 x 0.20 m opposite the door to the bathroom, the wall is damp, there are peelings of wallpaper from the wall at the butt joints; on the wall to the left of the entrance to the bedroom there is delamination and swelling of the finishing layer under the wallpaper over an area of 1.86 x 0.05 m, the wall is damp;

- pantry, area 1.40 sq.m., room finishing: ceiling - water-based paint, walls - vinyl wallpaper, damage identified: - on the surface of the ceiling there are yellow spots of leaks with peeling and shedding of the finishing layer in an area of 0.13 x 0, 76 m above the door; there are cracks in the finishing layer; - on the surface of the walls there are smudges on the wallpaper with peeling of the wallpaper from the wall over an area of 0.26 x 0.76 m, 0.15 x 0.37 m, 0.17 x 0.30 m;

- toilet, area 1.30 sq.m., room decoration: ceiling - oil painting, walls and floor - ceramic tiles, damage identified: - on the surface of the ceiling there are dark spots of leaks in an area of 0.15 x 0.10 mi 0, 17 x 0.07 m, 0.77 x 0.55 m; there are dark spots in the form of fungal formations;

- bathroom, area 2.40 sq.m., room decoration: ceiling - oil painting, walls and floor - ceramic tiles, damage detected: - on the “ceiling surface above the door there is a peeling of the finishing layer over an area of 1.37 x 0.07 m, there are cracks;

- room, area 14.20 sq.m., room decoration: ceiling - water-based paint, walls - vinyl wallpaper, floor - hardwood parquet, identified damage: - on the surface of the ceiling there are yellow spots of leaks in an area of 0.45 x 3.00 m, there is swelling of the filling of the joint of the floor slabs over an area of 1.34 x 0.05 m; -on the surface of the wall to the left of the window there is a peeling of the wallpaper along with the finishing layer from the wall over an area of 2.96 x 2.70 m.

Based on the results of the inspection of the apartment damaged by the flood, the expert generated a defect report for repair and restoration work. According to the estimate, the restoration of the damaged apartment, taking into account the cost of materials and 10 percent of wear and tear, amounted to 85,226 rubles. 35 kopecks (case file 22-59).

Representative of the plaintiff Ermolova E.V. at the court hearing she explained that, on behalf of the plaintiff, Sidorov E.V. 07/17/2009 entered into an agreement with JSC Mosekspertiza to assess the damage caused by the flood to the apartment, under which he paid the cost of work in the amount of 8,000 rubles. in two payments 5,000 rub. — 07/17/2009 and 3,000 rub. Truth, to notify the defendant of an inspection of the nirgyara by an assessment expert. sent a telegram to her, which entailed expenses in the amount of 314 rubles. 75 kop.

In addition, on November 24, 2009 on behalf of the plaintiff, (she) Ermolova E.V. entered into an agreement with lawyer D.B. Ayvazyan. for the provision of legal assistance, the cost of the service under the contract is 3,858 rubles. 30 kopecks

In accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation, each party must prove those circumstances that KriGgue og refers to as the basis for its claims.

Considering the sufficiency and mutual connection of the evidence presented in their totality, the court considers it established that Sidorova caused E.R. property claim

in the amount of 85,226 rubles. 35 kopecks

The plaintiff’s arguments about the reasons for the flood, which caused harm, were fully resolved and were not challenged at the court hearing; the defendant did not present evidence to refute the amount of damage.

Based on the evidence presented, the court believes that in order to compensate for the damage caused, funds in the amount of 85,226 rubles are subject to recovery from the defendant. 35 kopecks

By virtue of Art. 98 of the Code of Civil Procedure of the Russian Federation from the defendant in favor of the plaintiff are subject to recovery of expenses incurred to pay for the services of an expert in the amount of 8,000 rubles. (ld.PDZ), expenses for sending a telegram in the amount of 314 rubles. 75 kop. (ld.14) and a state fee in proportion to the amount of satisfied claims in the amount of 2,470 rubles. 82 kopecks (case file 5).

According to Article 100 of the Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, ... the court awards, on the other hand, the costs of paying for the services of a representative within reasonable limits. Taking into account the circumstances of a particular case, the court considers the amount to be recovered as compensation for the costs of paying for the representative’s services - 3,858 rubles. 30 kopecks (case file 17).

Based on the above, guided by the articles of Art. Art. 194-199 Code of Civil Procedure of the Russian Federation, court

DECIDED:

To recover from G. in favor of S. in compensation for damages 85,226 rubles. 35 kopecks, expenses for paying for the services of an expert - 8,000 rubles, for paying for the services of a representative - 3,858 rubles. 30 kopecks, expenses for sending a telegram 314 pro. 75 kopecks, and the cost of paying the state duty - 2470 rubles. 82 kopecks, and a total of 99087 (ninety-nine thousand eight hundred seventy) rubles. 22 kopecks

The decision can be appealed on appeal to the Sretensky Court of Moscow within 10 days.

World judge

Most Russians today live in apartment buildings, which invariably leads to clashes with neighbors. As judicial practice shows, conflicts between residents arise due to noise at night and on weekends, as well as flooding of apartments. It is the last option that is the most common for starting legal disputes.

It is important to understand what to do if you are flooded by your upstairs neighbors and where to go to receive compensation for repairs. It is extremely difficult to understand this area of law on your own, so it is necessary to consult with an experienced lawyer. Only a specialist knows all the sharp corners of the law and will help you get around them. The help of a competent expert is necessary to draw up an effective algorithm of actions, prepare and execute papers, protect the interests of citizens, etc.

If you need qualified legal support, there is no need to spend money on paid lawyers. Consultations from experienced lawyers on similar issues are available on our website. Experts will answer all citizens’ questions and tell you how to recover money for repairs from neighbors who systematically flood their apartment. Also, the help of a professional can come in handy when you flood your neighbors below. Only a legal professional knows what to do in such a situation and how to protect your interests. You can contact our experts by phone or through an electronic application on the website.

Online legal services allow Russians to save time, effort and money, as well as quickly receive an individual solution to their problems.