ᐉ What to do if the neighbors upstairs flood and don’t open the door. mainurist.ru

Wars between neighbors due to floods appeared when humanity invented multi-story buildings. Someone didn’t turn off the water, someone’s sewer pipes were leaking, a faucet broke in someone’s apartment….

No one can be immune from such troubles. But any normal person, even the most calm and balanced, will lose control of his emotions when he sees the scale of the disasters caused by the flood. It becomes especially offensive if the apartment has just recently been renovated.

What to do if your apartment suffers from the fact that it is constantly drowned by the neighbors living above? Where to go and what acts need to be drawn up?

The upstairs neighbor is constantly drowning. What to do about it?

If you are still unlucky and you become the “lucky one” who was drowned, you need to make decisions thoughtfully and act only within the legal framework.

Dealing with the flood should be done gradually, following the following stages.

If you see that your apartment has turned into the epicenter of a flood caused by a neighbor living above, then the first thing you need to do is secure your home. To do this, you need to turn off the electricity, since its interaction with water can be harmful to health and even life.
Next you need to notify the living people from above that they are drowning you. If no one opens the door in an apartment located on the top floor, you should not break it down, since this is illegal. Try to shut off the water supply to the apartment, and, if necessary, to the entire entrance.
Despite the desire to immediately remove everything, dry it, and sometimes even wash it, the next step should be photo or video recording of the consequences of what happened. If the neighbor does not agree to compensate for the damage voluntarily, evidence of material losses will be useful in further struggle.
The most important evidence in the fight for compensation for losses will be the act, which you need to be able to draw up correctly.
If in your house the residents know each other not only by sight, but also by name and surname, then there is the possibility of an amicable resolution of the issue. If you don’t know your neighbors, then your next step should be to find out the identity of the neighbors who are drowning you.
It is imperative to figure out whose fault the flood happened. The neighbor is not always to blame for what happened. We need to figure out what exactly happened: a breakthrough or inattention of the residents of the upper apartment. If the leak occurred on the water supply line, then the culprit will be the local housing department (house management company). They are the ones who bear full responsibility for accidents that occur in sections of risers and pipelines, since they collect money from residents for their maintenance.
If, nevertheless, the neighbor is to blame for the incident, then you can try to negotiate compensation for material losses without the intervention of a third party. To do this, you need to invite him to your apartment in order to demonstrate to him the scale of the trouble caused by his fault.

It often happens that people are ready to resolve everything voluntarily, without bringing the flood case to court. If you completely refuse to admit your guilt and compensate for losses, you will have to seek help from the court.

In any case, you need to notify the management company about the emergency and invite specialists to record the incident by drawing up a written report.

When notifying representatives of the housing department or management company about the incident, you should definitely ask the name of the employee who is accepting your appeal. It is also worth asking under what number it was recorded (a note about it must be entered in the registration journal with the obligatory assignment of a serial number and an indication of the time and date).

If over the phone they refused to provide you with a specialist to go to the scene of the incident, then you have the right to clarify the reason for this.

All these formalities will be useful in further legal proceedings. Especially if the housing department itself or the company managing the house turns out to be the guilty party.

What to do if the upstairs neighbors are drowning, but they are not at home or they don’t open the door?

/ Bay / Recommendations from lawyers - what to do if your upstairs neighbors are drowning and they are not at home?

The situation is difficult and unpleasant, especially if no one lives in the apartment above, and there is a pipe break. There is a danger of being left without water for a long time.

Stopping the Flood

The algorithm is aimed at minimizing damage. It includes the following immediate actions:

Urgently turn off the power to the apartment.
Call emergency services.
Notify the housing office or management company.
Try to shut off the water in the riser yourself.

When a flood is detected, there is still no information about the presence or absence of neighbors above. But worse than damaged property is an electric shock that will lead to an accident. The primary action in such a situation is to urgently run to the switchboard and turn off the electricity.

The apartment is de-energized, now you need:

Notify neighbors that they are flooding residents.
Secure valuable property.

It is advisable to share responsibilities. While one family member tries to contact the culprits by knocking on their door and dialing their phone number, other family members must take measures to preserve the property. Furniture, office equipment, clothing - all this is removed away from where water gets in.

An attempt to shut off the water in the entire entrance can cause a breakdown of communications in the entire house. Responsibility falls not on the culprit of the flood, but on the one who directly did it. It is recommended to wait for emergency services and act independently in exceptional cases.

How should the injured party behave?

The absence of the perpetrators at the scene of incidents makes it impossible to:

Stop the flood quickly - through their apartment it’s faster than waiting for emergency services;
Negotiate the terms of the damage compensation agreement, draw up and sign this document.

But the agreement can be drawn up later, but for now it is necessary to take measures to record the damage caused and draw up the necessary documents.

Next up is:

In the first case, you need to contact a representative of the housing office or management company, who will draw up a report. It requires the signature of the neighbors responsible for the flow. Otherwise, in the presence of witnesses, a record is made in the act that there are no neighbors.

An important nuance that complicates the answer to the question of what to do if the neighbors from above are flooding and they are not at home is the exact location of the breakthrough. If water is pouring from above, it is not at all necessary that the culprits are the residents of the apartment above. These could be neighbors:

A few floors up;
From the neighboring entrance, with adjacent walls and communications.

The task becomes more difficult if the flood occurs on a weekday in the middle of the workday and no one is home.

How to understand that the residents of the house (do not open the door)?

But the culprits may not open the door on purpose. They understand that the longer they are not presented with a claim, the higher the likelihood that they will be able to avoid financial liability. You can find out about their presence by direct and indirect signs:

Light in the rooms;
Footsteps, the sound of dishes and washing the floor;
Electricity consumption (if the electric meter is remote);
Noise of water flushing in the toilet, bathroom;
The sound of a cell phone when trying to call the owners of the apartment;
Other characteristic signs indicating the presence of culprits at home.

Hot heads suggest that in situations where neighbors are flooding and they are not at home, call the local police officer and open the door. But this should not be done, because Russian legislation protects private property rights, such actions are illegal. Finally, a sane police officer will refuse such an adventure and will be right.

Here are the questions that can be resolved with the help of the district police officer:

Contact the culprits by phone and call them home.
Expedite calling emergency services and representatives of the housing office and management company.
Attest (at his request) in the act the fact of flooding and the absence of neighbors.

We draw up a deed without the apartment owners

As soon as the threat of further flooding and causing even greater damage has been eliminated, you need to begin recording the fact that the apartment is flooded. The act is the main document; the victim must receive it. Its absence sharply reduces the chances of compensation for the harm caused. He is:

For the court - the basis for satisfying the claims;
For the culprit - a reason for voluntary compensation for damage.

The act reflects:

The incident itself, its date and place.
Those present are emergency service workers, housing office workers, a local police officer, and other neighbors.
Cause of flooding.
List and extent of damaged property.

The document is signed by all persons included in it. The absence of the apartment owners responsible for the incident must be indicated.

Gulf Act

Sometimes the emergency service and representatives of the management company travel to the scene of an incident for a long time. The victims may understand, taking into account similar situations in the past, that they can wait more than one day for all these persons. A new question arises about what to do if there is a flood and no one from the services or housing office arrives in the next few hours.

It is likely that you will have to turn off the water, draw up and sign the act yourself. It includes:

all information specified above;
data on the absence of representatives of the management company and emergency services;
witness data.

The latter, together with the victim, sign the document.

The absence of signatures in the act by the person responsible for the flood and representatives of the housing office, their disagreement with it, is taken into account by the court, and the document may be subject to doubt.

The received act is half the battle to compensate for the harm caused. It is necessary to carry out an assessment through an examination. It is carried out by construction experts who have certificates issued by a state forensic institution. The service is paid, the costs for it are included in the claim or in the amount of compensation under the agreement or settlement agreement.

Having carried out all the necessary measures indicated above, the victims should have:

The act of the flood.
Construction and technical expertise.

Based on them, a statement of claim is drawn up in court. All data is already indicated in the documents, which must be referred to when drawing up the complaint itself. Copies of the act and the examination are attached to the claim, the entire package of documents is prepared in two copies (one for the defendant) and sent to the court.

The main difficulties are related to the behavior of neighbors who:

Do not live at the specified address, their whereabouts are unknown;
Deliberately avoiding receiving a subpoena.

In these cases, all that remains is to contact the local police officer or the services of a detective, who will establish the location of those responsible for the flood. In other cases, the case is considered in the manner prescribed by civil procedural law. The law allows 2 months for this. The court decision can be appealed in appeal and cassation.

Conclusion

In general, the algorithm of actions in a situation where someone is drowning from above is simple. The main recommendation on what to do if your upstairs neighbors have flooded and won’t open it is to not panic, fix the leak and take measures to fix the damage. The culprits may appear later, but it is advisable to have an act in hand by this time.

You immediately need to act as if the neighbors won’t show up, and you’ll have to go to court. This line of behavior is the most advantageous, since it leaves no room for unpleasant surprises. It’s worse when, in the hope that your neighbors will behave conscientiously, you have to deal with rudeness and dishonesty.

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NOTE!

Due to constant changes in laws, information is often out of date;
General information does not guarantee a successful solution to the problems encountered.

In this regard, FREE legal experts work for you. Hotline in Moscow.

Author of the article

Migrelova Anastasia Pavlovna

Practicing lawyer in the field of housing relations. More than 7 years of successful practice in disputes related to privatization, premises flooding and real estate transactions.

by:

Source: https://info-zhilish.ru/chto-delat-esli-topyat-sosedi-sverhu-a-ih-net-doma.html

How to draw up a flood report

One of the main evidence of flooding and the scale of the resulting losses is an act - a written document that records the time of the incident, the date and provides a detailed list of all the consequences.

Such an act must be drawn up in two copies, one of which (the original) must be kept with you. A document is drawn up in the presence of several eyewitness neighbors and representatives of the service company.

If for some reason the latter did not appear, this fact must be indicated in the act, which must be drawn up on the day of the emergency or, in extreme cases, the next day.

When drawing up a report stating that the tenants living above are flooding you, you also need to indicate the exact reason why the flood occurred. To do this, it is better to involve independent experts who know how to do their work efficiently.

They will professionally document the true causes of the disaster. The expert opinion will have to be paid for by the interested party with further compensation for the cost by the culprit of what is happening.

The act must accurately indicate all items that were damaged due to the fault of the neighbors above (their name, quantity, scale of damage). Inspection of things should be done carefully, without missing any clothing, equipment, or other items.

If there is such a possibility, then the neighbors who drown you from above should be invited to jointly draw up a report so that they can personally verify and record the amount of damage caused.

Make sure that all witnesses and representatives of the management company have certified the act with their signatures. If at least one of them is missing, the act may be considered invalid.

If the total cost of repairs required for an apartment after a flood is high, then you can hire independent appraisers who can skillfully determine all the necessary financial investments and draw up an estimate to support all this.

The neighbors flood us, but they don’t open the doors!

Procedure in case of a flood.

If you detect a flood from above, do not panic. There are a number of steps you should take:

Turn off the electricity supply to the apartment.
Turn off the water.
Record the situation in a photo or video.
Complain about the incident to the management company or HOA.

Recovery of damages through court

If the issue of compensation for damage cannot be resolved amicably, it is worth resorting to other legal methods of solving the problem. Article 131 of the Civil Code of the Russian Federation stipulates the list of necessary documents for going to court. These include:

Flooding report (copy).
A report drawn up by an expert regarding damage due to a flood.
An inventory of things damaged by the flood (indicating their full value).
Defective report and local estimate. These documents indicate the amount of funds required for repairs.
Documents confirming ownership of a flooded apartment.
Receipt of payment for expert services.
A statement of claim to the court with a request to recover material and moral damages from the culprit. The statement indicates the defendant in the claim.
Receipt for payment of state duty.

What to do when you are flooded, but the culprits are not in the apartment or do not open the doors?

Residents of the damaged apartment are trying to find out as soon as possible why they were flooded and are trying to find the culprit. If water is dripping from the ceiling, it is obvious that the problem happened with the neighbors above .

The most stressful scenario is the inability to contact the alleged culprit of the incident and stop the leak.

The main thing in such a situation is to maintain a sober mind. If the upstairs neighbors don’t open the door, you can go up to the floor above and ask the residents if everything is okay with their water . After all, it also happens that the flood occurred on the seventh floor, and apartments up to the fourth or third were damaged.

If you find out that the neighbors are to blame for not opening the door, you need to call the emergency service of the housing office or representatives of the management company. They have the authority to close the water supply valve on the common riser, stopping the flow of water in the locked apartment.

Attention! In practice, the owner of the damaged apartment can also turn off the valve if he knows where it is. However, it should be remembered that unauthorized shutdown of water is an offense and entails administrative consequences.

Notify the management company or housing office that someone's pipe has burst

If it is possible to establish that water continues to flow in an apartment, the owners of which cannot be contacted, you should call representatives of the management company, the housing office - the organization that is responsible for the condition of the apartment building.

Reference! Calling, for example, representatives of the management company is mandatory even if the residents opened the door and the threat of a flood has passed. It is the management company that must document the consequences of the flood and draw up an act that the parties sign.

The act is drawn up even if the neighbors declare that they are ready to compensate for the damage . It will be evidence for the court if citizens do not fulfill their promise.

When the management company workers arrive at the scene, they will decide what to do - most likely, they will immediately stop the water supply throughout the riser.

It is advisable to wait for the arrival of the residents of the apartment where the flood occurred . If a management company employee wants to leave, the victim can take his phone and arrange a visit as soon as someone shows up in the apartment.

What to do if your neighbors flood you

— This may be a disadvantage for the plaintiff. When drawing up the act, it is necessary to record that the perpetrator is notified of the date and time of drawing up the act. The guilty party should still come to the drawing up of the act, reflect their opinion in it and check the correctness and reliability of the records.

The neighbors above were flooded - what to do and where to go

For people living in apartment buildings, a common situation is when they are flooded by neighbors from above. What to do, where to go – these are the first questions that arise for residents.

Here it is important to promptly record the flooding occurring in the apartment and try to minimize its consequences.

Upon completion of these stages, it is worth starting to demand compensation from the perpetrators for the damage they caused.

Call emergency services and record the fact of damage

Call the emergency dispatch number to arrange for a repair team .

They will arrive at the scene and do everything necessary to stop the flood, after which they will transfer the information to the management company (MC) or to the housing office servicing the building, and notify the residents of the apartment above, through whose fault (presumably) the incident occurred.

Before the repairmen arrive, it is advisable to record the consequences of the flooding using photos and videos and invite neighbors who can confirm the fact of the accident in the future.

How to compensate for damage?

To receive compensation, you need to go through several stages, including court proceedings, in cases where the guilty party refuses to pay for material damage.

If at the stage of eliminating the causes of the accident and drawing up a report on the flood it was not possible to accurately determine the culprit of the accident, you need to act quickly and order an examination.

Using this procedure, the exact cost of the damage caused is also established.

How to assess damage and the amount for compensation

Assessment of damage resulting from flooding of an apartment is the most important element of compensation for damage caused. It is from this that the losses that need to be compensated will be calculated.

It is important to understand that, according to the law, namely Article 15 of the Civil Code of the Russian Federation, the assessment of damage includes not only the cost of damaged or destroyed property, but also the work that must be carried out to restore the property.

Assessing the damage caused by sudden flooding of an apartment can be divided into several stages:

Contact a specialist and agree on the time when the event will be held;
Notification of the culprit party about the date of the procedure;
At the appointed hour, the relevant employee arrives at the affected premises and conducts an inspection, documenting in writing each damage found;
Examination and calculation of the cost of damaged property and restoration work.

Is it possible to assess the damage yourself?

You can calculate the damage yourself, but there are some nuances. The owner carrying out the procedure must understand the repairs and correct assessment of the property, otherwise the amount of damage will be determined incorrectly and, accordingly, the amount received from the guilty party may not be enough for restoration. The culprit will have to agree with the victim’s assessment.

If the culprit refuses to compensate for the damage, he will have to go to court, and he may doubt the correctness of the assessment. Therefore, it is best to call specialists and conduct an independent examination.

In court, you can present an estimate indicating the cost of the repairs as the amount of damage. As a rule, in such situations the court takes the side of the victim.

Step 1. What to do first?

So, you're flooded by your neighbors. Don't rush to clean up the consequences in your apartment. First, turn off the electricity at the distribution panel. Due to increased humidity, a short circuit may occur. After the power is turned off, notify your neighbors on the floor about what happened.

If you see water pouring down the ceiling and walls, it means that your neighbors upstairs are probably not there - otherwise they would have already taken action. Under no circumstances should you try to break down the door to their apartment yourself. Only police officers have the right to do this, and not always.

Call emergency services immediately. This way you will protect yourself from possible problems with neighbors due to the door breaking, and will also be guaranteed to stop water leakage. The reason does not always lie in the forgetfulness of neighbors. It is quite possible that the flood occurred due to the emergency condition of pipes or equipment.

Source: https://kor66.ru/konfiskaciya/5390-sosedi-zataplivayut-nas-a-dveri-ne-otkryvayut.html

What to do if the neighbors who drown you rent an apartment

If during the proceedings it turns out that the neighbors living above are still to blame for the flood, and they do not live in their apartment, then the tenants will have to compensate for the resulting material and moral damage. Water not turned off in time, faucet broken, washing machine broken - all this is not the fault of the apartment owners, but their tenants.

Although, there are cases when the owner of the living space is to blame for what happened. If a pipe bursts in an apartment, then all responsibility rests with him, since it is the owner of the home who must monitor the serviceability of the pipeline located in his apartment.

If a controversial question arises about who is to blame for drowning you, then you need to demand compensation from the owner of the apartment. And only after the court decision is made, the owner can launch another process in which he will prove that the tenants are to blame. Only after this the apartment owner will be able to demand reimbursement of costs from his guests.

What to do if the neighbor upstairs floods and does not open the door

The document indicates the full name of the neighbors from whose apartment water is supplied and the cause of the flooding. All damage after an emergency is described, the extent of the damage caused is described, and items that are out of order are indicated. It is important not to miss a single piece of furniture, clothing, shoes, etc.

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So, let’s take a step-by-step look at the actions that should be taken to resolve the issue called “my neighbors are flooding .” If the upstairs neighbors, who turned out to be the “reason for the celebration,” immediately compensated for the material damage caused, then this article is clearly not for you. Difficulties arise if housemates categorically refuse to do this. Here we will tell you how to do the right thing and help you figure out, in accordance with the law of the Russian Federation, who is really to blame for the flood. Let's move on to the guide itself:

What to do if you can’t resolve the flooding issue amicably

If attempts to resolve the issue peacefully are unsuccessful, then the injured party needs to go to court.

To do this you will have to do the following:

collect a package of necessary documents (a copy of the completed flood report; the full cost of things damaged by the flood and the cost of necessary repairs, calculated in the defective report; estimate documentation for the repairs carried out and documents with which you can confirm your ownership of the home);
write an application to the court to recover material and moral costs from the culprit (you must clearly indicate the defendant in your case).

You can go to court on your own, but with the help of a lawyer, you will be able to draw up a legally competent application, accurately collect the entire package of documents necessary to start the trial, and effectively defend your rights in the courtroom.

It is worth understanding that even if the court decides in your favor, the culprits who defraud you cannot always immediately and fully compensate for all costs. Sometimes this process can take a significant amount of time. You can protect yourself from such problems by insuring your home against accidents.

Neighbors upstairs flooded: step-by-step instructions, procedure and advice on where to go in case of a flood

The situation when neighbors from above flooded the apartment can affect anyone. We will try to develop a line of behavior in this case. Let's figure out how to save what you've acquired and get compensation.

Preventing fire

Water can short out electrical wiring in the wall. To prevent a fire from starting, you should immediately turn off the power to the room. To do this, turn off the voltage in the electrical panel, which you will find on the site at the entrance.

What to do if it's dripping from the ceiling

If you are wondering what to do if your neighbors upstairs are flooding, then the culprit has already been found. Next, start solving the problem itself.

Notify the owners about the leak. They may not be aware of the current situation. If you're lucky and find safety valves, turn them off.

Also contact emergency services and tell them what happened. Contacts are written on the information board at the entrance, but it’s better to save them in your phone in advance. Write down the dispatcher's details and application number. The information will be useful if it comes to litigation.

What to do if there are no residents at home on the floor above

If the residents above do not open the doors, and water continues to pour from the ceiling, then there is no one there. All that remains is to save the property until the emergency crew arrives.

Move all equipment and other valuables to a safe place. This could be the next room. If you take it out into the entrance, take care of protection from looters. Now be patient and calmly wait for help.

What to do if you are already flooded

After eliminating the leak, you will be concerned about where to go if the neighbors above are flooded. It is reasonable to inform the management company about what happened. Specialists will conduct an inspection and describe the causes and consequences of the incident.

The commission must determine who is responsible for the incident. The culprits may be the residents who flooded or the management company.

When inspecting the scene of the incident, a report is drawn up. It must record all damage incurred. Now you know what kind of act they draw up in case of flooding by neighbors above. Make sure you don't miss anything.

If the flooders admit guilt and are ready to compensate for losses, then a settlement agreement is drawn up. In the case of insured property, you should contact the insurance company. If you cannot resolve the problem peacefully, then get ready for litigation.

It’s quite easy to remember the algorithm of actions if the neighbors above flooded.

Time limits for going to court

The preparatory work before the consideration of the case may last for an indefinite period of time. The victims are in a hurry to receive compensation for the losses incurred and agree to any amount of money from the culprit. The question arises, what is the time limit for going to court in case of flooding by neighbors upstairs, and is it worth rushing?

In legal practice, there is such a thing as a statute of limitations. In the case of flooding of apartments by residents above, a 3-year period is applied. During this time from the moment the leak is discovered, it is allowed to go to court.

List of documents for trial

The following documents will be required:

damage report;
an act received from the Housing Office or an independent expert describing the defects;
estimate of work if repairs have already been done. Don't forget the receipts as proof;
statement of claim.

It would be a good idea to attach photos and videos of the flooded room.

Resolving the issue in extreme cases

If you have received a positive decision on the proceedings, but there are no payments, then contact the court for a writ of execution. Submit this document to the bailiff service. Here the situation will have to be kept under control. Otherwise, all the limitation periods will expire, and you will not receive compensation at all.

What to do if you fill it regularly

If you have flooded it once, then it is already clear what to do in this case. In practice, it happens that they are filled regularly.

Here it is advisable to fully collect the evidence base and go to the justice authorities. From experience, such an action should motivate the residents on the floor above to take the problem seriously.

When flooding, make a decision without fuss. In a calm state, perform the entire algorithm of actions. This way, you will save time to save your property and spend less nerves worrying. You can only believe that everything will be resolved easily and quickly.

What to do if the neighbors living above constantly drown

Sometimes it happens that neighbors flood the apartment. This can happen to anyone living in a multi-story building not on the top floor.

But what if this happens more than once, but constantly? It is imperative to combat the fact that your neighbors are systematically drowning you using legal means. In such cases, you need to go to court.

Today it is possible to evict tenants who constantly violate the rights of people living in the neighborhood through legal action. Systematic flooding is included in the list of violations of the rights of residents.

To do this, you need to do the following: you need to provide evidence to the court that you are being flooded repeatedly. In this case, you need to prove the fact that the neighbors were notified about this, that you demanded compensation from them for damage and asked them to eliminate the problem that leads to you constantly drowning.

It will also be necessary to prove the fact that the culprits did not take any measures to eliminate the causes of systematic floods.

Water from the ceiling - neighbors don't open it

First, you need to document the mess in your kitchen. Secondly, yes, it is necessary to demand that the entire riser be turned off. Write a notice and hang it in the elevator, at the entrance door, on the notice board (wherever it will be conspicuous) that the riser is turned off because such and such an apartment is drowning the neighbors below. If the riser is turned on again, then go to the neighbors below you and say that because... bang your head against the wall, stop placing basins and they will flood too (you can exaggerate a little). Again, demand that the riser be turned off. The main thing is to cause massive indignation among the majority of neighbors. As a result, your bad neighbors will be forced to open the door.

Complex issue . Our upstairs neighbors were flooding us. But this happened 2 times in 20 years. We didn't go anywhere, although, of course, it was unpleasant. Most often, this happens because the hose breaks off at the washing machine. And because of a blockage in the upper drain pipe (the second upper hole in the bathtub). And the plumber uses any means to convince the naive housewife that this top drain cannot be cleaned, that all the plumbing, the pipe system, and the concrete screed need to be changed. All the troubles of flooded and upper apartments come from this cunning ass of plumbers. And if you contact (even for decent money) specialized pipe cleaning companies, then in case of problems with the remaining pipes, the housing office will write in the report that the tenant from the upper apartment is to blame, because he turned to plumbers not from the housing office, even if the housing office’s own pipes were leaking.

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If neighbors from above are constantly drowning - what to do, where to go and what laws will help

But it happens that the culprits who live on top and systematically flood you, categorically refuse to compensate for the losses caused by their fault, and avoid communicating with you. There is no need to quarrel with them, contact the housing maintenance office (HEC) or the homeowners association (HOA), calculate the damage with the help of an invited appraiser and go to court with the documents.

To avoid legal red tape, there is another solution to the problem - apartment flood insurance , which is often offered with fire insurance. If you are insured, do not forget to report the flood to the insurers within two days from the moment of flooding.

26 Apr 2020 glavurist 228

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What to do and where to go

Having discovered that the upstairs neighbors are once again drowning the apartment, remaining calm, you need to turn off the electricity (on the panel) just in case. After this, you can go up to your neighbors, ring (knock) on the door and ask them to turn off the water supply. If the cause of the leak is a sewer pipe, call a plumber immediately.

If there are no neighbors above the house, and the flooding continues, you need to call the housing office and leave a request, describing the situation. After contacting the housing office, their workers will come and block the riser. After this, you need to call an employee of the housing department in the shortest possible time and draw up a report, film all damage from flooding, without touching anything - in case of going to court, this will serve as material evidence and the basis for the amount of compensation.

It is preferable to draw up a damage assessment with an invited appraiser who knows what documents need to be drawn up and how to do this.

If the upstairs neighbors drown often, it is better to record the procedure this way every time. It is important to note that the appraiser conducts the examination in accordance with the standards, and not according to the words of the victim. The documents that the victim receives must bear the seal of the appraiser’s organization.

If, after the first flooding, the victim did not immediately go to court, and the neighbors above continue to drown, you need to warn them that reports and assessments have been drawn up about this fact, and now the victim will file an application for judicial review. If after this the neighbors above again did not react and refused to compensate for the losses, you can safely go to court.