Who to call when your neighbors are drowning. Neighbors from above are flooded: what to do and where to go?

The upstairs neighbors are drowning, they don’t open the door, they’re not at home, what to do, where to call

Water that flows along your ceiling, walls, can cause great damage to property and it is very important to act quickly, but for this you need to know what needs to be done to eliminate this inter-apartment flow.

The first thing residents do when they see their apartment flooded is run to their neighbors who are flooding, but the latter may not be at home. In this case, you should quickly notify the management company or housing office so that it can send workers to shut off the water supply to the house. Her phone number can be found at the entrance or on the website of your management company. One option is to call the water utility emergency service directly. In different regions, the emergency telephone numbers will be different.

Often, neighbors leaving leave their contact information, and sometimes they give the keys to the apartment to friends or residents closest to the floor so that they can water the flowers or feed the cat. First of all, you should notify the owners themselves. If they left the keys to someone, they will be able to enter the apartment and find out the cause of the flooding, and maybe even eliminate it.

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.

Also keep in mind what you need to do if your upstairs neighbors are constantly flooding you - step-by-step instructions with explanations.

Is it possible to gain access to a home without a neighbor's permission?

A person in a stressful situation may decide, for example, to break down someone else’s door, but this should not be done . The law will be on the side of neighbors who can file a claim for damage and illegal entry into their home (Article 139 of the Criminal Code of the Russian Federation). Considering that at the time of the break-in, the victim did not even have evidence that it was the upstairs neighbors who flooded the apartment, the claim will most likely be satisfied.

This may result in the injured party having to pay compensation and rebuild their own home on their own. In order not to aggravate their situation, lawyers advise immediately calling representatives of the company on whose balance sheet the apartment building is located.

What to do if you are flooded by your upstairs neighbors - step-by-step instructions

It doesn’t matter where your apartment was flooded, in Moscow, St. Petersburg, Astrakhan or Mytishchi, the algorithm of actions is the same. As soon as you see that the neighbors above you are flooding you, you need to follow the algorithm:

De-energize the room. This must be done so as not to accidentally receive a discharge of electricity and not cause a short circuit that could lead to a fire.
Go to your neighbors and notify them about the flooding of the apartment from below, so that they can turn off their water and eliminate the cause of the flood. If they are not at home, then you need to call the management company or emergency service so that they, in turn, can turn off the water. If you have a neighbors phone number, you need to notify them about the situation.
Arriving at your apartment, take photographs and videos of the consequences resulting from the flooding, that is, record the damage caused. Remove the water so that it does not go even lower and flood your neighbors below.
Call representatives of the management company to draw up a flood report. Here the presence of the guilty party will be required, since its signature on the act is required.
Assess the damage caused by your neighbor on your own or with the help of a specialist. To receive compensation, you need the opinion of a specialist, since your independent assessment may not be accepted for consideration in court.
Notify the at-fault party of the results of the assessment.
Write a complaint to your neighbor and if he agrees with it, then resolve everything peacefully, that is, come to an agreement. Draw up a document, for example, a receipt, indicating the terms and amount of damages.
If the culprit denies the fact of the flood or refuses to pay for repairs, then you are headed straight to court.

Where to complain

First of all, you need to complain to your neighbors who flooded you, since the faster the cause of the flooding is found, the faster it will be eliminated and the consequences will be minimized as much as possible.

If your neighbors flooded you and they are not at home, then you need to notify the management company. This is necessary so that its workers cut off the water supply. In the presence of representatives of the management company, a flood report is drawn up, which will be very useful in court. With this document, the court will not have to find out whether there was flooding or not.

The court is the last resort where you should complain if the neighbors do not want to resolve everything peacefully.

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.

Time limits for assessment and compensation of damages

Organizations involved in assessing the damage caused carry it out within 3 to 5 days . This period includes the entire assessment procedure, from calling a specialist to the results of the examination. There are no mandatory deadlines to be followed. However, it is best to carry out the procedure when all the consequences of flooding are most pronounced.

Compensation for damage can be either voluntary or judicial. On a voluntary basis, the victim and the culprit independently determine the terms of compensation for damage and, as a rule, draw up a document where this is recorded.

In a judicial procedure, the deadlines are determined by the court. He can determine when it will be necessary to pay the entire amount of compensation at once or at payment intervals, as in installments.
But it is worth noting that the statute of limitations for damages is 3 years, according to Article 196 of the Civil Code of the Russian Federation.

Sequence of damages recovery

Before filing a claim, a citizen must take several actions - determine the amount of the claim:
if it is below 50,000, then the dispute will be considered by a magistrate.
After this, a statement of claim is drawn up and the state fee is paid. Its size depends on the amount of the claim, in accordance with Article 333.19 of the Tax Code of the Russian Federation.
To win the case, the plaintiff must present enough documents - not only the flooding report, but also video materials and photographs of damaged things. You can even call witnesses who will tell you how things were in the victim’s apartment.

Important! Even if those responsible for the flooding do not open the doors, it is advisable for the victims not to break the law, so as not to give neighbors a reason to go to court.

And to avoid any special difficulties in case of flooding or fire, we recommend that you insure your apartment. Read our article about how to insure and what insurance will save you from.

You should not knock down doors or try to invade your home through a balcony or loggia. Call the representatives of the management company as soon as possible and draw up a report on the flooding - these actions will help to recover compensation in court, even if it is not possible to agree on a “peace settlement” with the neighbors.

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What to do if your neighbors flood you and refuse to pay

If the neighbors refuse to compensate for the damage voluntarily, then they will have to go to court.

To resolve the issue in this instance, the plaintiff will have to draw up a statement of claim, where he will describe everything in detail and determine the requirements for the defendant.

A damage assessment by independent experts is not mandatory, meaning you can even go to court with your own calculations. Previously, this could have resulted in your claim being denied. However, the clarification of the Supreme Court of the Russian Federation on these cases states that the court should not reject the claim even if the damage is not determined. In this case, the court itself must calculate the amount of damage based on the factual materials of the case. An examination is sometimes ordered if doubts arise about the plaintiff’s independent calculations.

Therefore, for the success of the case, the plaintiff can present his own calculations, photographs of damaged property, video recordings or other evidence, from which the court can independently assess the damage.

A claim can be filed not only against a neighbor. If his property is insured, and the insurance company refuses to pay you, then they can also be brought to court.

Water from the ceiling - neighbors don't open it

Take a sledgehammer and hit the door with it until they open it.
And why don’t they leave the apartment at all? Even for booze? You wait by the scruff of the neck in the emergency room, take the plumbers, and brazenly break into the apartment. You are simply, apparently, a decent, cultured person who wants to resolve all issues in a civilized manner. But, believe me, *** only understands profanity and aggressive training, which means you go to the local police officer and tell a terrible tale about how the neighbors were rowdy, screaming, “I’ll kill you,” and then there was silence (maybe they already killed each other). In the situation when a crime is suspected, the police have the right to open the door and conduct an inspection of private property (apartment) without the sanction of a judge. (Police Law)

What to do if you are constantly being drowned

If your apartment is repeatedly flooded by neighbors above, there are two ways. The first way is a peaceful settlement. If your neighbors compensate for everything, then you shouldn’t waste your energy on litigation and paperwork. The second way is court . Each fact of flooding will have to be proven, and the procedure is no different from flooding for the first time.

You don’t have to go to court every time your neighbors mess with your apartment and refuse to pay for it. The main thing is to record all these cases that occur regularly and their consequences, and later go to court. And in one court hearing, prove all the facts of flooding of the apartment and receive full compensation for all cases.

If the court doesn't help

The court will not be able to somehow prevent the possibility of your neighbors flooding your apartment again. He can only recover damages. And it will not be possible to find another system of justice for neighbors that is higher than the court.

It may not be your neighbors’ fault that they often flood your apartment. They may have a broken pipe due to its age, or there may be a small leak somewhere else. Simply put, the tenant must be at fault from above, for example, they spilled water or did not eliminate the cause of the previous flood, which led to a new one.

But there are cases when the court makes a decision on damages, but the defendant still does not pay it. To deal with such neighbors, you should contact bailiffs. They have the right to apply specific measures to help convince the debtor that the damage must be paid, otherwise he will have to endure some kind of hardship, for example, seizure of property.

Drawing up an act on the bay without neighbors

After eliminating the main threat to the property, it is necessary to draw up a report on the fact of flooding of your apartment, which should display the following information:

condition of walls and ceiling
condition of property, damaged wallpaper
damage to utilities
it must indicate the cause and culprit of the flooding

This document has very important procedural significance for further collection and must be signed by the chief engineer or director of the management company and certified by the seals of the organization. This document must have several copies certified by the seal of the Criminal Code “Copy is true.”

Bay of a privatized apartment

On the Internet you can find many questions about apartment renovation, both after a flood and for other reasons. And most often you can find questions that focus on the fact that the apartment is privatized, and whether there are any special features. There are no special features. A privatized apartment means that this property has been transferred from municipal property to private ownership. The owner of an ordinary apartment and the owner of a privatized apartment have equal rights and bear equal responsibilities.

How to find out who is responsible for a flood in an apartment?

First, determine the place where the water flowed from. If it's your neighbors' faucet, then it's their fault. Everything is clear here. But if a breakthrough occurred on the water supply riser, then you need to look:

the management organization is to blame - up to the first shut-off valve or other disconnecting device from the riser located in the apartment where the breakthrough occurred
the neighbors are to blame if after the tap or shut-off device

Important! Each owner is responsible for the maintenance of his property (Article 210 of the Civil Code). The texts of Articles 290 of the Civil Code of the Russian Federation and 36 of the Housing Code of the Russian Federation indicate that all communications in the house belong to the owners of residential premises on the right of common shared ownership.

However, the owners delegate authority to manage the house by concluding an agreement with management organizations. She is responsible for the integrity of communications.

The management company's area of responsibility is all water supply communications up to the shut-off valve in the apartment. After the control tap, responsibility rests with the apartment owner (clause 5 of part I of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491).

If there was a leak in the heating system, regardless of the presence of heating radiators or heated towel rails in your neighbors’ apartment, the management company is to blame. Clause 6 of Part I of the Rules refers the entire heating system to the area of responsibility of the management company.

Example: One of the cases of judicial practice was the Resolution of May 24, 2007 in case No. Ф09-3841/07-С1 issued by the Federal Arbitration Court of the Ural District. It notes that the management organization is responsible for the maintenance of risers, heated towel rails and heating radiators.

An exception will be independent re-equipment of the heating system (including configuration changes), without notifying the company maintaining the house and without coordination with the municipality. In this case, the owner of the apartment in which the renovation took place will be responsible.

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 neighbors from above are drowning and stomping: how to punish noisy residents of the upper floor

Photos and videos from the scene of the incident are also evidence of the scale of the incident, if the neighbors flooded, but do not want to admit to what they did. The main document that will be considered in court is the bay deed - how to draw it up correctly and in what cases it will be considered invalid - we’ll talk about that.

The tenants are to blame for the accident - they didn’t turn off the tap or something else - then they will compensate for the damage, and it is to them that you should address your claims.
If pipes burst in a neighbor’s apartment, then the blame for what happened lies with the owner.
If it is not possible to immediately identify the culprit, then the claim should still be made to the owner of the property, and he can then collect it from the tenants.

The neighbors flooded! What to do? detailed instructions

It is highly advisable to conduct an independent examination of the fact of the flood. The average cost for the Moscow region is about 4-5 thousand rubles. It is also necessary to invite specialists from a company engaged in repair work. Be sure to check the availability of a license and ask for an approximate estimate for carrying out all the work and restoring the original condition of your home. Be sure to save all receipts and certificates!

This is the most important step. Here you will definitely need legal advice - all statements of claim are carefully checked upon admission, and it may well turn out that a month after you submitted the documents, you will receive a letter stating that the statement of claim was drawn up with errors. It will be very disappointing. You can also find examples of statements of claim on the Internet.