Call or letter?
Damage or physical wear of the roof entails a violation of the tightness of the coating and, as a result, the penetration of moisture into the roofing pie. Residents of the top floor of apartment buildings systematically face this problem. A wet ceiling and walls during active spring melting of snow or during rains means that the roof is leaking.
Why is it necessary, when the first signs of a leak appear, to contact the management organization that is responsible for the technical condition of the residential building? The sooner the causes of moisture penetration are eliminated, the less damage to the building’s building structures will occur.
. In addition, in a serious emergency situation, there is a high risk of flooding of premises, and this is not only damaged finishing, but also water damage to household electrical appliances and furniture, and the risk of electrical short circuit.
If small leaks occur, do not wait for the situation to worsen. Constantly wet building structures are a favorable habitat for fungus, which is not so easy to get rid of. It is worth considering that until the cause of the leak is eliminated, it is pointless to make repairs in the affected apartments.
So, if you find wet spots or water dripping from the ceiling, you should immediately alert the utility services - contact the management organization that manages the building with the affected apartment. The most efficient way is a telephone call to the reception or technical services. It is important to force the person receiving the call to formalize it in the form of an official complaint from a specific person, indicating the time of the call. However, practice shows that oral appeals (even with a personal visit to the housing department or criminal management office) rarely lead to results. You are much more likely to draw the attention of responsible people to the problem if you write a statement about a roof leak.
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Be sure to read: Roof acceptance certificate: review in detail
How can I force the court to fix a leak from my roof?
After the time allotted for the claim has expired, you can apply to the courts to protect your rights and legitimate interests. Based on the prepared claim, a statement of claim is prepared. It is filed with the district court if the cost of damage exceeds 50 thousand rubles (the vast majority of cases) or with the magistrate’s court (court district in the territory) if the amount of the claim is less than the given value.
The following must be attached to the claim:
- act of leakage;
- expert opinion on damage assessment;
- photographic materials;
- complaint to the management company;
- postal documents on sending the claim to the Criminal Code;
- response to the complaint (if any);
- copies of registration documents for the apartment.
You must pay a state fee. The filing routes correspond to those typical for filing a claim:
- personally;
- through a representative;
- by mail.
If the submission is made by a representative, he must have the corresponding right on the basis of a power of attorney executed by a notary. In the pleading part of the statement of claim, it is required to indicate the need to eliminate the leak as soon as possible by the defendant. Make a reference to the norms of housing legislation. in particular, to paragraph 1 of Article 161 of the Housing Code, which clearly states that the company that manages the apartment building must ensure the safe and favorable condition of the common property, taking into account the safety and comfort of the residents. If a leak occurs, comfort and safety are impossible. Consequently, the rights of the persons living in the apartment were violated.
The plaintiff in the process is the owner or tenant of the residential premises.
How to write a complaint?
If the roof is leaking, how to write a statement? An application for a roof leak is submitted to the housing department dispatcher. Usually the complaint is written in free form, indicating the full name and address of the applicant. When filing a complaint about a roof leak, you must make sure that the document is officially accepted, indicating the date and time of filing, with a signature and indicating the position of the representative of the management organization.
The complaint about a roof leak must be written in two copies, and a copy should be kept for yourself as proof of filing this document. The copy must also include the signature and title of the organization representative, as well as the date and time the complaint was filed.
The housing department dispatcher must promptly dispatch a full-time technical specialist to assess the damage and prepare a defect sheet for roof repairs. In most cases, a technical specialist is not sent, or nothing changes as a result of his visit - the management company is in no hurry to take real steps. In this case, it is necessary to submit an application to the housing and communal services about a roof leak addressed to the head of the organization.
The application must be as complete and accurate as possible. It is recommended to use a camera or video camera, setting the device to indicate the date and time of shooting - this will allow you to use photos and videos in the future as evidence as effective arguments
. It is necessary to record the damage received in photographs and videos - damage to the ceiling, walls, interior items. Purchase receipts for the damaged items should also be attached to the application.
If the roof of an apartment building is leaking, the owners of each affected apartment should file a separate complaint using the application form
. This increases the chances of prompt consideration of the issue.
When filing an application for a roof leak, the apartment owner must have a passport and a photocopy of it, as well as a document that confirms the rights to the apartment at the specified address.
What to write in an application for roof repair?
The application form is standard: in the upper right corner there is a “header” in which the details of the management company, address and full name of the property owner/tenant are indicated. Next, in the middle of the sheet, write the word “Statement” and below – the actual text of the claim.
Application for roof repair - sample
:
To the Head of Housing Office No. 74
Ponomarev E.N.
Copy: to the head of housing and communal services
Sovetsky district of Lipetsk
From a resident of house No. 8,
Be sure to read: The roof is leaking - we’ll draw up a statement based on the sample
managed by Housing Office No. 74
Samartseva V.I.
Lipetsk, Sovetsky district, st. Polevaya 8. sq. 36
House. tel. xxxxxxxxxxxxx
Statement
I ask you to take urgent measures to repair the roof in house No. 8 on Polevaya Street due to the fact that it has multiple damages. The destruction of the roofing resulted in numerous leaks in apartment 36, which is located on the top floor.
I would like to note that the roof in our house has not been repaired since 1993 and it has become completely unusable; residents have repeatedly drawn the attention of housing office representatives to this fact.
My family and I have been living at the address indicated since 1992; I have attached documents on the right to use the apartment. I have no debts for utilities.
After prolonged rains in my apartment, located on the 9th floor, as a result of leaks, the plaster covering of the ceiling in one of the rooms and the kitchen was damaged, the wallpaper became wet and came off the walls. The leaking water not only caused serious damage to the repairs, but also caused a short circuit in the socket, resulting in the TV being damaged.
In connection with what was written above, I ask you to form a commission that will inspect the damaged roofing, determine the scope of repair work and eliminate the cause of the leaks. These actions are provided for by Decree of the State Committee of Russia on Housing and Communal Services of March 9, 2004 No. 314.
Attached: certificate of absence of debt F-3.
Sincerely
(signature) Applicant Samartsev V.I.
Day month Year
The example provided will help you correctly structure the text of the application.
. It is best if the application contains a very detailed description of the damage caused and the consequences of constant leaks. It is important to indicate the consequences - both immediate and long-term bleak prospects. If possible, you should take photographs and attach them to your application. An assessment of the material damage caused will increase the weight of the appeal - the results of an officially conducted examination, receipts for finishing work performed in the apartment or damaged household appliances.
At the end of the application, you must provide a list of attached documents (certificates, photographs, receipts, etc.).
Awaiting roof repair
After submitting the application (with its mandatory registration), you should expect a visit from a technical worker who must inspect the roof for damage and draw up an appropriate report. Identified defects are eliminated by a team of workers sent by the management company.
Be sure to read: Estimate for roof repairs and its sample
To ensure that the wait for real action does not drag on indefinitely, it is recommended to systematically call housing and communal services representatives. In this case, the applicant will have an idea of the actions that the organization is taking to resolve his issue.
Rules for drawing up an application to the Criminal Code about a roof leak in an apartment building - sample and example of a document
When writing an application, claim, complaint to the Criminal Code or Housing Office, follow the following recommendations from lawyers:
- Please fill out the document on an A4 sheet.
- You can submit your application in handwritten or typed form.
- According to the meaning, divide the complaint into 3 parts: introduction, content and conclusion.
- In the introduction, create a “header”.
- In the “header”, in the upper right corner, indicate the name of the organization you are applying to and company details.
- In the same place, indicate the applicant’s details - full name, address and contact information. A telephone number is required to contact housing office employees, mechanics, and management company specialists.
- After the “header” the title of the document is written. In our case, you can write “Application”, “Claim”, “Complaint” with a capital letter in the middle of the line. Do not use quotation marks or a period after the title.
- What follows is the main, substantive part of the statement. It is necessary to state the entire essence of your appeal, what problems were identified, when the roof leak occurred, who tried to fix the problem, where the applicant applied. It is important to reflect not only the presence of a malfunction and a roof leak, but also all the nuances, for example, what is the nature of the damage (cracks, flooding, etc.) whose fault caused the leak.
- Keep the content brief. Divide the text into paragraphs. Rely on evidence and regulations. References to the regulatory framework will indicate the applicant’s awareness of his rights and a clear desire and ability to defend them.
- Put forward your demands in a list at the end of the application. You can demand an independent examination, draw up an apartment inspection report, and receive compensation.
- In conclusion, put your signature and the date when you submit the application to the Criminal Code or Housing Office.
- You can make a list of documents that you are attaching below. If they are not there, this is not necessary.
A statement about a roof leak should be written in several copies . You must keep one statement for yourself, confirming the acceptance of the document by the Criminal Code or Housing Office. It must be signed by either the head of the company or the secretary.
Indication of the position of the representative of the organization, as well as the date and time of filing the complaint are required!
You must submit another copy of the application to the organization itself, putting your signature on it.
Examples of applications to the Criminal Code or Housing Office in connection with a roof leak:
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