Neighbors flooded and don't want to pay in 2021

Procedure for flooding an apartment

What to do if your apartment is flooded? The procedure itself is quite simple and is an algorithm of the following actions, in order:

1. Drawing up a report on the incident (with the participation of the management company and neighbors);
2. Damage assessment and independent examination after apartment flooding;
3. Drawing up and sending a pre-trial claim to the alleged culprit;
4. Negotiating a peaceful settlement of compensation for damage caused by flooding of the apartment;
5. Drawing up and filing a statement of claim in cases where mediation did not produce results;
6. Court of First Instance;
7. Court of Appeal, if the decision does not satisfy the parties regarding the amount of money collected or the determination of the culprit of the flood;
8. Obtaining a writ of execution;
9. Initiation of enforcement proceedings at the request of the victim;
10. Execution of a judicial act until all damages to the repairs and property of the apartment are fully repaid.

When the premises have suffered such damage, the first thing that needs to be done in order to receive compensation for damage due to flooding of the apartment is to establish the cause and the culprit.

IMPORTANT : it is better to invite all interested parties in advance to conduct the assessment, including all possible culprits, and this can be done in writing or by telephone. Subsequently, the guilty party will have fewer reasons to claim its independent forensic expertise when considering the case in court.

The causes of the problem may be:

• open or broken tap;
• burst battery;
• malfunction of the general building structures of the house, incl. roofs;
• burst pipe;
• a washing machine broken during operation, and the owners were not at home, etc.

The culprits are those who caused the accident:

• your neighbors from the apartment on the top floor, it is possible that neighbors across the floor or adjacent risers and entrances;
• management company, HOA, TSN, etc. (in terms of maintaining home networks in proper form);
• developers who committed a violation during construction, a hidden defect that caused the apartment to flood.

But, be that as it may, the procedure for compensation for damage when an apartment is flooded involves drawing up a report at the scene of the incident. It is this document that will be the first basis, as well as evidence of guilt and the extent of damage, when the applicant files a claim for compensation for damage when the apartment is flooded.

How to assess damage

It is best to order an appraisal, if possible, from an appraisal company. The appraisal company must be a member of a self-regulatory organization of appraisers (SRO) and it must have documents, for example, a license, confirming that it has the right to engage in this activity. The assessment results are based on the data from the inspection report of the apartment by the commission immediately after the accident. The act and the claim drawn up on its basis must not contradict each other. It is very good if the victim has kept documents confirming the expenses incurred for repairs, purchase of furniture, purchase of household appliances, etc. Such documents include invoices, certificates of work performed, payment documents confirming payment for all this. The cost of the assessment is reimbursed by the culprit.

How to draw up a flood report for an apartment?

The act of filling the apartment, registration rules, deadlines:

An incident report can be drawn up with the participation of the management company, emergency services, and neighbors. When drawing up a report, it is better to make video and photo recordings of the flood and its results - this will be additional evidence in case of litigation.

A flood report must be drawn up in writing. It must indicate the place and date of its compilation; you can indicate the time of its compilation. Next comes a description of the damage: where what is flooded (in which room what exactly: floor, walls, ceiling), what equipment is damaged, and other important circumstances.

After this, everyone present is included in the act, indicating their status: a neighbor, an emergency service worker, a technician from the housing department, the victims themselves, and they must put their signatures next to their last names with initials - at this point the act can be considered completed.

What to do if your neighbors flood you?

We hope that you will not need this knowledge in practice: flooding of your favorite apartment will not be pleasant for anyone. However, we are publishing this article so that you are prepared for an unforeseen situation and can compensate for the damage. So where do you start if you discover a flood?

1. Stay safe

Turn off all electrical appliances, remove the plugs from the sockets to prevent short circuits. If you are heavily flooded and there is a lot of water in the apartment, turn off the power at the switchboard, then call the emergency services and management company and report the situation.

2. Document the damage and contact your neighbors

You will probably need evidence in the future to recover damages - take photographs of all the consequences of flooding in the apartment. Make sure that the leak was the fault of your neighbors and is not localized on your territory. Now go up to your neighbor above - now you need to find the cause of the flood. If your neighbors’ washing machine breaks down or the faucet is leaking badly, they can fix the problem themselves by simply turning off the water. But if the internal communications have broken through, you cannot do without outside help. If the neighbors are not at home, the emergency gang will also be dealt with. In this case, you need to notify your neighbor about the flooding by registered mail.

How to understand whose fault it was that you were flooded?

—If the cause of the flood is broken household appliances or an overflowing bathtub/sink, then the neighbors are to blame.

— If a leak occurs in a common riser, a heated towel rail breaks down, or a problem arises with the batteries, the management company is to blame (if the neighbors did not alter the heating system themselves and did not notify the management company).

3. Fill out a flood report

A representative of the management company will draw up a flood report. This paper will indicate your address, date, names of the victim, the culprit, the representative of the Criminal Code and witnesses, the cause of the flooding, a list of damage to the apartment on the day of the inspection, and the signatures of those who inspected the apartment. Carefully check the entire list of damaged property, and then be sure to ask for one copy of the act for yourself.

If after three or four days the wallpaper comes off, cracks appear on the ceiling or other new damage occurs, you need to draw up an additional report. Keep all original documents until you receive full compensation for the damage.

4. If your neighbor is at fault, try to come to an agreement

Sometimes (unfortunately, not often) neighbors react adequately to the problem and are ready to compensate the injured party. If you manage to reach an agreement, draw up an agreement on compensation for losses and contact a notary. This paper will help protect both of you and oblige the neighbor to pay the money, and you not to extract extra funds from the poor fellow.

Keep in mind that management companies are very reluctant to compensate for damage in full. If the fault for the flooding lies with the management company, pay twice as much attention to checking the act. Perhaps the company will try to reduce the price of compensation, so get ready to deal with the Criminal Code in court.

5. If you couldn’t reach an agreement, go to court

You need to file a lawsuit within a month after the flooding: if the amount of damage is less than 50,000 - in the global court, if more - in the regional one. Make an assessment of the damage using a private company (also notify your neighbor about the assessment by registered mail) and prepare the following package of documents:

• statement of claim
• a copy of the apartment ownership certificate/social tenancy agreement
• original receipt of payment of state duty
• extract from the house register
• BTI plan
• flood report
• copies of financial and personal account
• receipt of payment for the services of an assessment specialist (for reimbursement)
• photos and videos of your damaged apartment
• estimate of work to eliminate damage.

Do not make repairs while the trial is ongoing, as new examinations and inspections may be required.

It is much easier if you have emergency insurance for your apartment. In this case, the matter will not go to court - appraisers from the insurance company come, determine the amount of damage, draw up a report and take photos and videos of the apartment from the owner after the flood. The insurance company also covers damages.

What if you flooded your neighbors?

If the leakage problem is on your part, try to stop the flooding as quickly as possible and turn off the water. If you can’t do it yourself, quickly call emergency services. Calmly talk with your neighbors and come for an independent examination, be present when the flood report is drawn up: then you will see with your own eyes the damage caused, and they will not be able to pin extra expenses on you. Try to solve the problem without third parties or involving the court.

Independent examination after apartment flooding

Without assessing the damage, it will be difficult to establish its amount in court. An assessment of damage, as well as a report drawn up immediately after the incident, are necessary when considering a case in court. This document is based on the amount required for repairs. The value of the claim is based on the results of the assessment and forms the basis for calculating the state duty on the case.

Moreover, very often it can include not only finishing materials, but also:

• services to eliminate the consequences of apartment flooding;
• the cost of furniture that can no longer be restored;
• wires;
• household appliances requiring repair or replacement;
• floor coverings;
• delivery services for finishing materials;
• repair services provided by contractors;
• interior items, for example, expensive paintings, accessories, etc.

Of course, everything can be resolved peacefully by concluding an agreement on voluntary compensation for damage caused as a result of the flooding of the apartment. And this is probably the simplest and fastest way to resolve the dispute. But not every culprit can agree to this, while remaining disagreeing with the evaluative conclusion. Moreover, such an agreement is a consequence of a pre-trial claim brought against the perpetrator.

And one more thing, if it is proven that water entered the premises under circumstances beyond the control of the perpetrator, then he has the right not to pay compensation for repairs.

In any case, it is worth consulting with our specialist – a civil lawyer who will be able to professionally understand the situation.

Bay decision

Both sides are heard in the meeting room. A well-drafted objection and poor pre-trial preparation of the applicant increase the risk of denial of the claim. A thoroughly documented incident may be countered by a defendant, as stated above, with a different expert assessment.

The presence of two conclusions from qualified specialists forces the court:

• Call from both to the meeting room;
• Listen to the explanation of each of them;
• Accept the point of view of the expert whose arguments are more convincing;
• Appoint a forensic examination if none of the experts called has clarified the situation.

The result in such cases is different ; a court decision on flooding an apartment may reject the plaintiff’s demands or satisfy them not in full. Other reasons why a claim is not satisfied in whole or in part are related to a judicial error, which is possible due to:

1. He has a lot of things to do.
2. The claim was considered in a short time.
3. Low qualification of the judge.
4. Corruption component.

If the claim is not satisfied in the first instance, it remains to appeal to higher authorities. You must not miss the deadlines; the parties have 1 month to file an appeal, and 6 months to file a cassation. When filing a complaint, it is necessary to indicate what the violation of procedural and substantive law is, which caused the incorrect court decision.

Case practice

Experience shows that competent actions of victims of flooding lead to the satisfaction of the claim in whole or in part, the damage caused and the inconvenience caused can be compensated to one degree or another.

In 2015, the Capital District Court considered a claim regarding the flooding of an apartment from an apartment located above, in which the hot water tap had broken during repairs. This resulted in damage to wallpaper and ceilings, floor coverings and wall tiles. The culprit estimated the damage at 20 thousand rubles, paid this money to the victims, and refused to compensate the rest of the amount.

The examination assessed the damage caused at 96 thousand rubles. The victim went to court, demanding compensation:

• The remaining amount for repairs is 76 thousand rubles;
• Expert services – 7 tr;
• Lawyer services – 30 rubles;
• Moral damage – 30 tr.;
• Other expenses (notary, state duty) – 3.5 tr.

The court's decision on flooding the apartment partially satisfied the claims. It paid for:

• Repair (missing amount) – 63 tr;
• Lawyer – 20 thousand rubles;
• Expert – 7 tr;
• Other expenses – 3.1 tr.

Compensation for moral damage was completely denied. Court decisions regarding the flooding of apartments with individual neighbors do not take into account the moral suffering and experiences of the plaintiffs.

It is more difficult to obtain compensation for damage from utility services, but judicial practice shows that nothing is impossible. From legal entities it is possible to obtain a penalty, a fine, and compensation for moral distress.

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For example, in June 2021, the district court of Samara partially satisfied the claims of the plaintiff, who demanded compensation for:

1. The cost of repairs is about 50 thousand rubles.
2. Expenses for an expert – 8 tr.
3. Penalty – 3.2 tr.
4. Moral damage – 20 tr.

Additionally, the plaintiff demanded a fine of 50% and sealing of external structures that were in contact with his apartment. The peculiarity of the case is that the cause of the flooding was determined by an expert during the damage assessment. The apartment was damaged due to water penetration through the wall structures as a result of liquid saturation of the apartment's balcony slab in the very place where it interfaces with the facade wall.

Having considered the case, the court made a decision according to which:

• Restoration repairs were compensated in full;
• The penalty was paid in the amount of more than 46 thousand rubles;
• A fine of about 50 rubles was imposed;
• Moral damage reduced to 5 tr.

Expenses for the examination and state fees are borne by the defendant. The total amount that the culprit is obliged to pay to the plaintiff by court decision exceeds 150 rubles.

More details about the practice of litigation are written in this material.

Pre-trial claim for flooding

So, after the first steps to draw up a report on what happened and assess the damage, the third stage begins - drawing up and filing a pre-trial claim. In your claim you indicate:

1. Recipient of the claim (full name and addresses);
2. Yourself as the applicant with a return address;
3. Describe all the circumstances of the case, the amount of damage caused by the flooding and the documents that support it;
4. Put the date and signature.

It must be delivered personally and signed by the neighbor (or an employee of the management organization, if the culprit of the flood is the management company). If your claim is refused, feel free to go to the post office and send the same claim by registered mail (with a description of the attachment, if possible).

Finding out the address of the management organization is quite simple - they are now required to post this information in the public domain and without fail. There, if the alleged culprit is the management company, you can duplicate the claim to a specific housing office or housing department.

With the address of the culprit neighbor, who is the responsible person, everything is somewhat more complicated. To do this, firstly, you need to order an extract from the unified register of rights about who exactly is the owner of the apartment. After this, the claim must be sent to the address of the person causing the harm and to other addresses (if you know them).

According to the law, the latter is given a ten-day period to respond to a claim from the management organization. In general, of course, it is recommended to give the culprit 35-40 days to respond, taking into account the delivery time of correspondence by Russian Post.

If suddenly the response to the claim is positive and the opposing party has agreed to resolve the dispute peacefully, draw up a pre-trial agreement to resolve the dispute and at this point the process of collecting damages from the flood can be considered completed (if the money is paid to you in accordance with the terms of the agreement).

Compensation for damage in case of flooding of an apartment due to the fault of the management company

The fault of the management company is established if the flooding of the apartment is caused by the following reasons:

• melting snow on the roof (relevant for residents of the top floors);
• breakthrough of networks that are the common property of an apartment building (sewerage, heating risers) if they are not properly maintained.

Compensation for damage in case of flooding of an apartment while extinguishing a fire

Separately, it is worth noting the damage that occurs as a result of extinguishing a fire: for example, in the event of a fire, residents of the apartments located below often suffer during its extinguishing. And the reason is quite simple: when extinguishing, ordinary water was used, and not special compounds.

At the same time, the blame for flooding due to extinguishing a fire in no case lies with the firefighters: in this case, the requirements are presented to the person through whose fault the fire occurred.

When does the insurance company respond?

If your apartment was insured, then you need to carefully read the insurance contract, namely, determine what specific risks the apartment was insured against. If the apartment was insured specifically against flooding, then there will be no special problems.

However, if the insurance contract contains inaccurate wording, for example, “risk insurance”, be prepared for the insurance company to refuse to pay and to appeal this refusal in court, since the inaccuracy of the wording allows the insurance company to maneuver.

How to record the fact of flooding

Even if you managed to cope with the flood on your own, you will have to call a representative of the management company to document the flood. While you wait for a specialist, take a photo of the destruction area. Record all details. Find two or three neighbors who will agree to become witnesses.

A representative of the management company will draw up a report on the flooding of the premises. The document must indicate:

• victim's address;
• date of signing the document;
• the names of the victim, the perpetrator, the representative of the Criminal Code and witnesses;
• established or suspected cause of flooding;
• a list of damage to the apartment (indicate that they were identified on the day of the inspection, since new damage may be discovered later);
• signatures of those inspecting the apartment (or notes that one of them refused to sign an autograph).

Be sure to ask the representative of the management company for one copy of the act for yourself.

If the management organization has not sent an expert, draw up a similar act yourself.

Statement of claim for damages due to flooding

If there was no response to the claim or there was an answer, but you were not satisfied, you should move on to the next stage, which is the court. You go to the court at your place of residence (if the culprit is a management company) or to the court at the place of residence of the defendant. If the cost of damage is less than fifty thousand, you turn to the Justice of the Peace, if more, to the District Court.

The statement of claim must be drawn up in writing. In the header, indicate which court it is being sent to, and also indicate the plaintiff and defendant. Determine the amount of the claim - this is the amount of damage caused. The paper is called a statement of claim for recovery of damages caused.

Next we indicate the circumstances of the case. Here it is better to describe in detail what happened and when. What happened next - who was called to the scene, how the damage was recorded, were there any witnesses. Then indicate which appraisal organization you contacted and how much they assessed the damage caused to you. After this, you indicate in the claim the legal basis for your demands and, in fact, the demands follow. If the defendant is an individual, then you demand compensation for damage and the cost of expenses incurred (state fees, examination). You can also try to collect interest on the use of other people's funds. If the defendant is a management company, then in addition to the above requirements, you also have the right to ask for penalties under the law on the protection of consumer rights and a fine for failure to satisfy your requirements in pre-trial order.

Next is a list of attachments, which contains a copy of the claim with attachments for all participants in the hearing, a copy of the drawn up act, a copy of the appraisal examination and a copy of the claim with a receipt for sending to the opposing party. You can also attach photo or video materials.

How to solve a problem through court

The neighbors were flooded, but they are in no hurry to repair the damage. Start preparing for trial. Invite an independent expert who will once again assess the damage. The guilty party must be notified of the specialist’s visit in a manner that confirms that the information was sent to it. For example, by telegram, registered mail.

The expert must draw up a damage report. Point out to the visitor all the problems that arose due to the flood. Attach a receipt for payment for the specialist’s services to the claim agreement: the costs will be included in the amount of compensation.

After receiving the act, you can submit documents to the court. The package should contain:

• statement of claim;
• documents on ownership of the apartment;
• a flood report drawn up by you or a representative of the management company;
• a similar document from an independent expert;
• photographs and videos of the damaged apartment;
• estimate of work to eliminate damage from the flood.

For a lawsuit with a management company, if it is to blame for the flood, a similar package of documents is needed, only the statement of claim is drawn up in a different form. On the part of the Criminal Code, a professional lawyer will act against you, who will use any excuse to ruin the case. Therefore, make sure that all documents are drawn up and executed in accordance with the rules.

The court may recommend that the problem be resolved peacefully: you reduce the amount of your claims, and the defendant voluntarily pays it. You can accept the offer or refuse. In the second case, the final decision about who is right and who is wrong and how much money needs to be paid will remain with the judge.

Do not make any repairs until the trial is over. Additional expertise may be required.

Recovery of damage due to flooding in court: disputes over flooding of an apartment

After filing a claim, wait for an appointment to consider your case. The court, in its ruling on preparation for the hearing, may indicate the need to submit additional documents.

It is recommended to take all original documents, copies of which were attached to the claim, to the court hearing. You can also invite witnesses who, for example, will confirm the fact of flooding of your property.

The court will establish and verify all circumstances, which will be given an appropriate assessment. In case of disagreement with the court decision, the parties have the right to appeal to a higher authority. The period for filing it is quite limited - only a month from the date of the decision.

It is also worth noting that in a court hearing it is possible to conclude a settlement agreement if the parties make some compromises with each other.

Execution of a court decision regarding the flooding of an apartment

After the court decision has entered into legal force, you need to order a writ of execution from the court that made the decision. It can be submitted for execution to:

• bailiff service for enforcement of the act;
• to the defendant’s bank (if known) to write off his funds immediately;
• to the defendant's work to deduct money from his salary.

It is worth noting that the parties can approve a settlement agreement at the stage of enforcement proceedings; the law provides for such a possibility.

If the reader has any questions, we suggest using the services of our qualified specialists.

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