Flooded neighbors from above: what to do and where to go

Each resident of a multi-storey building can suffer from a flood in an apartment through the fault of neighbors. At the sight of the consequences of flooding, it is difficult for a normal person to remain calm and restrain emotions, but in this situation it is impossible to become limp. In order to receive material compensation from the perpetrators of the emergency, it is necessary to correctly record the fact itself and the extent of the damage. It is especially important to follow a certain procedure in the event that you know for sure that the neighbors will not agree on a peaceful settlement of the issue and will not voluntarily cover the expenses necessary for the repair of the damaged premises. Therefore, it is so important not to waste your energy on disassembling: what to do and where to call - these are the questions that you need to ask yourself first. Having concentrated and made a plan, you must immediately begin to implement it.

How to stop the flood and what to do if you are flooded by neighbors

It is necessary to identify the source of flooding and stop the leakage of water as soon as possible in order to minimize the damage and danger to all residents. To do this, you need to trace where the water flows from according to the following signs:

• dark spots of mold and mildew on the ceiling and walls, the smell of dampness, indicate a hidden leak, in which water can flow through the internal cavities and cracks in the walls and risers;
• drops and wet spots on the ceiling, leaks on the walls indicate leakage from neighbors from above;
• the ceiling and walls are dry, water on the floor - a possible accident of household appliances, clogging of the drain with open taps, breakthrough of water supply and wastewater pipes.

In any case, the correct procedure will be as follows:

• you must immediately turn off the electricity, in wet wiring there is a high risk of circuit and fire;
• shut off the water supply in your apartment, notify the neighbors from above and make sure that the water on the top floor is closed and the source of the leak is found;
• warn neighbors from lower floors of the danger of flooding;
• call the emergency service of the management company, an authorized representative of the management company to draw up a gulf act;
• take measures to save their intact property;
• fix damage on a photo or video, or on paper in the presence of witnesses. Ask neighbors to witness the accident.

Well, what to do - if the neighbors have flooded your home with water, but you cannot contact them for various reasons? In no case do not break the doors of a neighboring apartment, since only police officers have this right, and not in all cases.

Try to neutralize the source of leakage, up to the complete shutdown of water supply throughout the stairwell. Of course, it is better if the emergency service specialists of the management company deal with this, which must be notified about the incident by telephone.

At the first sign of flooding, you should immediately call the management company!

In emergency cases, you have to act on your own, but you must understand that the responsibility for the decision lies entirely on your shoulders. Arguments on the protection of your home from the flood will not save you from the need to compensate for damage in case of damage to communal utilities. Therefore, it is advisable to wait for the arrival of the emergency team, who after receiving a phone call should be at the scene for several minutes.

Important! Damp walls and ceilings can cause a short circuit in the wiring, so the power supply of the flooded apartment must be turned off. To do this, on the counter, lower the switch to the appropriate position.

How to identify the culprit of flooding

The responsibility for compensating financial losses, for restoring damaged property and finishing the party affected by the gulf lies with the culprit of the gulf.

According to these standards, if the cause of flooding was an open crane or a careless attitude to household appliances, then the owner of the apartment is recognized as the obvious culprit.

The owner of the apartment cannot be found guilty of the bay in the following cases:

• the flood occurred due to the fault of tenants with whom at the time of the accident a lease agreement was concluded;
• the gulf is caused by a communications failure, equipment malfunction outside the apartment and related to the common property of the house, and not to private property. In this case, the responsibility is borne by the HOA, Housing cooperative, or other organization providing utility services;
• flooding occurred due to violations during the installation of equipment (washing machines, showers) by third parties. In this case, the owner must have a document for the work;
• The reason for the bay was factory defects in sanitary equipment, for example, taps, faucets. If the technical examination confirms this fact, then the manufacturer or seller of defective equipment will be liable for damages;
• leakage is caused by a jump in working pressure in the pipes, roof damage, actions of third parties.

Important! If a technical examination reveals the fact of unauthorized interference in engineering systems and equipment, then the owner of the apartment in which these illegal works were to be indemnified.

Video: what to do if neighbors flooded - lawyer's advice

How to fix the damage

Take your time to clean up your damaged home until you collect and properly document the evidence of damage to your property. How to do it and where to go? What specific evidence do you need to collect? Take a picture of all the places in the apartment that most clearly reflect the scale of the flood. Take on the camcorder. All these photos and videos are accepted in court as the evidence base of the statement of claim.

The second point - draw up an act and record the consequences of the flood!

Photos and videos should contain the following incident data:

• Correct display of date and time, it is better if the time and date are visible on each picture;
• location data is desirable; modern gadgets have this feature;
• on the video it is recommended to turn on the sound and describe and comment on the image with words;
• the general plan of the room, the flooded room should be removed;
• several shots from different angles, close-ups of damaged places, flooded furniture, machinery, equipment, decoration;
• it is advisable to remove the source of leaks, faulty equipment, crane, pipe breakthrough;
• it is necessary to photograph, and it is better to save the faulty nodes of the cranes, they are useful for technical examination.

However, the most important document confirming the fact of flooding of the facility with the date and time of the incident, as well as a detailed listing of the consequences for the property, is the act of flooding. This written document, drawn up in duplicate, must be drawn up by a commission, which includes eyewitnesses and representatives of the management company. One genuine copy of the act must remain in the hands of the owner of the affected apartment.

Important! If you did not wait for the employees of the management company, then draw up an act yourself with the involvement of several witnesses of the event. Without this document, drawn up on the day when the neighbors poured water, or, in extreme cases, the next day, it will be impossible to defend their rights in court for pecuniary damage. The fact of the absence of the summoned representatives of the management company at the scene of the incident must be mentioned in the act.

What should be reflected in the act of flooding

Among other things, it is necessary that:

• date and time of the accident, drawing up the inspection certificate;
• damage dimensions in cm;
• the nature of the damage, for example, the wallpaper went away, the laminate swelled;
• brand, model, company of each damaged item.

Important! The smallest and minor damage can increase significantly over time, so a detailed description will help to fully compensate for the damage.

• cause (damaged pipes, negligence of neighbors and so on). In a dispute, an independent expert opinion may be required, which is paid by the interested party. The costs incurred may be returned through the court if the claims are satisfied;
• a list of damage caused to the property by water (damaged carpets and furniture, household appliances and lamps, clothes and shoes, floor, ceiling, walls, etc.);
• if possible, the culprit of the flood should be present at the time of drawing up the act in order to personally verify the amount of damage caused. This is especially important if the tenants flooded the neighbors - who is to blame and who will have to pay in this situation is often the subject of legal proceedings. The refusal of the culprit of the emergency to take part in the inspection must be recorded in the act;
• without the signatures of all members of the commission and the owners of the affected apartment, the act may be invalidated. Therefore, carefully check the design of this document;
• an estimate of the amount of damage drawn up by independent appraisers can be attached to the act. Only it is worth doing this only in case of significant damage, since the services of appraisers are very expensive.

A common mistake is the inclusion of an interested person - the owner of the flooded apartment in the inspection commission. It should be indicated in the list of attendees.

When contacting by phone, always ask for the name and surname of the person accepting your complaint. This will allow further personifying the responsibility for the inaction of the management company and emergency services, reflecting this information in complaints filed with the executive authorities. Lawyers recommend always duplicating phone calls with written statements drawn up in duplicate, on one of which the applicant requires a stamp on the receipt of the document for consideration on the merits.

Important! The flood certificate is not a document confirming someone's fault in the accident, it records the fact of flooding, describes the visible damage, the reasons for the flood of its source.

The act of flooding you only fix the fact of flooding

An attempt to resolve the issue peacefully

If you flooded the neighbors from below - what to do to avoid any legal proceedings? Sincerely regret what happened and show the victims their willingness to eliminate the consequences. Of course, there are less and less such honest people in the modern world.

But do not judge by yourself all the people around you. Unfortunately, there are also such characters who first promise to fully compensate all the damage without the intervention of strangers, and then, when the time for processing all the documents has passed, they refuse to do this.

Important! A peaceful settlement of the issue can be discussed if the participants in the emergency know each other well and can trust this word. Of course, the question is removed if the culprit immediately gives the money that is enough to carry out repairs and restoration of the damaged equipment. But in this case, there is a certain order of actions that must be followed in order to avoid trouble and properly close the situation.

In order to determine the amount of damage to be compensated, the injured party calls an independent appraiser, who, on the basis of inspection in the presence of both parties, will conduct an appraisal examination. This document is necessary when applying to the court and in a peace agreement. The guilty party should be warned of an assessment in three days by sending a telegram with a notice.

If the culprit is a private person, a neighbor from above, then it is necessary to draw up an agreement, which should indicate:

• passport details of the owner of the affected apartment and the culprit of the flooding;
• disclose the essence of the agreement in a free form, the culprit can not compensate the damage with money, but carry out repairs on his own, provide finishing materials, other options;
• indicate the timing of the terms of the agreement;
• indicate all documents on the basis of which the compensation is made.

The transfer of funds is made in the presence of witnesses and a receipt is drawn up on the transfer of funds and the absence of claims from the victim.

Often, neighbors from above do not admit guilt and refuse to pay damages. In this case, a pre-trial settlement measure will be the presentation of a claim in which all the data on the case should be stated. Such a claim should be sent by registered mail with a notification, or transmitted personally, preferably in the presence of neighbors.

If the culprit is a legal entity, then often it is necessary to settle the issue of compensation in court.

Appeal to the court for pecuniary damage

Unfortunately, in most cases, the peaceful resolution of the issue is out of the question. If your apartment is flooded with neighbors from above who do not admit their guilt and are not going to cover losses, then there is only one way out - going to court. To do this, you will have to collect a package of documents that is attached to the statement of claim, in which you must specify the specific culprit:

• copy of the act of flooding;
• a defective act, which reflects the cost of damaged things and the cost of repairing premises;
• estimate of repair work performed by the company during the liquidation of the flood;
• documents confirming the ownership of the apartment;
• photo and video evidence;
• copy of the notification telegram of the appraisal examination;
• report on technical expertise, if any;
• documents for payment of the valuation certificate, agreements on the installation of faulty equipment, work leading to the accident;
• copy of pre-trial claim, receipt of notification;

Note that even when the court makes a decision in your favor, the defendants may not immediately pay the full amount for various reasons. In this case, legal costs can only increase the cost of resolving the issue. Soberly assess your chances of receiving financial compensation before going to court.

After a court verdict is passed, the enforcement case is transferred to the bailiff service, which, according to the regulations, takes measures to compensate the guilty party for damage to the victims.

After the trial, the case is transferred to the bailiffs

If the apartment is insured

An effective solution to such problems is home insurance. In this case, you can accurately count on damages. Having insurance on hand, you will not be defenseless. If the neighbors flooded the apartment - what to do, you will know for sure. After all, you just need to call the insurance company, which will deal with all issues.

Apartment insurance - an effective way to solve the problem with flooding

There are two types of insurance that protect property and decoration from any troubles and accidents:

• property and decoration insurance. Such insurance is required when registering a mortgage, affordable, allows you to get money for repair and restoration of the apartment before the trial and payment of it. The risk package, which can include water flooding, is chosen by the insured;
• homeowners liability insurance. This insurance covers damage caused to neighbors through the fault of the Policyholder, for example, during flooding.

The Insurance Contract is concluded for a year or for the period of departure of the owners, the cost of protecting expensive furniture, equipment and finishes will be more expensive than standard finishes and inexpensive property.

When an insured event occurs, you should immediately call the insurance company and report the incident so that the company employee can inspect the apartment and draw up an inspection certificate. To open a payment case, it is necessary to collect and submit to the loss settlement department the following package of documents:

• certificate of ownership of the apartment;
• a copy of the passport of the insured;
• act on the assessment of damaged property;
• flooding act;
• current insurance contract;
• application for payment in the form prescribed by the company;
• additional documents at the request of the company.

What to do if you have flooded your neighbors

If a leak occurs in your apartment, immediately turn off the electricity and turn off the water to reduce damage to neighbors. As soon as possible to collect water on the floor, report to the Housing Office, call the emergency brigade of the Criminal Code.

First shut off the water and turn off the electricity

Water is shut off, the flood is liquidated, neighbors demand immediate monetary compensation. It is not worth doing anything until an act of flooding is drawn up and the culprit of the accident is determined. If the flooding occurred due to a tap that was not open due to the forgetfulness of tenants, then they will have to pay compensation, but if the leak occurred due to wear of pipes or plumbing units that were not replaced on time, then the owner will compensate for the damage.

In any case, you should be present during the inspection and preparation of all documents, if you disagree with the wording in the act of flooding, you can state your comments under the main text.

If the fault is obvious and you conscientiously want to compensate the damage caused to neighbors, then, based on the assessment report and the flooding act, draw up an agreement with the affected party and take a receipt for the transfer of money.

Remember! A peaceful settlement will not only preserve good neighborly relations, but also avoid the payment of court and other costs and expenses associated with the trial.

Samples of documents

• apartment flooding act;
• example of filling in the act of flooding;
• claim to the management company.

Accidents of water supply communications occur quite often, therefore correct and confident actions to eliminate the flood, save the property, knowledge of the subtleties of legal paperwork are so important. They will allow each participant in the accident to protect their property, their interests, restore damaged finish and property.

Material updated 03.03.2018