If you have neighbors from above, they can flood you. This situation is quite common. An open crane, a bursting pipe, a faulty washing machine or worn pipes can lead to serious damage and significant costs. At the same time, it is not always possible to obtain compensation for damaged property and repair.
And incorrect actions after flooding can only aggravate the situation. In a stressful situation, it is difficult to maintain composure and make the right decisions. In this article we will tell you how to act if you are flooded by neighbors, where to turn for help and how to get compensation.
Content:
- What to do if you are drowned: step -by -step instructions
- Who is to blame for the flood?
- How to get compensation?
- How to protect yourself from the flood?
Photo: To resolve the conflict peacefully, you can try to agree on compensation for damage directly with the guilty party
What to do if you are drowned: step -by -step instructions
Step 1. Disconnect electricity to prevent dangerous situations
Disconnect the electricity through the electrical panel. Even if the flow of water is far from the wiring, humidity and damp materials can create a danger of static electricity. Also disconnect the devices from the outlets to avoid a short circuit.
After performing these steps, you can start finding a source of flooding.
Step 2: Report the accident
Get up to your neighbors and tell them about flooding. If there are no neighbors at home, or they cannot eliminate the leak, immediately call the emergency gear. Plumbers will stop the supply of water in the riser or throughout the porch.
In the case of an emergency situation, when flooding poses a threat to life and health, contact:
- In the fire and rescue service (PSCh) or the Ministry of Emergencies by the phone number “101”.
- In the “112” service for emergency assistance.
- In the emergency service of the local water utility for operational disconnecting water.
Step 3: fix the consequences
It is necessary to document the consequences of flooding using photos and videos. This will be an additional confirmation of the need for compensation. Invite two or three neighbors who can confirm the facts and act as witnesses in court if necessary.
Start the video from the entrance to the entrance and document the whole process with short comments. In photographs and videos, indicate the exact time, date and place of shooting.
Step 4: Make an act of flooding
The flooding act is an additional guarantee of receiving compensation for damage. Make it yourself, in the presence of witnesses, if representatives of the managing organization do not come for inspection.
In the act, indicate the address of the apartment, the cause of flooding, the alleged culprit and a detailed list of damaged things. Be sure to indicate the signatures of all members of the commission: the victim, the culprit and witnesses.
Step 5: Try to solve the situation yourself
If your apartment is insured, contact the insurance company to assess damage and receive compensation. Prepare the necessary documents: a statement and an act of flooding.
Try to agree with a neighbor about compensation for damage if the apartment is not safe. Make an estimate and sign an agreement on compensation for losses. It is best to assure the documents from the notary.
Remember that responsibility for flooding can lie down not only for a neighbor, but also for a management company. The organization’s management should provide an answer within a month and offer a solution to the problem.
Step 6. Order an examination
If the neighbor does not plead guilty and refuses to compensate for the damage, contact independent appraisers. They will help to determine the culprit, the amount of damage and draw up an act of damage. Make sure that experts have a license to carry out such work.
Prepare checks and other documents confirming the cost of damaged things. Tell the neighbors or management company about the visit of experts in advance.
Step 7: go to court
Collect all the necessary documents, including a statement of claim, the conclusion of appraisers, an act of flooding, an estimate for repair, video and photographs.
Send a registered letter with a pre -trial claim to the culprit with copies of the expert report and the services agreement. If the answer is not received within two weeks, apply to the court with a statement of claim.
Photo: To resolve the conflict peacefully, you can try to agree on compensation for damage directly with the guilty party
Who is to blame for the flood?
This is important to know, since the guilty party pays compensation.
Neighbors from above (owners or tenants of residential or non -residential premises)
They are to blame for the flood if the leak occurred due to damage to the communications after the tap that limits the supply of water to the apartment, due to faulty household appliances or a crowded bath, they replaced the risers of hot and cold water or a heating riser to a shut-off tap without notifying the managing organization.
Management company
It is to blame if the leak occurred due to damage to the common property of an apartment building. It includes risers of hot and cold water or risers of heating to a shut-off crane, or the flood occurred due to the flowing roof on the top floor.
Capital Repair Fund for apartment buildings in Moscow
This is possible (provided that the funds raised by residents are received to the regional fund) if the leak occurred after the repair of communications related to the common property of an apartment building within the warranty period.
Other persons defined by the court
For example, a neighbor from above can prove that the leak occurred due to the actions of the workers who were repaired before the incident. In this case, the responsibility can be imposed on these workers or, for example, to employees of the Ministry of Emergencies when extinguishing a fire in a neighbor’s apartment. However, this does not matter for the victim, and he has the right to compensate for damage from the owner of the apartment.
And in the case of a bay of the apartment, you have the right to demand from the guilty side:
- Compensation of property damage caused (costs for repairs or compensation for repair work).
- Reimbursement of additional expenses (expenses for the services of the appraiser, legal services, etc.).
- Compensation of non -pecuniary damage, especially if the gulf is to blame, since in this case you act as a consumer and have the right to protect your rights and interests.
How to get compensation?
If the guilty party pleads guilty, you can agree on compensation for damage directly. However, it is important to request a written confirmation of her intentions, indicating the amount of compensation, the materials used for repair and specific terms. This will provide you with protection in case of changing the decision of the guilty party in the future.
If the second party does not plead guilty or refuses dialogue, you can send her a pre -trial claim. This can be done personally with receipt of the receipt or sent by postage with a description of the investment and a notification of delivery. Although this procedure is not mandatory before filing a lawsuit, in some cases it can help avoid a trial.
Important! You will need an independent damage assessment to determine the amount of compensation. The assessment of the damage conducted by the management company is usually not objective.
If the guilty party refuses to compensate for the damage, contact the court. A lawsuit in an amount exceeding 50 thousand rubles should be submitted to the district court, and if the amount is less, then in the world.
You can file a lawsuit both personally and online using the Service of GAS “Justice”. The state duty can also be paid online.
You will need this:
- Statement of claim.
- A receipt of the payment of state duty.
- A power of attorney or other document confirming the powers of your representative (if your interest is represented by a representative).
- Documents confirming the circumstances on which your requirements are based. It can be:
- Documents confirming your place of residence in a flooded apartment (extract from the USRN, property certificate).
- Documents confirming ownership of the apartment from above by the defendant (extract from the USRN).
- An agreement with the management organization (if you think that the cause of flooding is in the actions of the managing organization).
- Documents confirming your participation in the regional capital repairs fund (if the cause of flooding is in the actions of the capital repair fund).
- Act on the bay of the apartment.
- Photo and video materials proving the damage caused.
- Calculation of the amount of or disputed amounts, conclusion (report) on the amount of damage, as well as additional documents, such as:
- Proof of sending a pre -trial claim to the defendant.
- Proof of sending a telegram (notification) on the assessment of property damage.
All these documents are submitted to the court in copies, with the exception of the receipt on the payment of state duty. Originals of documents are provided to the court for familiarization directly at the hearing.
If your apartment is insured, everything is easier. Specify whether the flooding is an insured event under your contract, and call the insurance. They themselves will take up the assessment of the damage and the clarification of the guilty party to pay you compensation. At the same time, specify what is included in your insurance: maybe you insured only the apartment itself, and not the property located in it. Then you will have to compensate for this damage yourself.
How to protect yourself from the flood?
The most reliable way to protect yourself from the flood is to make waterproofing the ceiling in the bathroom and in the kitchen. To do this, you can use various means and methods.
Coming trains include bituminous, bitumen-polymer and bitumen-tacundious agents. They differ in low cost and ease of installation, but not all of them are suitable for interior due to environmental characteristics.
Coloring materials are similar to coating compositions on the principle of application and action. They are easy to install, environmentally friendly and universal in use, but their service life is usually shorter.
Penetrating compounds are the highest quality and reliable materials for the waterproofing of the ceiling. They have a high service life and, in addition to water -repellent properties, strengthen the structure of the material, but are used on concrete surfaces.
Powder cement-smoke mixtures with the addition of plasticizers. They protect well from condensate, but vulnerable to mechanical influences.
Stretch ceilings are a modern and inexpensive method of protecting the ceiling from flooding from above, reliably protecting from large leaks.
In addition, you can install leaks in your apartment. If the neighbors begin to drown you, you will receive a notification and you can quickly react, even being outside the house.
Conclusion
The flooding of the apartment is an unpleasant event, but with the right approach you can minimize the damage and solve the problem effectively. Do not panic and try to act promptly and rationally. First, take measures to prevent further damage: turn off the electricity and contact your neighbors so that they block the water.
In such a situation, it is important to establish contact with the neighbors in order to notify them of what happened and together to take measures to eliminate the causes of flooding. If the neighbors do not respond to appeals or refuse to take measures, it is necessary to contact the management company or the administration of the house for help.
Remember the importance of preserving all documents and materials confirming the fact of flooding and damage caused: take videos and photos, as well as make acts about the bay of the apartment, proving an independent appraiser.
