In this article we will talk about what to do if your neighbors have flooded you and how to claim compensation correctly.
Living in an apartment is great, but sometimes it can bring inconvenience to our lives. In particular, this is due to neighbors who may have incidents that offend you directly. The most common reason for this neighborhood is a flood from above, which can not only spoil the nerves, but also expensive repairs. It is especially annoying when it is fresh. What to do in such situations? We will tell further.
Neighbors poured - what to do: reasonsWhat to do if the neighbors are flooded?
Depending on who will be responsible for the flood, the reasons are divided into two groups:
- The neighbors were to blame if they neglected their plumbing, didn’t shut off the water or tried to fix something themselves, or the plums clogged from lack of cleaning.
- The utility services are to blame - a breakthrough of the riser, breaking through the central system, a roof is leaking or rainwater outlets are not working properly
In other words, there can be many reasons, but each owner should know one thing - all communications must be kept in good condition and all breakdowns must be repaired in time. Otherwise, the owner will be liable for the accident. But as for communications, the management company is already responsible for them. So, when the neighbors are flooded - what to do in such a situation will depend on the cause of the accident.
Neighbors poured - what to do, where to call?Flood from neighbors
When you are suddenly flooded with neighbors - what to do, do not even think. You must first contact the emergency service if the neighbors are not at home or they themselves can not cope with the cause of flooding. Repairmen are able to quickly eliminate the leak and close the flow of water, but this is done for the entire riser.
In addition, it is necessary to make a call to the management company so that the specialist arrives and fixes all the damage.
The neighbors poured - what to do: the procedure
So, the neighbors flooded - what to do and what to do in this case? In fact, you must proceed in several steps to achieve maximum effectiveness.
Step 1. First eliminate the possibility of shortingWhat to do during a flood?
If you suddenly returned home or simply noticed that water is flowing through your ceiling and walls, then you should eliminate the possibility of electric shock. Sometimes uninsulated wiring, lamps, sockets and so on gets under water. So there is a chance that you will be shocked. It is recommended to turn off all appliances. This will help to protect not only yourself, but also the devices themselves from damage.
Stage 2. Call the neighbors
Turn to your neighbors and start solving the situation. The very first thing you should do is to fix the leak to minimize the consequences of the accident. It is important to understand that you do not have the right to hack doors, if suddenly the neighbors do not answer you or they are not at home.
Even if such actions save not only you, but also others, then hacking the door will still be considered illegal and you can even get a criminal punishment for it. So call the emergency service and then its experts will block the water.
Step 3. Assess and document all damage.How to fix the damage?
For this, the employees of the management company are called and they draw up a special act. According to the law, a representative must appear within 12 hours. By the way, the company's appraisers are witnesses in the case, find out the exact circumstances, and also assess the damage and fill out the documents. You can still call other neighbors as witnesses.
The act necessarily stipulates the following information:Contents of the Flooding Act
The document must be seen by the owners of both affected apartments. This is even fixed by the signatures of all participants at the end of the act. If the culprit is absent or does not want to sign anything, then a special mark is put down. When the act is completed, it is approved by the head of the Criminal Code.
It is important to call employees to evaluate immediately after the accident. If you hesitate, then your neighbor can hide the fact of the leak, remove the malfunction and say that he is not to blame for anything. Moreover, in a couple of days it will be difficult to give a normal assessment. For example, your wallpaper has peeled off and dried. This could have happened before, but you can’t prove in any way that the neighbors are to blame.
Find witnesses and take a photo together, or rather a flood video - all smudges and damage. If you have to go to court, then without any problems you will prove your own right. Also keep the original act until you receive a refund.
If new damage began to appear a couple of days after the accident, then call the commission again, which should do another act. By the way, special companies, and not just the UK, can fix the damage.Neighbors pour in from above
Before sending an application, it is important to check the documents of the company. It must be official. Employees of such services, as a rule, work as standard: they come on call, take notes, take pictures, and after a few days provide a report that ascribes the amount of damage and all the evidence.
The price of the services of an appraiser may be 4-8 thousand rubles, depending on the region and the amount of work. If the neighbor is truly guilty, then he is obliged to pay compensation.
Stage 4. Compensation Claim
The easiest way to resolve the situation is to talk with the perpetrator and resolve all issues. For example, he can make repairs yourself. If the owner denies any involvement in the incident or evades work, then you will have to go to court.
Neighbors poured - what to do: appeal to courtCourt appeal after the flood
So, if you decide to go to court, then you first need to prepare documents without which the lawsuit will not be accepted:
- Flooding Act
- The appraiser’s opinion on the damage received
- Copies of proof of ownership
- Extract from the personal account on the absence of debts on the rent, which can be issued through the MFC
If you do not have the opportunity to attend the court, then issue a power of attorney for your representative or hire a lawyer. To find out what other documents may be required, contact the judicial administration.
By the way, be sure to meet the deadlines. So, the application must be submitted no later than a month after the incident. As a rule, a hearing is also scheduled within a month and the court usually takes the side of the plaintiff if he has enough evidence.
There are situations when a person is not the owner, but lives under a social security agreement. Despite this, the responsibility for the accident is still on him, because it is he who must ensure the normal operation of the plumbing in the room. If the perpetrator does not have the means to pay, or if he still refuses to pay, the case will be transferred to the bailiffs, who can describe or sell the property.
The neighbors poured - what to do: compensationHow to get compensation for the flood?
As a rule, those responsible must fully compensate for all the damage. Therefore, when the neighbors flooded - what to do should not even bother you. There are two options - either negotiate or go to court.
Typically, the calculation of compensation takes into account the fault, as well as the circumstances of what happened. But there are frequent cases when the amount of damage is reduced after re-examination. The amount of compensation is always individual and determined by the court. According to statistics, the amount of compensation usually does not exceed 20-30 thousand rubles.
This is not the first time the neighbors have flooded - what should I do?
Undoubtedly, everything happens in life and everyone can have a flood, because no one is safe from accidents. Most often, the guilty themselves admit this, and therefore try to at least somehow make amends. When it’s not the first time the neighbors have flooded, what to do is not entirely clear, but the fact of improper use of housing is obvious. Perhaps the neighbors are dysfunctional. It also happens that older people can fill in, whose health condition suddenly became worse.
When the neighbors drown from above, the only way to fight is through a trial. Just to have all the facts taken, you still need to prove that measures to eliminate leaks have not been taken. Not everyone knows, but apart from demanding compensation, a resident has the right to demand the eviction of residents who constantly violate the rights of people living with them in the same house.
The neighbors poured in - what if they rented an apartment?Top up
In this situation, you need to carefully study the lease:
- If there is a clause that the tenant is appointed responsible for the condition and repair of housing, then all claims are made to him
- If the contract is absent or it does not define exactly who is responsible for the condition of the housing, then the owner will be responsible for everything
So, if the neighbors are flooded, then it is quite clear what to do, even if they are tenants. But, if they are guilty and refuse to pay, then the owner will have to bear responsibility. But he can go to court and demand compensation from the residents.
By the way, the reason why the flooding happened is also important here. For example, if the sewer pipe is rotten, then the tenant is clearly not to blame, because the owner had to rent the apartment in the proper form.
In general, in order to minimize risks and protect yourself from litigation, it is better to insure your apartment. As a rule, payment of the policy is quite sufficient and it covers all costs. This allows you to once again protect yourself from any proceedings.
What if you flooded the neighbors below?Flooded the neighbors below
Step 1. Evaluate the setting
First you need to raise if your fault is in the situation. The culprits are determined as if they had flooded you.
If you haven’t closed the tap, your drain is clogged or the water supply devices are not connected correctly, then you will have to bear the responsibility.
If the riser or battery has leaked, you will have to contact the management company, because it is its responsibility
Often companies try to shift responsibility or pay less. Therefore, do not spare money and make an independent assessment, and then immediately go to court.
Step 2. Talk with your neighbors
If you really are to blame, then do not hide. So you will only make it worse. If you find yourself in a leak, then immediately warn the neighbors about it and explain the reason. If the damage is small, then they can accept a small compensation or sometimes even refuse it.
If the flooding is strong, then this may not make the amount of compensation less, but at least smooth out the blame.
By the way, it’s worthwhile to fix the damage caused to the camera when going to the neighbors. This will protect you if they demand too much.
Step 3. Try to negotiate
Experts do not recommend bringing the case to court. Better to try to agree. If this works out, then you can leave a receipt on the payment of compensation. The victim also writes a receipt for payment and that he has no complaints. If the case comes to court, then in addition to compensation, you will have to pay the state fee, expenses for counsel, appraiser services, as well as additional examinations. So it’s better to agree immediately.
Step 4. Get ready for trialCourt with neighbors
If the neighbor asks too much, then offer to go to court. Usually this is not very beneficial if the damage is small. In addition, the application will be considered for some time, and the commission may consider the amount of disproportionate damage. You can also file a lawsuit and demand an examination again.
You can convince the court that you are innocent or reduce compensation in several situations:
- The accident was not your fault. More precisely, the fault lies with the management company. For example, if the riser breaks down, you are clearly not to blame, even if it happened in your apartment.
- If the flooding act and damage assessment were carried out without you. As you remember, a special mark is made on the document.
- The amount required by the plaintiff does not take into account wear and tear, and for some reason the estimate includes certain materials and work.
- The accident occurred due to improper installation of the equipment by the master. In this case, the claim is presented precisely to the master.
- The item turned out to be defective and therefore a breakthrough occurred.
- You can do another independent examination yourself.
In order not to be in such an uncomfortable situation, it is better to always monitor the condition of the pipes yourself, and also be careful when using the sewage system - the drain must always be clean, the hoses of the washing machine and dishwasher must be working. And also, do not forget to block the water when leaving home. These simple tips help protect you from flooding your neighbors.