It's so easy to panic when there's a flood in your apartment and water is running down the walls. Don't be discouraged! Get together and do everything necessary to clean up the accident and document the flooding and damage. In this article we will tell you how to act correctly in this situation in order to subsequently compensate for all losses.
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First actions when flooded by neighbors from above
When your apartment is flooded, it is important to remain cool from the first minutes. Let's consider the action algorithm immediately after an incident is detected.
- Step 1. Turn off the power to the room.
This will save your most important values - life and health. It is known that water is an excellent conductor of electric current. Unplug all household appliances from the outlet to avoid short circuits and electric shock. The safest thing to do would be to turn off the power to the entire apartment through the electrical panel.
- Step 2: Document the damage.
This can be done using photography and video. This way you will receive documentary evidence of the consequences of the accident, which will help compensate for losses in the event of litigation. We advise you to call your neighbors as witnesses to what happened, they will confirm your words in court. Videos and photographs must be dated and timed.
- Step 3: Save valuable property.
First of all, insulate documents from contact with water. You can move the rest of your property to a dry place, take it out of the apartment, or cover it with waterproof film.
- Step 4: Notify your neighbors about the incident.
First, visit your upstairs neighbors; perhaps the flooding was due to an open tap or a broken washing machine. If your neighbors are okay or are not at home, contact the emergency dispatch service. Workers will shut off the water supply through the riser.
How to find out who is to blame for the flood
There are many reasons for apartment flooding. But there can only be two people to blame - your upstairs neighbors or the management company. If an accident in the water supply system occurred after the shut-off tap through which water flows into your neighbor’s apartment, then he will be the culprit. If the roof leaks, or damage occurs on a common riser, you should blame the management company (MC).
Please note that if the battery or heated towel rail in your neighbor’s apartment is faulty, the management company will still be responsible for the damage. The only exception to this rule will be the fact that the neighbors unauthorizedly, without the knowledge of the management company, made changes to the heating system. Let us explain why this is so.
The Housing Code of the Russian Federation clearly defines: engineering communications belong to all owners of an apartment building on the right of common shared ownership. Residents enter into an agreement with a management company, which is responsible for the maintenance and serviceability of these communications to the valve through which water enters each apartment in the building.
In some cases, the apartment owner can absolve himself of blame for the leak. For example, if the cause of a utility accident was a manufacturing defect of a plumbing product installed in his apartment (faucet or mixer) or its incorrect connection. Naturally, this must be confirmed by the results of the examination, in which case the manufacturer or installer will bear responsibility.
Who is responsible for filling the apartment?
Apartment owners (tenants)
Owners or tenants (when the apartment is in social rent, that is, not privatized) are responsible for damage caused by the flood in all cases where there are no grounds to make claims against other persons. Reasons:
- Article 15 of the Civil Code of the Russian Federation (Compensation for losses),
- Article 1064 of the Civil Code of the Russian Federation (General grounds for liability for causing harm)
- Article 210 of the Civil Code of the Russian Federation (Burden of maintaining property)
- Article 30 of the Housing Code of the Russian Federation (Rights and obligations of the owner of residential premises)
- Article 67 of the Housing Code of the Russian Federation (Rights and obligations of the tenant of residential premises under a social tenancy agreement)
Victims of the Gulf very often want to punish the owners in court, however, please note that getting money from an individual is the most difficult task. Therefore, if it is possible to recover damages from more solvent persons (for example, from an insurance company), make claims against them.
Apartment tenants
It depends on the circumstances of the flood and the contents of the commercial rental agreement whether damages from the flood can be claimed against the tenants. Examples when the responsibility is on the tenant:
- The Flood Act states that the cause of the flood is “the faucet in the bathroom that is not turned off”
- The lease agreement contains a condition: “The tenant is obliged to carry out timely repairs of sanitary equipment,” and the Flood Act states the reason for the flood: “the hot water hose under the sink burst.”
Judicial practice regarding claims against tenants is not clear; when choosing defendants, consult with lawyers. Reasons:
- Article 678 of the Civil Code of the Russian Federation (Responsibilities of the tenant of residential premises),
- Article 681 of the Civil Code of the Russian Federation (Repair of rented residential premises)
Housing organization
Housing organizations (MC - management company, DEZ, SUE, HOA, housing office, etc.) are responsible in case of accidents:
- on risers and water supply drains up to and including the first tap, as well as in case of malfunction of systems and structures related to the common property of an apartment building (for example, roof leakage),
- on the drainage system (sewerage, storm drains), from risers to the first butt joints,
- on the in-house heating system (risers, heating elements, control and shut-off valves).
Reasons:
- List of common property (Resolution of the Government of the Russian Federation)
- Article 36 of the Housing Code of the Russian Federation (Ownership rights to common property of owners of premises in an apartment building)
Construction company
In order to be able to make demands on a construction company, it is necessary that the builders carry out work on the basis of a formal contract.
If a flood occurred in your apartment due to the fault of the builders (i.e. you hired the construction company yourself), you have the right to terminate the contract and demand compensation for losses. Reasons:
- Article 723 of the Civil Code of the Russian Federation (Responsibility of the contractor for poor quality of work)
- Article 1064 of the Civil Code of the Russian Federation (General grounds for liability for causing harm)
If the builders were officially hired by neighbors, then you need to obtain a copy of the contract agreement to file claims against the construction company.
Judicial practice regarding claims against builders and contractors is not clear; when choosing defendants, consult with lawyers.
Who to call if your neighbors are flooded
So, you called emergency services and documented the damage yourself. Remember that now you should call a representative of the management company or the housing maintenance committee. This person must, in turn, document in writing the damage to the apartment as a result of flooding.
Often the representative uses a trick - he offers to inspect the scene of the accident and voice its cause without drawing up a corresponding report. Never agree to this! This document will be needed during legal proceedings regarding damages. Next, we will tell you in detail how to correctly draw up an apartment flood report.
Another important aspect is damage assessment. In order to carry it out, call a representative of an expert organization. He will inspect the apartment and issue a conclusion, which will be evidence of the amount of damage in court. In addition, this person may be called to the court hearing as a witness. It is better to conduct the assessment in the presence of the alleged culprit of the accident.
Sample act for flooding an apartment
As we have already said, this document is crucial when going to court for compensation for damage from a flood. It is very important to complete it as soon as possible. According to the law, the act is drawn up and signed within a maximum of 12 hours after contacting the management company. This is done by the victim himself, the alleged culprit and a representative of the Criminal Code.
The document must not only describe in detail the condition of your living space after the flood, but also indicate the cause of the accident. The form of drawing up the act is not strict and is not recorded in any legal document. We recommend that you include the following information in the document:
- the exact address of the premises that were damaged as a result of flooding;
- the date of drawing up and signing the document (try to ensure that it coincides with the date of the incident itself);
- Full name of the owner of the apartment, the representative of the management company and the culprit of the incident;
- damage that was identified on the date of drawing up the report;
The document must be signed by all persons indicated in the text of the act. If someone refuses to sign, a note must be made accordingly. Draw up the act in two copies, one of which must be kept for yourself.
How much did it leak?
At first glance, the situation is trivial - a neighbor flooded his neighbor’s apartment on the floor below. The repairs were not cheap. It was not possible to agree on compensation.
I had to go to court. The injured neighbor told the district court that the culprits of her troubles, the neighbors on the floor above, carried out an illegal redevelopment of utility lines in their apartment, which resulted in the flooding of her apartment.
Therefore, she asks the court to oblige those responsible for her problems, compensate her for the material costs of repairs and pay for moral damages.
Imagine our plaintiff’s surprise when the district court, after listening to her arguments, rejected her claim. The court referred to the following argument: the lady violated Article 56 of the Civil Procedure Code. That is, she did not provide evidence of the amount of damage caused to her.
Damage caused to the person or property of a citizen is subject to compensation by those who caused this harm
And the materials of the case available to the court do not allow it to establish the amount of damage. The district court wrote - “the factual presentation in the text of the claim of a table of types of work indicating their volume, cost and cost of materials is not adequate evidence of damage and its amount to the plaintiff’s property.”
Such tables, in the opinion of the court, do not comply with the law and cannot be admissible evidence confirming the damage and its amount. According to the district court, the plaintiff did not present any other evidence to them.
The appeal confirmed this decision, fully agreeing with such arguments. The lady had to go further - to the Supreme Court of the Russian Federation. There, after re-reading the case and studying the evidence presented in the case, they declared that their colleagues’ conclusions were erroneous.
The Supreme Court recalled the resolution of its own plenum (dated December 19, 2003 N23). The plenum was called “On the Judicial Decision.” It was said there that a court decision is legal in the case when it is made in strict compliance with the norms of procedural law and in full compliance with the norms of substantive law, “which are subject to application to this legal relationship.”
The decision is justified when the facts relevant to the case are confirmed by evidence examined by the court.
The Supreme Court stated that a court decision is considered justified if the facts in the case are confirmed by evidence examined by the court. According to the law (Civil Procedure Code Art. 56), the court determines which circumstances are significant for the case and which are not.
The court also decides which side of the dispute needs to prove these circumstances. Well, then he brings these circumstances up for discussion, even if the parties did not refer to any of them.
According to the Civil Code (Article 15), a citizen whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation in a smaller amount.
Another article of the same Civil Code of the Russian Federation (Article 1064) states that harm caused to the person or property of a citizen, as well as harm caused to a legal entity, is subject to compensation in full. And those who caused this harm compensate it. The amount of damages that must be compensated must be established “with a reasonable degree of certainty.”
The Supreme Court recalled that, within the meaning of Article 15 of the Civil Code, a claim for damages cannot be refused only on the grounds that the exact amount cannot be determined. In this case, the amount of damages to be compensated “is determined by the court, taking into account all the circumstances of the case and based on the principles of fairness, proportionality, and liability to the person who committed the violation.”
Under such circumstances, the Supreme Court of the Russian Federation said, the duty of the court, as prescribed in the current legislation, is to clarify the actual circumstances of the case.
Simply put, the district court had to establish the fact of the flood and the person responsible for the flood. In addition, it was necessary to establish the fact of damage to the plaintiff’s property and its assessment in material terms. But for some reason the district court avoided this direct responsibility,” noted the Judicial Collegium for Civil Cases of the Supreme Court.
Especially for its colleagues, the Supreme Court emphasized the following. He said that the injured lady, in support of her financial claims, submitted to the district court a report from the housing organization describing the damage from the flood found at the site. According to the high court, our court is also endowed with “other procedural capabilities” that allow it to establish the amount of damages. But for some reason, the court of first instance, in violation of the current legislation, did not take advantage of these opportunities.
And the Supreme Court of the Russian Federation reminded that the obligation to compensate for harm and the cases when such obligations can be gotten rid of are known, and they are provided for by law. Failure to prove the extent of harm is not considered a ground for releasing the person who caused the harm from such liability.
The appeal court, which should have, when reviewing the case, noticed these mistakes of its colleagues from the district court and corrected them, for some reason did not do so. These are violations of the rules of law, the Supreme Court said, and they are considered significant.
According to the Supreme Court, the violations of the law committed by the appellate court, which verified the legality of the decision of the first instance court, are insurmountable. Therefore, they can only be corrected by canceling the appeal ruling. Therefore, the Judicial Collegium for Civil Cases of the Supreme Court decided that the case about the flooding of the lower-level apartment by neighbors should be re-decided precisely in the appellate instance.
If we translate the complex legal terms used by the Supreme Court into a generally understandable language, we get the following situation.
Having received a claim from the victim with her calculations of repair costs, the district court had to decide whether there was a flood or not, check the report on this from the housing organization, and if doubts arose about the cost of repairs and the number of damaged items, then order by its decision an appropriate examination to confirm the facts , which were provided by the citizen.
As a result, the Supreme Court ordered the case to be reconsidered taking into account its observations.
