Application to the housing office about flooding of an apartment: a sample document, as well as what to do when neighbors flood the property and how can the housing and communal services management company help? My property

Why is this paper needed – and who should write it?

An application for flooding or flooding of an apartment is a document drawn up by a person who has the right to use residential premises. The applicant can be both the owner of the property and the tenant (if the apartment is rented to an organization or individual entrepreneur) or the tenant (if the apartment is rented by an ordinary citizen).

This document is required for the following:

To confirm the fact of flooding of the premises. Having received the application, the management company (MC) must form a commission and check the facts stated in it.
The inspection protocol drawn up by the commission, in this case, will act as one of the pieces of evidence allowing, if necessary, to demand compensation for damage caused from the owner or tenant of the apartment, if the flooding occurred due to neighbors above, or from the management company itself, if the flooding occurred due to the fault of the management company and was associated with an accident on that part of the internal communications, for which the management company is responsible.
To subsequently file a claim. In this case, the refusal of the management company to accept the application will be additional evidence that the breakthrough occurred through the fault of the company - and it is the company that must compensate for the damage caused.

The following persons can write a flood claim:

Owner of the apartment. This usually happens if a specific residential property is used by the person indicated in the Unified State Register of Real Estate as the owner of the property.
Housing user. Here it is necessary that between the legal owner indicated in the Unified State Register and registered in Rosreest, and the user (he can be either an ordinary citizen under a housing lease agreement or an individual entrepreneur or legal entity using the apartment for accommodation of their employees or other persons under a lease agreement) there should be a corresponding agreement has been concluded, providing, among other things, the right to demand compensation for damage caused to the apartment as a result of the actions or inaction of third parties.

The need to submit an application is related to the content of Article 30 of the Housing Code of the Russian Federation, which provides for the owner’s obligation to maintain housing in proper order (and in this case, the application will confirm the fact that the owner fulfilled his duties, and the flood is not associated with its violations), Article 67 of the Housing Code RF (if the apartment was not privatized and was rented out under a social tenancy agreement), Article 671 of the Civil Code of the Russian Federation (if we are talking about commercial rental), etc.

If the application is not submitted on time, the following difficulties may arise:

The management company or the owner of the premises from which the leak occurred may dispute the causal connection between the flood and the damage caused. In this case, the owner, tenant or tenant is required to prove that the damage to his property was caused precisely during the flooding.
A commission will not be formed to draw up a protocol on the flooding and the damage caused as a result. This document itself is not mandatory from a civil law point of view, but its absence will mean that if a claim for flooding is filed in court, the plaintiff will have one less piece of evidence.

In the event that the amount of damage was determined on the basis of the opinion of an independent appraiser, drawing up both an act and a statement is not mandatory. However, in this case, the Criminal Code will be able to challenge this document, pointing out that their representative was not present at the time of the inspection and independent assessment of the damage. In some cases, courts listen to these arguments.

Filing a claim for flooding of an apartment by neighbors

If the neighbors flooded the apartment, then they are obliged to compensate for the damage (Article 1064 of the Civil Code of the Russian Federation). The exception is the situation when the flooding occurred not through their fault, but through the fault of the management company. For example, if the maximum pressure level is exceeded during network tests or if there is a breakdown of equipment, the responsibility for which rests with the management company (hot or cold water riser, heating).

To receive a refund, you must submit a claim to your neighbors. This is a method of pre-trial settlement, which is aimed at solving the problem without going to court. If the neighbors refuse to resolve the dispute voluntarily, then the claim will be evidence that the victim tried to resolve the situation before going to court.

The victim is not required to file a pre-trial claim. He can immediately go to court. But trying to reach a pre-trial settlement has its advantages:

Takes less time than going to court. If the culprit pays for the damages under the claim, then you will not have to go to court. The maximum period it takes for pre-trial settlement is 20 days. And the trial period is at least 2 months + 30 days for the court decision to enter into legal force. And with the conduct of examination even more.
Has more meaning than attempting a verbal agreement. Often neighbors try to resolve the dispute peacefully and do not complete the paperwork. However, it is better to prepare all the necessary documentation and keep it until the debt is fully repaid. A claim is an official document that sets exact deadlines. Therefore, it has a disciplinary character. Up to 60% of Gulf disputes are resolved at the claims stage.
Does not require significant financial costs. Preparing a claim does not require the cost of a lawyer or payment of state fees. Since the victim does not have to further prove the identity of the culprit, additional assessments and examinations are not required. Therefore, this option is much cheaper than going to court. And for the culprit at this stage, paying off the debt is also as profitable as possible. Since when going to court, all legal costs will be borne by him.

How is it compiled?

The legislation does not provide for mandatory requirements for an apartment flooding application, so it can be drawn up in any form. However, in order for it to have legal force, the following conditions must be met:

The document is drawn up in writing. Although an oral statement must be recorded by the Criminal Code, in practice it does not entail any legal consequences.
The document is submitted to the head of the management company - or to the company itself. In this case, there is no need to indicate to whom exactly this document is addressed.
The document must detail the circumstances under which the flooding occurred. In particular, the date of the sinking, the approximate time it was discovered, and the consequences it caused should be noted.
If the owner or user of the apartment intends to resort to the services of an independent appraiser, the application should indicate exactly when the expert will carry out the inspection.
The application must indicate (at least approximately) the amount of damage caused by the flooding.

If necessary, the document may contain other information relevant to the case.

Algorithm of actions

When filing a pre-trial claim you must:

Contact the management company to draw up an apartment occupancy certificate.
Conduct a damage assessment.
Conduct a construction and technical examination (if the culprit has not been reliably identified).
Prepare a claim.
Send it to the culprit.

If within 20 days or another period established in the claim, funds are not transferred to the victim’s account, then it is necessary to defend your rights in court.

Drawing up an act

The main document that proves the cause-and-effect relationship between the damage caused and the actions of the neighbor is the flood report. It is drawn up by an engineer of the management company, HOA or a commission consisting of the head of the house and 2 witnesses.

The report is drawn up within 12 hours from the moment of flooding and contains the following information:

date and place of execution of the document;
name of the act;
address of the affected apartment;
composition of the commission;
description of the damage;
causes of flooding;
signatures of the parties.

Sample act

Conducting an assessment

The next step is to determine the amount of damage. This is necessary to establish exactly how much the culprit must compensate.

This is an important step and should not be neglected. If the victim sets the amount of compensation on his own, it may be too small and will not cover his repair costs, or too large and the culprit will refuse to pay it.

In addition, if you need to go to court, an assessment is a mandatory step. Therefore, it is better to do it right away. The costs of the assessment must also be included in the amount of damage and included in the claim in order for the culprit to reimburse them.

When conducting an assessment you must:

Choose a company that is licensed to carry out flood damage assessment work.
Check whether the expert is a member of the SRO.
Enter into a contract.
Pay the cost of the service.
Notify the culprit of the assessment in person or by telegram.
Provide the apartment for inspection by an expert.
Receive an assessment report.

The culprit may be present during the assessment, but this is not required. His opinion does not affect the result of the damage assessment.

Preparing a claim

The following documents must be prepared:

passport;
title document for the apartment (sale and purchase agreement, exchange, donation, privatization);
extract from the Unified State Register of Real Estate;
evaluation report;
flood report;
receipt of payment for the services of the appraiser.

The claim must be made in writing in 1 copy. It does not need to be certified by a notary.

What should be attached to the document?

The legislation does not provide for mandatory requirements regarding attachments to the document on flooding submitted to the management company. However, in practice it is considered necessary to attach the following documents (in the form of originals or copies) to the application:

Calculation of the amount of damage.
Explanations from stakeholders.
The conclusion of an appraiser's expert (in the form of a copy - the original is presented only in court), if this specialist was involved in the case.

Evaluation procedure

If you are flooded, you do not need to immediately call an independent expert, since traces of the accident may appear after drying. When a company is selected to carry out the inspection, all details are agreed upon with the appraiser, including the date for the procedure.

The guilty party is notified in advance of the appointed examination in the form of a letter or telegram, which indicates the time and date of the assessment work. The news is sent by mail.

Important! It is prohibited to repair the damage yourself until a specialist arrives!

During the agreed period, the appraiser will inspect the premises and record defects using photographs. The average procedure time is 1 hour, it varies depending on the extent of damage due to flooding.

Who is it served to?

The addressee for submitting the application is determined in accordance with the contract for the maintenance of general building communications. As a general rule, an application for flooding is submitted to the company through which housing and communal services are provided, as well as other services, as a result of improper execution of which flooding could occur - this could be a housing office, management company, homeowners' association, etc.

For example, if a flood occurred due to rain due to leaks from the roof, the application must be submitted to the organization that is responsible for repairing and maintaining the roof of an apartment building in proper order.

Sample statement about the bay

The application to the housing and communal services must contain the following information:

Document submission date.
Initials of the owner of the affected premises.
Details of what happened, including address and time.
Full name of the specialist who performed the examination, time of the procedure.
Parts of the apartment that were damaged.
A request for the commission to draw up a flooding report in order to identify and eliminate the causes of the incident.

The act template is filled out with the participation of the injured and guilty parties. If the culprit refuses to sign or let the appraiser in, this is indicated on the form.

How is it different from a complaint or claim?

The key difference between a complaint (claim) and a flood claim is the following:

If an application is submitted, the owner or user of the premises only records the fact that flooding occurred, as a result of which damage was caused to the property.
When filing a claim or complaint, in addition to the fact, it is indicated who is guilty of causing the damage. For example, the paper indicates that it was the neighbors who flooded the living space. In this case, we are talking not so much about the fact, but about the procedure for compensation.

In addition, a complaint or claim already acts as the first stage in bringing the perpetrators to justice. The statement itself does not entail any legal consequences.

From our articles you can find out what to do if the basement or entrance is flooded and the roof is leaking, if you are the culprit of the “flood” of the neighbors below, as well as how to draw up an inspection report for real estate after flooding, including non-residential premises.

What must be indicated in the application

The application is addressed to the manager, chief engineer or director of the management company. The recipient is the owner of the apartment that was damaged during the flood.

The “header” is filled in in the upper right corner.

Next in the middle is the name and below the text itself.

What to do if your document is rejected?

If the Criminal Code refuses to accept the application, the victim should take the following steps:

Submit your application via registered mail with notification. This submission option almost always does not allow you to avoid accepting the document.
Draw up not an application, but a claim - and submit it in the same way. This will be the first step towards legal recovery of damages.

A flood statement is not a mandatory document, but its execution allows you to protect the rights of the owner or user of the property. The main thing is to follow the rules for drawing up this paper.

Claim for an apartment bay - sample

Pre-trial claim for apartment flooding, sample

MANY OWNERS OF APARTMENTS VICTIMS FROM THE FLOODS “hot on the heels” are in a hurry to submit documents to the court, taking into account the “optional” nature of the claim procedure for such disputes. However, experience shows that the problem is often solved faster and easier after sending a claim to the culprit of the flood - a written demand for damages.

Should I file a claim with my neighbors?

Suppose the apartment was flooded due to the fault of the neighbors upstairs (forgotten faucet, faulty washing machine, clogged sink, violation of technology during repairs, etc.). In this case, is it worth filing a claim for compensation for damage caused by flooding of the apartment?

Russian legislation states that this stage is not mandatory: the victim can apply to the justice authority immediately, saving valuable time. But you should still prepare a claim first, and here's why:

1. A well-drafted document containing references to articles of law and clear calculations, as a rule, makes a great impression on the guilty subject and makes it clear that the opponent is determined. Many citizens are very afraid of getting involved in legal proceedings, so they prefer to voluntarily fulfill the requirements outlined in the complaint.

2. It is much more profitable for citizens to agree with the claim than to subsequently compensate not only the damage, but also all legal expenses (for a lawyer, notary, state duty, forensic examination, independent assessment, etc.). Sending a claim is also beneficial to the injured party, since it does not need to spend money on legal representation and pay state fees.

3. With the help of a claim, the injured party can obtain payments fairly quickly (as a rule, the claim specifies a period for voluntary payment from 10 to 30 days). In addition, in 99% of cases, courts ask about compliance with the claim procedure for resolving a dispute, and it is better to simply provide a copy of the demand than to enter into a skirmish with the judge.

In addition to the co-founders or the Manager, the culprit of the bay may be the Capital Repair Fund,[/anchor] carrying out planned or major work in an apartment building, from whose actions people suffer during the rain.
All owners of residential premises make regular transfers to this Fund for major repairs, and in most cases it is the Fund that acts as the defendant when flooding a residential premises from the roof of a house or attic.

Claim to the management company (HOA) regarding the flooding of an apartment

IF THE culprit of the incident is the OPERATING ORGANIZATION and the flooding occurred as a result of the guilty actions of employees or poor quality maintenance of the house, then it is also highly advisable to file a claim against the management company or HOA for the flooding of the apartment.

The fact is that these relationships are subject to the law “On the Protection of Consumer Rights,” which means that if the Management Company refuses to voluntarily fulfill the citizen’s demands, it may subsequently be subject to a fine of 50% of the amount declared in lawsuit This fine is collected in favor of the injured entity.

The consumer protection law also covers all disputes with the insurance company if it illegally refused payment or reduced the amount of compensation.
It is worth noting that disputes regarding commercial premises, for example, if goods in a store were damaged by spillage, do not provide for such a fine and are subject to arbitration.

In addition, a citizen can indicate that if the requirements are not met, he will be forced to contact the Housing Inspectorate, Rospotrebnadzor, the Prosecutor's Office and other authorities: this will become an additional incentive for the violator to pay.

The victim must ensure that there are documents confirming the delivery of the claim. This may be the handwritten signature of the culprit on the second copy of the document or the original of the list of attachments and the postal receipt for sending the claim to the defendant - the alleged culprit of the flood.

We should not forget about the correct notification of the parties involved in the case of the bay about the date of drawing up the Report by employees of the Management Company, conducting an independent assessment of damage to real estate, furniture and equipment, or additional mycological studies of mold and mildew that appeared later.

If a citizen decides to skip the claim procedure for resolving disputes, then in the future the court will not impose a fine on the Management Company as provided for by the Law “On the Protection of Consumer Rights,” since there will be no evidence that the management company ignored the consumer’s demands.
The absence of notification will give the Defendant arguments to object to the claim and he will be able to claim that the inspections took place in the absence of the interested party, as a result of which they cannot be objective and will ask to exclude them from evidence in the case.

In court, the Management Company often talks about the obligation to comply with the claims procedure, because it is provided for in the management agreement for an apartment building, which, as a rule, no one has ever seen, but which can be found on the website of your management company or HOA.

It is worth noting that if the culprits of the flood are neighbors who do not make contact at all, openly declared their lack of desire to pay for the damage, or lead an asocial lifestyle, and it is simply scary to contact them, then you should not waste time, you must immediately file a claim to court.

What can you ask for in a claim?

COMPENSATION IS SUBJECT TO ALL COSTS incurred by the injured party as a result of the flood, which are necessary for restoration repairs and protection of violated rights. In addition, the law provides for some compensation “on top of that,” such as a fine under the PPP and minor moral damages.

I. REPAIR COSTS. The first and main expense item during a flood, of course, is the cost of restorative repairs of damaged property. In cases where an apartment is flooded with boiling water or wastewater from a sewer, the damage can reach several million rubles. This was the case in one of our cases regarding compensation for damage from a flood in an elite residential complex in the center of Moscow in 2019.

II. COURT EXPENSES. The second largest cost item after restorative repairs of damaged property. Trials in the bays, taking into account the time required to comply with pre-trial procedures, can last up to one and a half to two years. Such deadlines arise when appealing a court decision in the appellate, cassation and supervisory instances; often disputes about bays reach the Supreme Court.

III. EXAMINATION COSTS. All costs for attracting specialists to determine the size of restoration repairs, the cost of damaged furniture and equipment, and subsequent mycological (mold and fungus) and forensic examinations are subject to reimbursement from the culprit of the spill. And in case of refusal to satisfy the claims, they fall on the applicant who lost the legal dispute.

IV. FINE 50% OF THE AMOUNT OF DAMAGE. It would be more correct to say that the fine is fifty percent of the amount awarded by the court, the amount of which is also determined by the court. Such a fine can only be recovered in a dispute with the Management Company or the Capital Repair Fund, which are subject to the Law on the Protection of Consumer Rights. But in a dispute with neighbors, this law is no longer applicable.

V. COMPENSATION FOR MORAL DAMAGE. In the judicial practice of Russia, something “didn’t work out” with compensation for moral damage. All payments awarded to the perpetrator are so meager that they are insulting due to their inconsistency with the moral suffering suffered. For example, in the case of recovery of more than half a million rubles from the Management Company in Perovo, moral damages amounted to 3,000.

Bay of an apartment - example of a claim

A MANAGEMENT COMPANY'S CLAIM for flooding an apartment (or a claim to neighbors) is a document for which the law does not impose strict requirements, therefore, its form is free. However, when drawing up this paper, citizens are advised to adhere to the following structure:

Full name, address, telephone number of the injured citizen;
name, address of the Management Company (neighbor, tenant);
document's name;
a statement of the circumstances of the case: who the applicant is, at what time the damage was caused, what was the cause, what damage was caused to the apartment and other property, etc.;
specific demands of the citizen and a reasonable time for their fulfillment (the injured party may demand compensation for damage and compensation for all costs, for example, to conduct an independent assessment of the cost of damage);
a list of attached documents, for example, a report on the bay, a report from an independent appraiser on the cost of damage, photographs and other materials;
date and signature of the citizen.

A claim about flooding of an apartment due to the fault of neighbors or the Management Company should not contain insults, threats, or obscene language: it is better to adhere to the official business style of presentation.

The document can be sent by a valuable letter with a notification and a description of the attachment or handed over to the representative of the Criminal Code in person: in the latter case, the citizen’s copy must be marked with the appropriate mark (date, signature, seal/stamp).

Correct notification is necessary so that in the future it can be proven that such a paper was actually sent to the person responsible for the accident, as well as the fact that he was asked to resolve the issue peacefully without going to court.

Is it worth using claim templates?

VICTIMS OFTEN, if they need to file a claim for flooding of an apartment, look for samples of such documents on the Internet. On the one hand, using ready-made templates helps save time, but on the other hand, you should carefully check who compiled this document - a professional Bay Area lawyer or someone else who has a vague connection with jurisprudence.

If the situation is typical and does not require special preparation, citizens can independently prepare an application to a neighbor or to the HOA about flooding the apartment, samples of which can be downloaded on our website using the following links:

If the situation is complicated by many nuances, and the defendant’s guilt is not obvious, then it will be better if the document is prepared by a professional lawyer who will take into account all the circumstances, judicial practice, and also select articles of law that directly regulate these relations.

In most cases, the perpetrators refuse voluntary compensation for damage, trying to shift the blame either to the Management Organization, if the flood occurred through the fault of a neighbor, or vice versa - to the citizen, if the management company or HOA is involved in the flood.

Often the Manager is already at the stage of submitting an application about the fact of a flood (refuses to accept), a requirement to eliminate constant leaks, or an application for drawing up an Act on the causes and consequences of the flood.

It happens that in order to identify the real culprit of the flood, it is necessary to conduct a technical examination, which will understand the reasons for the flood and the area of \u200b\u200bresponsibility for each of the “suspects”.

And if the flood, God forbid, the flood occurred in the apartment of the victim, the Management Organization is guaranteed to “write” him as the culprit of the flood, and in order to prove the opposite, he will have to go through the procedure of challenging the fictitious Act on the flood, preparing reviews of illegal examinations, and conducting construction technical examinations to determine the root cause of the flood.

In any case, you should not save 2,000 - 3,000 rubles on claims - properly prepared, it helps resolve the situation with the flooding of the apartment as quickly as possible and without going to court.
It is important to prepare your position as carefully as possible, adjusted for each specific situation, because the law does not provide for a second attempt to go to court.

To whom should the application be sent?

The application is sent to the management agency that services your apartment building. In the case of types of property of housing and communal services (HCS), housing construction cooperative (HCS) or homeowners' association (HOA), the request is addressed to the head of the HCS or HOA.

The address of the management company (cooperative, partnership or farm) is printed on the rent receipt forms. The location is also available at the Bay Area Help Center at 8-812-407-25-43. Calling this number is free.

The main purpose of submitting an application is to receive an Inspection Certificate after the flood. Utility workers are required to prepare a list of damage, the cause of the accident and identify the culprit. With the help of this document, damage is recovered from those persons who are involved in its occurrence.