Statement of claim for damages caused by flooding of an apartment

Flood claim form

The application is an appeal from a flood victim. When compiling it, the homeowner asks to understand the reasons for what happened. The housing office employee has no right to refuse this. However, the law does not contain any indication of a rigid form. The application is drawn up in free form.

When contacting the housing office regarding the flood, the owner will receive a piece of paper, and an employee will help draw up a complaint.

Perhaps the form already has a heading indicating the person in whose name the application is being submitted. For the rest, the owner of the apartment independently and in free form sets out the circumstances of the case.

Attention! Although the document does not provide a rigid form, when drawing it up it is necessary to comply with the rules of business turnover.

Among them are required:

1. compose text in Russian,
2. errors and corrections, blots are unacceptable,
3. succinctly and completely state the circumstances of the case,
4. The document is signed by the originator and dated.

An application is submitted to the Housing Office. One copy is sufficient for acceptance. If the owner fears that his appeal will be lost or ignored, he can make a second copy and ask the receiving housing office employee to sign and date the registration.

Apartment inspection report

The apartment inspection report is the main evidence in the case. It contains information about the fact of flooding of the apartment and damage to property. The compiler includes the causes of flooding. Or states the impossibility of establishing such reasons. Describes the cause-and-effect relationship between the damage caused. In this case, there may be several Acts in a case. For example, the laminate swelled after a few days. Then the commission is convened again.

Do you disagree with the conclusions of the Act? Call witnesses, draw up an alternative inspection report of the apartment. In the end, an examination can be carried out that will establish all the important circumstances.

The act also affects who will be responsible for the bay. Use Decree of the Government of the Russian Federation dated August 13, 2006 No. 491. This could be a neighbor - the owner (owner) of the apartment from which the flood occurred. Or the maintenance authorities of an apartment building. And try to first negotiate a voluntary refund. And if it doesn’t work out, file a claim for compensation for damage from the flooding of the apartment in court.

Contents of the Bay Statement

The content of the document may vary greatly, as it sets out the circumstances of a particular case. It will contain mandatory common elements:

• Name of the organization to which the application is submitted,
• The name of the manager to whom the application is being made
• From whom the application is submitted,
• Address of the apartment where the owner or tenant of the property lives,
• A detailed description of the circumstances of the incident, indicating the time and place of discovery,
• Description of the damage caused,
• Please assemble a commission to inspect the premises,
• Please file a flood report.

The application is signed by the person who compiled it and the date is indicated.

Owner's procedure for flooding

The owner should pay attention to the following points. He must determine why the flood occurred. Who is to blame (manager, HOA, neighbor, third parties). What was damaged as a result of the flood. The assessment of damage will determine the cost of the claim and the procedure for applying to court for protection.

It is very important not to try to eliminate the consequences of flooding right away. Before this, it is necessary to draw up an Apartment Inspection Report. The document is not drawn up by the owner. It is produced by employees of the Homeowners' Association, Housing Office, and Department of Economic Protection. And always with the participation of employees of the service organization and the owner of the apartment from which the flooding occurred. This is the most important document that confirms the basis and subject of the claim.

Flooding of an apartment by neighbors from above - judicial practice

Proceedings in cases related to flooding of neighboring apartments are among the most popular in judicial practice. Some real examples can be given:

1. In June 2021, citizen I.L. filed a claim in the city court of the Kemerovo region for recovery of damage from flooding that occurred through the fault of G.I., who lived on the top floor. Based on the results of consideration of this case, the court partially satisfied the claims (Decision No. 2-265/2017 of 06/08/2017).
2. In 2015, citizen A.E. filed a claim with the Dankovsky City Court demanding the recovery of material damage from citizen O.M., who caused the flooding of the apartment. The claim was partially satisfied (Decision No. 2-244/2015 ~ M-181/2015 dated June 17, 2015).

Referral to court

The issue of cost recovery has a direct bearing on real estate. Therefore, they have exclusive jurisdiction. The application is sent to the location of the apartment.

The defendant in the process is the owner of the property in which the accident occurred. In a number of cases (based on the results of the examination), the management company is involved as the culprit.

If at the time of the incident there were third parties living in the apartment (relatives of the owner, tenants), then the claim is still sent to the owner. Since the blame for the maintenance of the living space rests with him.

To select a judicial authority, it is necessary to analyze the amount of the claim. It is determined on the basis of the assessment report:

• if the amount of damage does not exceed 50,000 rubles, then the applicant must send documents to the court district at the location of the apartment;
• if the amount is more than 50,000 rubles, then the plaintiff applies to the district or city court.

Important! The court will not consider an application based on the applicant’s personal conjectures. The amount of costs must be established by the authorized organization.

The applicant must independently select an appraiser company, enter into an agreement with it and pay for the services. The assessment amount will be the cost of the claim.

The following costs are not included in the claim price:

• for a lawyer;
• to forward documents to the court;
• for evaluation;
• for examination.

If flooded

Immediately after a flood, the first thing that affected neighbors want to do is determine who is to blame. At first glance, everything seems extremely simple - from whose apartment water flows, he must compensate for the damage caused. However, in practice there are often situations when it turns out that it is not the owner of the premises located on the top floor who should bear responsibility, but other persons or organizations.

Therefore, the key factor in identifying the culprit is the cause of the water leak.

Through my own fault

Thus, the main most common reasons that give the right to blame the neighbors living above for the flood include the following:

1. A faucet valve left open, causing water from a sink or bathtub to overflow onto the floor and flood the occupants below.
2. Failure to repair or timely replace a leaking faucet, which led to a water breakthrough.
3. Washing machine malfunction.
4. A drain hose left on the floor while your washing machine was running.
5. The dishwashing equipment is broken.
6. Leaking toilet, etc.

In all of the above cases, the blame for damage caused by flooding falls entirely on the residents occupying the apartment on the floor above. However, there are some nuances here too.

So, if there are tenants living in the premises who flooded their neighbors due to their irresponsibility (for example, they forgot to turn off the tap), then undoubtedly they will have to compensate for these losses. However, if the flood occurred as a result of a breakdown of a mixer whose service life has expired, then the owner of the living space will have to pay compensation. This is explained by the fact that, according to paragraph 1 of Article 612 of the Civil Code of the Russian Federation, the lessor is responsible for the shortcomings of the real estate that he leased.

Repairmen (hired workers) flooded the neighbors' apartment

Residents of high-rise buildings sometimes face a situation where flooding occurs due to the fault of repairmen carrying out certain work in the apartment. The reasons can be very different:

1. Performing floor screeding in violation of the basic technology of this procedure.
2. Incorrect connection to the bathroom.
3. The thread on the battery was not installed firmly enough, as a result of which it was torn off and water rushed into the room, etc.

Theoretically, in all these cases, the construction crew will be at fault. In practice, it is sometimes difficult for affected neighbors to force workers to compensate for the damage caused. Then the corresponding claims are presented to the owner of the apartment in which the repair work was carried out. However, there are two key points here:

1. If an agreement is concluded between the builders and the customer (owner of the premises), which specifies the procedure for bearing responsibility in the event of harm, then he will be able to present them with an official demand.
2. In the absence of an agreement, the collection procedure will become significantly more complicated. The solution to this option may be to reach an agreement with those responsible for the flood or to withhold the amount of damage from their wages.

Through the fault of the housing office, management company or HOA

If neighbors are flooded due to the improper condition of the riser, sewer system, water pipes or other objects related to common property, then the culprit will be the body managing the apartment building (MC, Housing Office, HOA).

In this case, affected citizens need to unite with the owners of the premises from which the water leak occurred and write a collective claim to the appropriate authority.

If the responsible person refuses to pay compensation, then residents will be able to recover it officially through the court.

Also read our article about what to do if your apartment is flooded due to the fault of the management company: act and judicial practice, what to do to get compensation. ⇐

How much to pay and is it possible not to pay for flooding an apartment from below?

It is impossible to give a definite answer to the question regarding the amount of compensation, since everything depends on the nature and extent of the damage caused. The specific amount can be calculated as follows:

1. Independently by the injured party - in such a situation, the injured neighbor draws up a list of all damages and indicates the approximate amount of compensation that he would like to receive.

In addition, you can agree to compensate for losses in kind (for example, fix the ceiling yourself, put up wallpaper, etc.).

2. With the involvement of an independent expert , he will inspect the damaged premises and give an accurate cost estimate of the damage caused.

The culprit of the leak should understand that in case of evasion of responsibility, the owner of the flooded premises may file a corresponding claim in court. Moreover, in this case, in addition to paying material damages, the defendant may also be required to compensate for moral damage, as well as reimburse legal expenses.

Thus, it is best not to enter into conflict, but to try to reach an agreement peacefully.

What needs to be proven in court

To recover damages from a neighbor, it is necessary to prove that he is the culprit of the accident. The main method is to conduct an examination.

Important! The law prohibits unauthorized citizens from arbitrarily breaking into citizens’ homes. Therefore, to conduct an examination, the defendant’s consent to the examination may be required.

Independent entry into an apartment, including breaking locks, will be considered under criminal law. Moreover, it does not matter how much damage is caused to the property of the victims.

Example . The management company warned citizens about the start of heating. Irina went to work. When the pressure was applied, the old radiator could not stand it. Hot water poured onto the floor and flooded 3 floors. Pensioners lived in an apartment near Irina. On the day the heating started, they were at home. At the first sign of an accident, they called the emergency crew. But they didn’t have the neighbor’s phone number. Therefore, the mechanic turned off the heating supply to minimize the damage. However, the locksmith refused to break the lock so that the neighbors could collect water from the floor. The district police officer also prohibited breaking the door. Therefore, the neighbors' apartment suffered significant damage, as water continued to seep through the ceilings.

If the culprit interferes with the examination, it is advisable to prepare a petition for an examination in court. In such a situation, the neighbor will not be able to avoid visiting an expert.

Only through the results of the examination can it be revealed who was at fault for the accident.

Who should assess the damage when a neighbor’s living space is flooded?

As a rule, it is the injured party who engages in hiring an expert to assess the damage caused, since it is they who are interested in ensuring that the culprit of the flood makes full compensation for all losses. In the future, the neighbor below has the right to demand compensation for expenses incurred in connection with the involvement of an appraiser.

However, a different situation is also possible. It does not occur so often, but nevertheless it sometimes occurs in practice. So, if the neighbor below demands an unreasonable amount of money, then the person responsible for the flood can independently order an assessment of the damage in order not to overpay.

Petition for appraisal examination

A petition is filed if the plaintiff did not conduct an examination in advance or the defendant interfered with the examination. It may be prepared as a separate document or included in the statement of claim.

The petition must include questions for the expert. Based on them, the specialist will prepare the examination result.

Main questions:

1. Cause of the accident.
2. The culprit of the bay.
3. The market value of the victim's apartment on the day of the inspection.
4. Market value of residential premises the day before the accident.
5. Does the price before the accident match the price after the accident.
6. How much did the value decrease as a result of the incident?
7. The cost of repairing an object for restoration.

Time limits for going to court

You can go to court for compensation for damage within 3 years from the date of the accident. In practice, the more time passes since the incident, the less likely it is to receive adequate compensation.

If the applicant has already carried out repairs, then it is almost impossible to prove guilt. The court will not accept receipts for repairs as evidence of costs.

Example . Valentina went to court to recover compensation for the flood from her neighbor. The woman tried to resolve the issue voluntarily; the neighbor promised to pay the money without going to court. But after 6 months she decided to forcibly collect the funds. Valentina filed a claim, but did not provide an assessment report. The person responsible for the incident requested an assessment. Experts did not detect the effects of the flood in the apartment. Therefore, the court ruled in favor of the defendant. Including recovering costs for conducting the assessment.

The trial lasts for 2 months. However, in practice, the procedure is delayed in the case of assessment, examination, and repeated studies. The trial can last up to 6 months.

If the requirements are satisfied, the court decision is given legal force 1 month from the date of issuance. If the applicant's demands are not satisfied, he can appeal the decision within 30 days.

How to draw up and submit a claim for compensation for damage from flooding of an apartment

So, the owner of the apartment is armed with a Certificate of Inspection of his apartment. Determines the culprit (he will become the defendant). As a rule, it is advisable to involve a third party (the organization managing the house or a neighbor). And then the damage assessment begins.

It is certainly very difficult to independently assess the damage caused. Often these are special studies. But still, the owner can keep receipts (for building materials), contracts, etc. Then they need to be included in the lawsuit. Well, if there are no written documents on the property, the easiest way is to make an independent assessment.

The money that the owner spends on the services of others for repairs constitutes losses. They can also be recovered from the defendant. And all the money will become the cost of the claim. They will draw up claims. If the actions of the defendant caused moral harm, expressed in moral and physical suffering, it must also be described in the text of the application and compensation must be demanded in accordance with Art. 151 Civil Code of the Russian Federation. The plaintiff does not include compensation for moral damage in the price of the claim.

The statement of claim is submitted to the magistrate's court (if the cost of the claim is no more than 50,000 rubles). Over? Then to the district court at the defendant’s place of residence. The state duty is calculated based on the cost of the claim. The application must be accompanied by an Inspection Report, receipts for the purchase of building materials, contract agreements (with confirmation of payment) and paid services, and all financial documents confirming the amount of damage.

A claim for compensation for damage from flooding of an apartment is considered according to general rules in a court hearing.

Documents for the claim

The citizen is obliged to justify his demands. Therefore, the statement of claim must be accompanied by documents that prove the defendant’s guilt and confirm the amount of damage.

Sample list of documents:

• the applicant's civil passport;
• title document;
• extract from the house register;
• extract from the Unified State Register of Real Estate;
• evidence of attempts at pre-trial settlement;
• the results of the examination or a request for its appointment;
• evaluation report;
• photo and video evidence;
• act on the bay of the apartment.

The list is not final. The victim will receive compensation only if there is objective evidence.

Important! It is not recommended to carry out repair work until the end of the trial. Since the defendant may doubt the fairness of the assessment. If the court satisfies his demands, the assessment will be repeated.

Re-flood

Sometimes unpleasant incidents such as repeated flooding of neighbors living on the floor below occur. In the situation described, there will be no fundamental differences in the registration procedure. However, if the first time the neighbors may not have demanded any compensation or asked for a small amount, then if the flood occurs again (due to the fault of the owners of the apartment located above), there is a high probability that the victims will want to formalize everything properly, make an assessment and issue official account according to the appraiser's conclusion.

Thus, it is better to avoid such situations and carefully monitor the technical condition of devices, the failure of which can lead to water leakage. In addition, if faults are identified in objects related to the common property of apartment owners (riser pipe, sewer pipe, etc.), it is necessary to demand from the management company (homeowners association, housing office, etc.) to promptly eliminate the problems that have arisen.

In conclusion, it should be noted that many lawyers recommend using such an effective way to protect against sudden flooding of neighbors below as taking out appropriate insurance. In this case, the insurance company will have to compensate for all damage from the flood.