Neighbors above were flooded: what to do, where to go, how to recover damages

One of the most common problems for residents of apartment buildings is flooding of the apartment by neighbors above. A forgotten tap, burst pipes, problems with a washing machine or old communications can hit the family budget of not only the neighbors above, but also yours, since it is not always possible to get money for damage.

Often the reason that you were not compensated for repairs is your incorrect actions. will tell you what to do if your apartment is flooded. We’ll also tell you what to do if your neighbors’ flood was your fault.

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What to do if your upstairs neighbors are flooded?

The first actions in case of flooding should be taken immediately when the problem is identified. This is the very situation when it is necessary to act immediately.

First of all, you need to turn off the power to the apartment, shut off the riser and inform the neighbors about the accident. Why is it necessary to block the riser? Often there is a problem with identifying the culprit of the accident, as well as with access to his apartment. After all, the cause of flooding can be unsuccessful repairs or a ruptured battery at the moment of applying pressure. And it is not a fact that the owner of the apartment is at home. To prevent the situation from worsening, it is necessary to shut off the riser completely. If it is impossible to do this yourself, then you need to call an emergency team.

Unfortunately, the perpetrators are often in no hurry to admit their guilt. And to receive compensation, you need to establish the source and causes of the accident.

Example. The apartment on the first floor was flooded. The owner tried to find the culprit. Neighbors on the second floor were also flooded. And the neighbors on the third floor said they had no problems. To find the culprit, it was necessary to turn on the water in the riser. In one of the apartments on the third floor, the location of the breakthrough was immediately visible.

Photo and video recording will be good evidence in the process of collecting damages. Therefore, immediately after eliminating the causes of the accident, you need to take photos and videos of the apartment.

Address to neighbors

At the first sign of flooding, you must go up to the residents above and report what has happened. Neighbors are not always ready to admit guilt or may be away from home.

Actions if you are not at home

In the absence of those responsible for the accident, opening their front door independently is not allowed, since it will be regarded as illegal entry. For these actions, neighbors have the right to bring the burglar to criminal liability.

To prevent unauthorized shutdown of the water supply in the distribution frame of a residential building, contact the emergency service of the water utility.

If the door doesn't open

If the alleged culprits of the flooding, the upstairs neighbors, refuse to open the door to the injured party or his representative, you should contact the management company or the emergency service of the water utility and wait for their arrival. Then make sure that the water supply entering the residential premises of the entrance or house is shut off.

Step-by-step instructions for flooding

Algorithm of actions when flooding an apartment:

Troubleshooting.
Calling a representative of the management company.
Registration of the act of bay.
Assessment of damage caused.
An attempt to negotiate peacefully.
Submitting a pre-trial claim.
Filing a claim in court.

Let's look at each stage in more detail.

Call a representative of the management company

When the accident is resolved, it is necessary to record the fact of flooding. To do this, you need to call the management company and leave a request to call a representative of the management company.

A specialist must visit the apartment within 1-2 days after submitting the application. He must have with him an identification document that confirms his authority.

At the time of the visit of the representative of the management company, the owner of the affected apartment must be in the apartment. If tenants live in the premises, they can represent the interests of the owner only if there is an official rental agreement for the premises.

Draw up an act

A specialist must inspect all flooded apartments and draw up a corresponding report. The document is drawn up in writing. A separate document is drawn up for each flooded apartment.

A flood report is a document that records the fact of flooding and indicates the culprit of the incident. This is the main document for collecting damages.

The act must contain the following information:

name of the management company;
details of the apartment owner;
address of the flooded apartment;
description of damage (briefly);
causes of flooding;
signature of a management company employee;
signature of the victim.

The act is drawn up in 2 copies. One is given to the victim, the second remains with the representative of the Criminal Code.

Note! If the act does not contain an indication of the culprit of the incident or indicates the wrong culprit, then the victim has the right not to sign the document. Since it is on the basis of the act that he will subsequently have to recover damages.

When drawing up the act, the following must be present:

representative of the management company;
injured party;
the culprit of the incident.

The culprit must be notified about the execution of the document. If he wishes, he can be present during the inspection. If he does not come, then the document is drawn up in his absence.

Sample act

Assess the damage

To assess the damage, you must contact a specialized organization. Before concluding a contract you must:

Check whether the company has a license to conduct assessments.
Check whether the appraiser is a member of the SRO.

After which you can conclude an agreement. The assessment includes:

inspection of the damaged premises;
damage analysis;
preparation of an assessment report.

The procedure takes 1-2 days. After which the customer receives an assessment report indicating the amount of damage.

Valuation costs vary depending on the individual company. On average, in 2021 you will have to pay 3,000 rubles. + 4% of the appraisal amount.

Damage assessment includes:

damage caused to the apartment;
damage caused to property in the apartment.

Note! If the apartment was rented out to tenants, then they can also make claims against the culprit in case of damage to their belongings.

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Procedure in the period after flooding of neighbors below

What should you do in a situation where your neighbors below are flooded with water?

After the main nuances of the situation with the flooding of neighbors from below have been noted in detail, it would not be amiss to summarize the acquired knowledge and form it into a single procedure for actions necessary to carry out after the incident. In the template version, the action algorithm is as follows:

Preliminary measures are being taken to neutralize flooding, described in the first paragraph of our article. The causes of the incident are also recorded using photographs, videos and relevant expert opinions (the so-called acts of flooding).
Those responsible for the incident are determined in accordance with the provisions of the second paragraph of our article and with the involvement of some experts (housing office employees, for example).
The damage caused is being assessed, which was discussed in the previous section of our article.
Verbal agreements are reached to resolve the problem either peacefully or in court between the guilty and injured parties. These can be supported by receipts or other types of civil contracts.
Final measures are being taken to resolve the problem, which are related to compensation for damage either through peaceful agreements or according to the verdict of judicial organizations.

The main thing in the process of neutralizing the consequences of flooding is to act legally competently, without deviating from the procedure presented above and the norms of the current legislation. Otherwise, it’s quite easy to inflict additional difficulties on yourself.

How to resolve the issue without court?

In accordance with the law, going to court is required in cases where the issue cannot be resolved otherwise. Therefore, at the first stage you need to try to resolve the dispute without the participation of the court. This will help save time and money. In addition, the court has a positive attitude towards the plaintiff who tried to resolve the issue on his own.

There are 2 options for resolving the conflict without trial:

Voluntarily.
Pre-trial claim.

Voluntarily

Voluntary settlement means the personal participation of the culprit in eliminating the consequences of the accident. He can help with cleaning, whitewash the ceiling, help re-stick the wallpaper.

If the culprit does not have the personal skills to carry out repairs, he can assist in finding a construction crew and pay for their work.

You can also offer compensation to victims. In this case, the amount of expenses will be the lowest.

Sample agreement

For pre-trial claims

Before filing a pre-trial claim, you must order a damage assessment. Then you need to prepare the following documents:

civil passport of the apartment owner;
act on the bay of the apartment;
evaluation report;
title documents for housing (lease agreement for residential premises - for tenants, purchase and sale agreement - for the owner);
extract from the Unified State Register of Real Estate (if available);
a copy of the receipt for the services of the appraisal company.

Compensation for damages through a pre-trial claim is a more expensive option. In this case, you will have to pay not only the damage, but also the costs of the assessment.

The pre-trial claim must contain the following information:

details of the culprit;
data of the victim;
amount of damage;
document's name;
information about the accident (date, causes);
information about the preparation of the act and indication of the culprit;
information about the rights to the apartment;
information about the assessment and the amount of damage caused;
offer to pay for damage voluntarily;
deadline for fulfilling requirements;
bank account details for transferring funds;
warning about going to court in case of refusal;
date and signature.

Sample claim

The claim and documents must be sent by registered mail with acknowledgment of receipt, along with a list of the contents.

Sample inventory

Typically, a period of 20 days from the date of delivery is established for the fulfillment of requirements. If the funds are not received within the specified period, the victim can go to court.

Note! In case of transfer of funds within the specified period, it is necessary to issue a receipt for waiver of claims.

The first rules that will help minimize damage

If you realize that the flood caused damage not only to you, but also to your neighbors below, be sure to follow the rules listed below to minimize the likelihood of financial expenses:

immediately turn off the tap on the riser, it is located in the bathroom or toilet;
then turn off the electrical switches on the panel (in the apartment corridor or in the entrance);
then remove any electrical equipment that is installed on the floor or is too low;
be sure to remove the lower strips on the furniture in those rooms where water has leaked, so that the material of the set does not become saturated and swell;
take a few towels and throw them on the floor so that they instantly absorb most of the water;
While it is being absorbed, prepare buckets or basins into which you will squeeze the towels;
now be sure to call your neighbors and warn them about what happened (if they start having leaks, they will quickly respond to them).

Flooding of an apartment due to a leak in the bathroom Source subscribe.ru
After you have taken into account all the nuances, finish cleaning and go to your neighbor’s apartment to assess the damage. Remember, it is advisable that you be personally present and not pay for the damage the amount named according to the neighbor. If you cannot attend yourself, send someone you trust.

Cleaning water in an apartment after a flood Source nizhniy-tagil.santehnic-doma.ru

How to recover damages through court?

If there is no response to the claim or the culprit refuses to voluntarily pay for the damage, then the victim must go to court.
The management company is involved as a third party. To do this you will need:

Prepare documents.
File a claim.
Send him to court.
Get a court decision.
Submit it for enforcement.

Documents are sent to the magistrate's court if the amount of damage is less than 50,000 rubles, but if the damage is more than 50,000 rubles, then the documents are sent to the district court.

Note! In 2021, the victim will submit documents for the defendant and the management company independently. Documents can be sent by mail or delivered in person. But as proof of delivery, the defendant must sign on the second copy, and the secretary of the management company must mark the acceptance of the documents.

The process to recover damages can be initiated within 3 years from the date of the accident.

List of documents

Before going to court, you need to prepare the following documents:

passport;
title documents for the apartment;
a receipt for payment of the state fee to the court;
a receipt for payment of the assessment;
evaluation report;
a copy of the claim;
flood report;
a copy of the notice of service of documents to the defendant and the management company;
description of the attachment.

Documents and the claim must be prepared in 4 copies (for the court, the defendant, the management company, the plaintiff).

Sample statement of claim

The statement of claim must contain the following information:

name of the court;
plaintiff's details;
information about the defendant;
information about the amount of damage;
amount of state duty;
document's name;
information about the incident: date, reasons;
information about the act and the culprit of the incident;
information about the assessment;
reference to law;
request for damages, assessment costs and state fees;
list of attached documents;
date and signature.

Sample claim

Obtaining a court decision

The hearing takes place in the presence of the plaintiff and the defendant. If the defendant is absent and has not notified the court of the reasons, then the will is postponed for 1 month. If the defendant fails to appear again, the decision is made without the participation of the defendant.

The court decision is issued on the day of delivery. But it will come into force on the following dates:

after 30 days - if the defendant participated in the process and filed an application for consideration in his absence;
after 60 days - if the defendant was notified, but did not appear at the trial.

After which the applicant must contact the court office to put a mark on the entry into force of the decision. Along with the decision, the secretary will issue a writ of execution.

How to avoid the consequences of flooding

An excellent tip for apartment landlords in high-rise buildings is to take out flood insurance. A large number of insurance companies provide insurance services for damage caused. In case of damage to the premises, payment will be borne by the organization.

In 2021, the cost of insurance directly depends on the following factors:

location of the apartment (first or last floor);
wooden floors;
gasified house;
For Rent;
renovation is planned.

The average price for an insurance policy is 1100 per year. The price includes about 60,000 rubles. expenses for movable property and 75,000 rubles. reimbursement for interior decoration.

In the absence of an insurance policy, you must take measures to resolve it yourself.

Where to apply with the court decision?

Along with the court decision, you must receive a writ of execution. This document must be handed over to the bailiffs. This can only be done in person.

You must first prepare the following documents:

statement;
bank account details;
passport;
performance list.

A writ of execution can be presented for execution within 3 years from the date of issue.

Sample application to bailiffs

The application to the bailiffs must contain the following information:

details of the head of the FSSP department;
information about the applicant;
title of the application;
request to initiate enforcement proceedings;
details of the writ of execution;
bank account details;
date and signature.

Sample application

How to prove your innocence and not pay?

If the apartment owner is not at fault, he is not obliged to do anything until his neighbors file a flood claim against him in court. From the moment a civil case is initiated, the defendant will be forced to prove his innocence. The court will exempt from compensation for damage only if the citizen proves that the harm was not caused through his fault.

Action plan:

Participation in inspection of the apartments of the victims. Ideally, the neighbors should invite the defendant to inspect the premises. An inspection is carried out by a commission of the Criminal Code with the participation of the victims and the perpetrators.
The commission consists of at least three people - employees of the management company, an expert, and sometimes a representative of the developer. At the request of the parties, additional witnesses can be brought in - neighbors, acquaintances. Upon completion, a flood report is drawn up. Signed by all parties involved. The act must indicate:
- fact of flooding of the apartment;
consequences (specific damage to walls, floors, furniture, plaster, etc.);
the culprits.

It is necessary to request a copy of the act for the personal use of the defendant. Most often, at this stage the culprit is already known, which serves as the basis for the injured party to put forward demands.

Inspection of the defendant's apartment. It is necessary to invite a commission to inspect your premises so that they check all devices that could cause the flood. The commission will record in the report that there is no leak, there was a break in the hoses, a leak in the radiator, or other facts that speak in favor of the defendant.
Negotiations with neighbors. Perhaps it is at this stage, having presented all the evidence of your innocence to your neighbors (inspection report), that the case on the bay will be closed without going to court.
Appeal to appraisers for a professional opinion on the causes of flooding independently or in collaboration with neighbors. Perhaps the victims will conduct the examination themselves. The defendant must be notified and given the right to be present. In case of disagreement with this examination, an additional assessment can be carried out.
Negotiations with neighbors. It is likely that, based on the expert opinion, they will agree not to make further claims. But if they refuse, the conclusion will serve as evidence in court.
Court. The stage at which you will need to present evidence to the judge indicating innocence. Or rather, about the guilt of other persons.
The following may be responsible for the flooding:
- UK - a break in the riser, sewerage, malfunction of radiators, roof leakage, poor-quality repair work;
plumber, worker - carrying out low-quality repair or installation work;
other neighbors - water penetration from an adjacent apartment.

What can serve as evidence of innocence:

an inspection report of the culprit’s apartment, stating that no leaks were found;
witness testimony indicating that the act was drawn up in violation and the inspection was carried out in bad faith;
an expert opinion indicating that no leak was found in the apartment or that the cause was pipes related to the management of the management company, or that other neighbors were to blame;
additional expert examination of components or the plumbing itself, if the store (manufacturer) is at fault + purchase receipts;
documents (estimate, contract) on the work performed, witness statements, in cases where the employee who installed or repaired the equipment is at fault.

Negotiations on a settlement agreement. After studying all the evidence, the court will definitely invite the parties to conclude a settlement.
Perhaps the neighbors will show loyalty and renounce their demands (when innocence is most obvious). Or perhaps they will agree to a lower amount of damages. The defendant needs to weigh his or her chances of winning wisely. Based on this, go to a settlement or wait for a court decision.
Making a decision by a judge. If the decision is in favor of the plaintiffs. It is possible to appeal to a higher court within 30 days. But it must be taken into account that the appellate court will consider the evidence already available in the case. It will be possible to present new evidence only if it can be proven that it could not be provided at the first trial for reasons beyond the control of the defendant.

Anyone can become a victim of the gulf for one reason or another. Read about how to take out flood insurance for an apartment, find out how to write a report on the flooding of non-residential premises, as well as what to do if the basement, first floor and entrance are flooded, and where to apply for damages.

What to do if the apartment is insured?

If the owner has insured the apartment against flooding, then if an insured event occurs, he must:

Notify the insurance company as soon as possible.
Submit a claim regarding the occurrence of an insured event.
Get refunds.

The insurance company will subsequently recover the costs from the culprit independently (by way of recourse).

If the amount paid by the insurance does not cover damage for damaged furniture or household appliances, these costs can be recovered from the culprit.

Video description

If you flooded your neighbors' apartment.

On a note! When writing a letter of complaint to a service organization, be sure to include photos of the affected areas and objects in your apartment and the apartment of your neighbor below. Also, the residents whom you flooded can write the same letter themselves.

Redneck about a flood in an apartment from neighbors Source sarinform.ru

Arbitrage practice

An analysis of judicial practice shows that the likelihood of satisfying the victim’s demands when an apartment is flooded is high. A refusal can be obtained in the following cases:

The plaintiff misidentified the defendant. For example, an accident occurred at a site for which the management company is responsible.
The damage assessment is overestimated or carried out incorrectly. In this case, the defendant may apply for a new examination. If the defendant’s guilt is not proven, the costs of the examination will be recovered from the plaintiff.

What to do next

After you get into your neighbors’ apartment and see for yourself the problems that have arisen due to the leak, be sure to call the management company’s employees. They have the authority to draw up a flooding act.

When drawing up this document, the real cause of the flood is indicated. Therefore, during this, you, as the owner of the apartment in which the flood occurred, must confirm that it is the main influencing factor.

Damage assessment when neighbors were flooded Source tetrapilon.ru

Also, employees of the company managing the residential complex indicate in the document a list of items and other types of property that were damaged by the flood. As a result, an assessment of the cost of the damage caused by the culprit is carried out.

In some cases, you can order an independent examination. Such a service will have to be paid separately and this is done by those who are not satisfied with the result that was indicated by the management company. Usually the price for the service does not exceed ten thousand rubles. For this purpose, they involve their friends, people on the Internet or professional lawyers.

Large apartment flooding, which has consequences Source sterlingheightswaterdamage.com

Lawyer's answers to private questions

The neighbors flooded. I have an expensive designer renovation, which I completed just last year. Will this be taken into account when assessing or is there a limit on the amount that is assigned in such cases?

The assessment is carried out individually. The appraiser focuses on the initial data. In order for the cost of repairs to be taken into account, it is necessary to submit documents proving the costs of building materials and the work of the construction team.

The neighbors pipe burst. It belongs to common property. The house was commissioned in September of this year. That is, 3 months have passed since check-in. Neither the management company nor the developer wants to voluntarily compensate for the damage. Who should I sue?

File a statement of claim to hold the developer, the management company and the neighbor jointly and severally liable. In addition, you need to order a construction examination, which will identify the causes of the breakthrough. Depending on the reasons, the culprit will be identified.

The upstairs neighbor flooded me. He has insurance for such an eventuality. How do I get paid?

Contact your neighbor. If he does not pay voluntarily, then go to court. The insurance premium will be paid to him as the policyholder.

The upstairs neighbor rents out an apartment. Its tenants flooded me. Who should I sue?

The owner is responsible for the maintenance of the property. Therefore, the claim must be addressed to him. He will collect damages from tenants on his own.

3 years ago our neighbors flooded us. They promised to pay for the repair costs voluntarily. But they still haven't paid. Can I go to court after 3 years?

The court cannot refuse to accept your claim. But neighbors have the right to claim the statute of limitations. In this case, the court will refuse your claim.

Causing damage to property: legislative framework

Legislative acts regulating the relationship between the injured party and the person responsible for causing damage to property are included in the civil and housing codes.

Regulations of the Housing Code of the Russian Federation according to Art. 30, obliges the owner to maintain the residential premises in a suitable condition, avoiding problems that could disable the general building communications system and harm other residents of the apartment building.

The consequences for the culprit of the flood are reflected in the following articles of the Civil Code of the Russian Federation:

Art. 210 - responsibility for the maintenance and operation of property lies with its owner, unless otherwise provided by law or bound by other agreements;
Art. 1064 - when proving the guilt of a person whose actions or inaction led to damage to the property of citizens, imposes on him an obligation in the form of full compensation for the damage caused.

Lack of timely replacement and preventive maintenance related to the communal water supply system in accordance with Art. 162 clause 2 of the Housing Code, threatens the management of the Criminal Code with a claim for compensation for damage from the residents of the house on the basis of Art. 1064 Civil Code.

Ways to resolve conflict

The matter will end with minimal losses on both sides of the conflict if both sides show a desire to communicate politely and constructively.

Method #1 - bilateral constructive negotiations

You can always find a compromise option if the victims remember that there has been no repairs in their apartment for a long time, and the damaged property was old, although it was in working order.

The trial is not beneficial for both parties to the conflict: these are additional costs associated with the trial itself and preparation for it in the form of an independent examination

Perhaps an aggressive neighbor can be influenced by the following arguments, presented by third parties whom both parties trust:

Before the trial begins, the plaintiff will need to pay a state fee, depending on the amount of the claim. That is, he will incur preliminary costs. Also, his expenses should include the services of a consultant and lawyer.
We do not have case law, so it is very difficult to say exactly which side the court will support. It is possible that the plaintiff's expenses will be in vain.
If the court decides to order an examination, the plaintiff will also pay for the services of an independent appraiser. The court needs the opinion of a specialist, on whose data it will rely.
The source of compensation for damage established in court can only be the earnings that the defendant officially receives. If the defendant does not have an agreement (contract) with the employer, then the maximum amount that the court will oblige him to pay is 1/5 of the subsistence level.

Usually, the realization that you can get a certain amount now by agreeing peacefully, or by a court decision to collect pennies for a long time, which will inevitably be eaten up by inflation, is sobering.

Perhaps the victims are simply not aware that when calculating damage, they take into account not the purchase price, but the estimated value of the property. For the money you can get as a result, you won’t be able to buy new equipment. At best, you can simply repair the old one.

There are also some nuances when claiming moral damages. Since moral suffering is an ephemeral concept, and the court needs material evidence, you will have to present extracts from the medical record confirming the facts of visiting doctors in connection with deteriorating health due to experiences associated with flooding. Receipts from the pharmacy will also work.

Method #2 - resolving the conflict in court

Not in all cases conflicts end in peace. What awaits you in court if you really turned out to be the culprit of the flood of your neighbors downstairs? As practice shows, the court usually sides with the plaintiff. The factual presumption of guilt of the defendant can be overcome by facts in one's defense.

The defendant is recommended to provide evidence of his innocence in writing in the form of objections. Arguments must be argued, confirmed by photographs and videos, and testimony of witnesses.

All objections of the defendant to the essence of the claim must be expressed in writing, fully reasoned and confirmed by testimony of witnesses, photo and video documents

The most effective arguments can be considered the following:

the flooding occurred as a result of the management company’s improper performance of its duties to maintain communications;
documentation regarding the inspection of the premises after the flood, as well as the assessment of damage, is not objective, since the inspection was carried out in the absence of the defendant or his comments were not reflected in the report, signatures and other significant details are missing;
The plaintiff’s demands were inflated because the depreciation of his property was not taken into account or work that was not related to the elimination of the consequences of the flood was included.

The culprit of the accident must understand that if his arguments are not accepted by the court, he, in addition to the main amount of the claim, will have to reimburse legal costs, which include state fees and fees for the services of a lawyer, legal adviser, and independent expert. Therefore, every effort must be made to resolve the conflict peacefully.

Now just imagine how many troubles and expenses could be avoided if you insure your liability in case of flooding of the neighbors’ apartment below

The court pays special attention to class action lawsuits. If there are several flooded apartments, then most likely the demands will be collective.

Obviously, out of prank or malicious intent, a normal adult will not flood the neighbors from below, but the possibility of such a situation cannot be ruled out. After all, that's what an accident is. But, despite the fact that the damage to the property of neighbors was caused accidentally, the troubles for this can be very, very significant.

If you are accidentally flooded by your upstairs neighbors, we recommend that you figure out where to go and how to act in this situation.

We are looking for the culprit in the flood

The answer to this question is not at all as obvious as it may seem to your neighbors. In apartment buildings (MKD) there is common property that belongs to all owners of the residential premises of the building. The procedure for its maintenance is established by the Rules approved on August 13, 2006 by Government Decree No. 491 (hereinafter referred to as the Rules).

Elements of engineering equipment and general building communications are also located in the residential premises of apartment owners.

If the management company is negligent in fulfilling its responsibilities for the maintenance of common property, you can contact its management with a written complaint, without bringing the situation to an emergency

Such property includes:

hot and cold water supply risers;
sewer pipeline;
central heating system.

In accordance with the rules, improper maintenance of the common property of an apartment building entails the responsibility of the organization with which the homeowners entered into an appropriate agreement, that is, the management company - the management company.

Option #1 - management company

If the leak occurred due to an emergency condition of the riser, managers will have to compensate for the damage caused. By the way, flooding resulting from a leak in the roof of an apartment building is also the fault of the management company.

But it is worth paying attention to the circumstances that contributed to the leak. For example, you yourself, without notifying the operating organization and without obtaining permission from it, replaced the sewerage or water supply risers. Such actions are illegal, as are any unauthorized interference in the operation of these communications.

If the fact of such unauthorized intervention is established, the owner of the apartment in which the illegal work was carried out will bear responsibility.

Option #2 - apartment owner

The first shut-off and control valve, which turns off the water in the apartment, separates the common property from the property inside the apartment. If the pipe was damaged after this tap or water was leaked due to faulty plumbing or other equipment connected to the water supply (washing machine, dishwasher, etc.), then the owner of the apartment - the source of the flooding - will be responsible.

Do not leave a running washing machine or dishwasher unattended; When drawing water into the bath, make sure that the technological hole for overflowing water is not blocked

But even in this case, there may be nuances that need to be taken into account.

These include:

Availability of tenants. The owner may not live in the apartment. If the leak was caused by employers or tenants who officially live in a given place in accordance with the concluded agreement, it is necessary to read the terms of liability specified in this agreement.
Defective equipment. When buying a washing machine or dishwasher, a toilet with a tank, mixers, taps and other equipment, keep your receipts. They confirm the fact of purchase and allow the owner to issue an invoice to the seller if the examination finds the product sold by him to be defective. In this case, the seller will also have to answer for damage caused by the faulty products he sold.
Poor quality repair or installation work. If a hired organization has installed equipment in violation of standards, it will be held liable for poor quality work and for the negative consequences caused by this circumstance.

Sometimes flooding can be caused by a water hammer or electrical surge. In this case, resource supply organizations may be at fault. But do not forget that running electrical appliances (washing machine or dishwasher) should not be left unattended.

If the apartment is rented, then the owner of the apartment is usually responsible for a faulty tap or emergency pipe located in the owner’s area of responsibility. But for overflow in the bathroom or kitchen due to an unattended open tap, the tenant is responsible.

As you can see, having established the cause of the flood, we will determine the culprit of what happened. But sometimes it will be necessary to spend both money and time to identify the truth.

Option #3 - third parties

If you are certain that third parties are at fault, then it’s time to remember that your apartment and property were also damaged. To record the fact of flooding and determine the damage caused by water, a flood report should be drawn up.

The owners of the apartment from which the leak occurred are not always to blame for the emergency situation: sometimes they suffer from the flood no less than others

It's time to determine which of the lower neighbors were injured during the accident. Explain to them the reason for what happened. Start collecting documents that will be useful to establish the fact and extent of damage. Try to photograph and videotape everything that happened.