How to deal with neighbors who constantly flood the apartment

If the neighbors from above flood the apartment, this is very troublesome and unpleasant for the owners of housing on the lower floors. But if this happens regularly, there is no limit to the indignation of the residents. Expensive repairs are spoiled, dampness is constantly kept in the apartment, possibly the appearance of mold fungi dangerous to health. What to do and how to deal with neighbors who constantly flood the apartment? Are there methods of influencing them and ways to recover funds for damaged property?

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Signs of flooding

Not only the streams running from the ceiling confirm the flooding of the neighbors from above. The following signs also indicate trouble:

• Moisture spots appeared on the ceiling.
• The wallpaper in the corners is wet and/or swollen.
• There were many small drops on the ceiling and walls.

Important! In most cases, such signs are ignored, and the fact of the flood is not recorded. Therefore, the neighbors remain unpunished. In the future, it will be very difficult to prove the regularity of floods from above.

What to do in the event of a flood

If you find a flood from above, do not panic. A number of steps must be taken:

• Turn off the electricity supply in the apartment.
• Shut off the water.
• Record the situation on a photo or video.
• Complain about what happened to the management company or HOA.

Search for the cause of flooding and the perpetrators

Not always the neighbors living above the flooded apartment are the real culprits of what happened. In some cases, the source of the flood is an apartment from the upper floors. Water can pass through several floors and appear on the walls of the lower apartments.

Sometimes apartment dwellers are not the culprit, and the flood occurs due to a pipe rupture or a sewer leak. In such cases, the managing organization, the HOA or another structure that is responsible for the serviceability of all communications in the building should be responsible. There is a need to complain. Acts and documents on the incurred losses are attached to the written complaint.

Notification of perpetrators

After a blackout, the water supply is cut off in a flooded apartment, as well as in a dwelling located on top. Contact the alleged perpetrators. There are different scenarios for the development of events:

• Neighbors do not want to open the front door or do not exist at all.
• There are no signs of flooding or an accident in the apartment from above.

In the first case, they immediately contact the management company, the emergency service of the water utility to explain the situation.

Important! If the owners of the apartment are not at home from above, it is forbidden to break the door on their own, break into the apartment in order to shut off the water.

If the owners of the upper apartment are invited inside to show no signs of a flood in their home, they must be asked to come down with visas to show signs of an accident in the apartment below.

Important! The absence of water in the apartment from above is not the final proof of innocence. Neighbors upstairs could remove signs of flooding, wipe and dry the floor.

To turn off the water supply, it is enough to turn the tap, but if the owners of the apartment - the source of the flood is not at home, you can close the water supply valve on the common riser.

This manipulation is performed by representatives of the management company, but if the owner of the affected apartment knows exactly where the water supply valve is located, and he is ready to take responsibility for the consequences of an unauthorized shutdown, the water supply is stopped.

Where to go in case of flooding

If an unpleasant situation is repeated regularly, you need to act exclusively within the legal framework.

What to do in case of regular floods:

• After a power outage, shutting off the water supply and notifying the guilty neighbors, photo and video recording of the incident is carried out. It will increase the chances of a quick and positive court decision.
• You need to file a flood report. The correctness of filling in all the points guarantees a positive result in court.
• If the name of the neighbor is unknown, the identities of the perpetrators are ascertained.
• Before going to court, you need to make sure that these people are guilty of regular flooding. Sometimes the reason lies in the poor state of communications. Then claims are presented to the management company. It is they who charge a fee for the maintenance of communications.
• Before contacting the authorities, you can try to amicably resolve the issue with the culprit.

The procedure for drawing up an act

A written document that records the fact of the flood, all the losses incurred, indicates the date and time of the incident, is called an act.

On the consequences of flooding residential / non-residential premises

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The document is drawn up in duplicate in the presence of representatives of the management company and eyewitness neighbors. One remains with the victims. If no one came from the management company to the accident site, this fact must be indicated in the act.

The document indicates the name of the neighbors from whose apartment water is supplied, the reason for the flood. All damages after the emergency are described, their extent of the damage caused, items that have failed are indicated. It is important not to miss a single piece of furniture, clothes, shoes, etc.

At the end, all parties must sign the document. In the absence of at least one signature in the act, it may be declared invalid in court.

It is better to invite an expert to draw up a document, who will accurately and reliably draw up an act. It is possible to attach an expert opinion to the main act, drawn up independently. Both documents will be considered in court.

Documents are drawn up on the day of the incident or the next day after the emergency.

Worth knowing! The inviting party pays for the expert's service. This cost is also indicated when calculating the amount of damage from the flood.

If the neighbors who rent housing are heating

If the flood occurred due to a broken or open faucet, faucet, faulty washing machine, the tenants of the apartment are recognized as the culprits.

In the case when old pipes became the cause of the state of emergency, all the blame for what happened lies with the owner of the apartment that is being rented. Responsibility for the serviceability of all communications falls entirely on the shoulders of the owner of real estate.

Solving the issue peacefully

A sane person will not deliberately arrange constant floods for the neighbors below. Before going to court, you can try to negotiate with the neighbors peacefully. Within 2-3 days after the emergency, it is worth meeting with the perpetrators for a peaceful resolution of the issue. At the time of the meeting, the damage should already be fully calculated, and the amount of necessary repair work should be scheduled.

If the neighbors agree to this method of resolving the issue, their consent must be recorded. There are cases when the perpetrator immediately pays the entire amount to the victim. Often the payment is extended over a long period.

The procedure for fixing the contract:

• A written agreement is drawn up between the parties, the document is notarized (regardless of the warmth of relations with the neighbors who flooded).
• An estimate is attached to the document indicating the necessary work. The document is signed by the injured and the guilty parties.

Important! With systematic flooding from above, a peaceful solution to the problem is aggravated by an increase in the amount of damage caused. In such cases, it is better to go to court.

Recovery of damages through the court

If amicably it was not possible to resolve the issue of compensation for damage, it is worth resorting to other legal methods of solving the problem. Article 131 of the Civil Code of the Russian Federation stipulates the list of necessary documents for applying to the court. These include:

• Act of flooding (copy).
• Report drawn up by an expert on flood damage.
• An inventory of things damaged by the flood (with an indication of their full value).
• Defective act and local estimate. These documents indicate the amount of funds necessary for the repair.
• Documents confirming the ownership of the flooded apartment.
• Receipt for payment of funds for expert services.
• A statement of claim to the court with a request to recover material and moral damages from the culprit. The statement indicates the defendant in the claim.
• Receipt for payment of state duty.

You can apply to the court yourself or through a lawyer. In the second case, the lawyer guarantees the legal literacy of the preparation of documents and the collection of evidence for the court.

It's important to know! Even in the case of a positive court decision, the persons guilty of regular flooding will not always be able to immediately and fully compensate for the losses. In some cases, compensation for flooding losses is carried out in stages. The process can take months or years. Home accident insurance will help to get rid of such conflicts. The payment of insurance funds immediately compensates for the losses incurred.

Which court to apply to

If the total amount of claims does not exceed 50 thousand rubles, the case will be considered by a justice of the peace (in accordance with clause 5, part 1, article 23 of the Code of Civil Procedure of the Russian Federation). If the amount of the claim exceeds 50 thousand rubles, the case will be considered in the courts of general jurisdiction (Article 22 of the Code of Civil Procedure of the Russian Federation).

Important! If during the litigation negligent neighbors again flooded, the affected party again draws up an inspection report, draws up a new defective report and makes changes to the estimate.

Appeal to bailiffs

If the court made a positive decision in favor of the plaintiff, however, the perpetrators of the floods did not fulfill it within the specified time, the injured party submits to the territorial department of the bailiff service an application for the forced recovery of funds from the culprit. A writ of execution is attached to it. In the application, the bank account where the money should be transferred is prescribed.

After 3-5 days from the date of filing the documents, they call the FSSP in order to find out the name of the bailiff (bailiffs) who will handle the case of the victim, as well as his telephone number. In order to speed up the collection process, the victim can periodically call the bailiff and remind him of himself. Practice shows that in such cases the collection process is significantly accelerated.

Conclusion

If neighbors flood from above, this is a troublesome and unpleasant incident. Fighting negligent tenants will require strong nerves, emotional strength and patience. In order not to be the culprit of the flood yourself, you must carefully monitor the condition of the pipes in the apartment and check that all taps are closed.

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