Action plan for flooding an apartment by neighbors from above
Brief plan: we stop the disaster, fix the violation within 2 days in the presence of the Criminal Code and witnesses, assess the damage. Only competent actions of the victim directly at the time of flooding and in the preparation of acts, expert assessment will help to find a compromise solution with neighbors from above and resolve the issue voluntarily or in court.
The consequences of a flood in your own apartment are terrifying and cause only a flurry of negative emotions. But at such moments, the main thing is not to give vent to feelings, but to act competently and deliberately. To do this, you need to clearly know what to do if the neighbors from above flooded the apartment.
Stopping the disaster
At the moment a flood is detected, the flooding process itself should be stopped and possible consequences should be prevented:
- If the neighbors were not at home and it is impossible to contact them, urgently call the management company or emergency service. Be sure to specify the name of the employee who received the complaint. The specialists of these organizations upon arrival will be able to block the riser or water supply to the entire entrance.
- Before they arrive, turn off the electricity to your own apartment. Wet walls, ceiling can cause a short circuit.
- If water continues to flow from the ceiling, try to minimize the damage and remove things from the room that have not been damaged.
When the scale of the disaster is impressive, warn the residents from below. It is highly likely that water will soon seep into their homes.
How to write a flood report
It is necessary to establish the fact of damage, regardless of whether you plan to negotiate with your neighbors amicably or through the courts. For this, an act is drawn up on the consequences of the bay of the dwelling. The document must be drawn up within two days after the incident.
We invite you to draw up an act:
- representatives of the management company;
- witness neighbors;
- perpetrators of the incident - neighbors from above.
To invite representatives of the executive branch, it is better to write a letter in two copies, which must be registered upon submission.
If officials of the management company or neighbors from above do not respond to verbal invitations, we send them a registered letter with notification.
The victim has the right to draw up an act on his own, but at least two witnesses must be present, for which neighbors who are not interested in resolving the dispute are invited.
The act states:
- the time of the incident and the date of the document;
- the causes of the flood and the water that the apartment was flooded with;
- the address of the victim and the perpetrator;
- consequences of the flood with an estimated amount of damage.
It is imperative that all those present at the time of its preparation leave signatures in the act, and information is reflected on the refusal of any party to be present when the document is drawn up.
The act is drawn up in triplicate for the injured and guilty parties, as well as the management company.
The homeowner can independently take a photo or video of the consequences of the disaster. Such evidence is accepted as evidence in court.
If you have no time to print the sample proposed above, and time is running out, then draw up at least a simple act using this example, taking into account the information voiced in this article.
Assessing the damage
The next step in the algorithm of what to do if the neighbors from above flooded the apartment will be an appeal to experts. The assessment of damage in the act may not correspond to reality. This is due to the reflection of the approximate amount of losses by the employees of the management company in the act, which may differ significantly from the actual damage. There may also be delayed effects that were not immediately identified.
Important! An expert assessment of damage can also be ordered by the perpetrator of the flood, when he does not agree with the conclusions of the commission.
The interested party pays for the services of an expert organization, followed by reimbursement by the culprit. Therefore, feel free to include the costs of an expert in a statement of claim to the court.
Compensation for damage
According to Article 1064 of the Civil Code of the Russian Federation, the guilty party fully compensates for the damage caused to the citizen or his property.
Therefore, if the culprit of the flood is known, it will not be possible to avoid compensation for damage.
The ideal option is when neighbors give money to the victim without delay. But more often it is necessary to solve the problem in other ways.
If the neighbors are not able to immediately compensate for the damage, but agree to a settlement agreement with a phased payment, you can use the services of a lawyer and notarize the decision.
When the culprit does not compromise, you will have to go to court. Prepare for court:
- a statement of claim to the court for damages;
- a copy of the correctly drawn up act of flooding;
- documents for the right to own an apartment;
- expert assessment (if any);
- estimate for repairs (if any).
If desired, you can include in the statement of claim and the amount of compensation for moral damages. But psychological trauma will have to be proven, and the amount of compensation for such harm may vary by court decision.
However, even with a positive court decision, payments from neighbors can not wait for a long time.
Therefore, the only right decision would be to insure your home against such disasters.
Video with a lawyer's opinion
Education: Higher economics, specialization - management in the industrial sector (Kramatorsk Institute of Economics and Humanities).
January 20, 2017 .
