Neighbors upstairs flooded the apartment - a sample complaint, what to do, where to go

It is not always the case that when you receive damage, in particular when an apartment is flooded due to the fault of the residents on the floor above or the management organization, you should immediately go to court. In some cases, it is quite possible to obtain compensation for losses caused to an apartment through pre-trial settlement of the dispute. The first step on this peaceful path will be a valid claim. In it, the applicant sets out his claims, demands and deadlines for their implementation. When the other party also does not intend to go to court, but wants to resolve the dispute peacefully, the claim will be quite sufficient. Today we will examine in detail the question of how to write a claim about the flooding of an apartment.

Why is the peaceful way better?

Amicable settlement of the conflict through claims has a number of advantages, the most important of which, of course, are the following:

Saving . Any litigation comes at a cost to the parties. And the injured party, who wants to recover repair costs through the court, will have to spend money on a lawyer to formulate a statement of claim, pay for an examination that will prove the fact of losses and their size, pay a state fee, etc. In the claims procedure, you will only have to pay for an examination in order to establish the amount of the claims presented, and even then only when the other party (the guilty party) wishes this.
Maintaining good relationships . Flooding is an unpleasant, but still only a temporary episode, which will be followed by many years of living with neighbors in the same house. A trial is not always a good thing, since in this case there is a much greater chance of ruining relations with neighbors forever.
Time . Not a single trial in our country goes as quickly as the plaintiffs want. The minimum period for consideration of a flood case in court is 2 months. And this is only if the second party does not submit a request to the court to conduct additional examinations, and then, after the decision is made, does not file an appeal. As a result, a seemingly smooth process can drag on for years.

Every experienced lawyer always advises his clients: first you need to try all the ways to resolve the conflict peacefully. It's cheaper for everyone, which means it's better. If you can’t talk peacefully with your neighbors, negotiations can easily be entrusted to a lawyer who has much more experience in this type of matter.

Sample complaint to neighbors who flooded the apartment

In order to compensate for damage to property when an apartment is flooded, it is necessary to take a number of legally significant actions that will protect both parties from possible negative consequences. Power of attorney of the representative dated ____________ ___ year N &hellip (if the statement of claim is signed by the representative of the plaintiff).

This is confirmed by a joint survey report without a number dated XX.XX.2014, drawn up by employees of Zhilye-46 LLC.

During the flood, _____________________________________________________ (list of damages and damaged property) worth ________ (__________) rubles were damaged. As a result of the flooding of the office ____________________________________ (name of the owner, owner of the office) losses were caused in the amount of __________ (__________) rubles, which include the cost of the property that had become unusable and the cost of restoration repairs.

The estimated cost of repairs is ________ (________) rubles. Cost estimate for restoration repairs dated “___”________ ____

I paid XXXX rubles for the preparation of the report. Thus, the responsibility of the management organization under the management agreement for an apartment building is to provide services and perform work for the proper maintenance and repair of common property in such a building.

Pursuant to paragraph 3 of Art. 39 of the Housing Code of the Russian Federation, by Resolution No. 491 of August 13, 2006, the Government of the Russian Federation approved the Rules for the maintenance of common property in an apartment building.

The company that services the house can also flood the apartment. This can happen if the company does not provide communications repair services. As a general rule, the company is liable for harm caused to residents. That is, the owner of a flooded home has the right to send a request to return the damage caused to the management company, if the culprit is the company, the issue can be resolved peacefully.

The request must be in writing and contain the following information:

Name of the organization, and information about the boss.
Information about the owner of the apartment.
When, where the damage occurred, the property that was damaged as a result.
The amount of damage, the amount that is necessary to restore the property.
Amount of damages
The applicant puts the date and signature.

It is recommended to take a receipt from the guilty person. After all, he often does not fulfill his obligation to compensate for damage and evades payment of compensation.

It is best to formalize such legal relations with a written agreement, since in some situations unscrupulous owners, after receiving compensation, go to court to recover additional sums of money.

In almost every case, resolving such controversial issues pre-trial is much more profitable than sending the issue to court.

How to file a claim?

Precedes the filing of a claim for flooding, an inspection of the apartment by a commission from the management company or from the housing office. The guilty party must also be notified in advance of the inspection time. The best way to do this is by telegram. The remaining shipping receipt will be proof that the victim has taken all appropriate measures to notify those responsible about the upcoming inspection.

The claim is drawn up to notify the party responsible for the flooding that it is obliged to compensate the injured party for losses in full. Therefore, this must be indicated in the text itself. The victim must also indicate within what time the other party is obliged to make compensation: pay for repair costs, carry out repairs themselves, hire workers and purchase building materials for repairs, or in some other form compensate for the damage caused.

The best way to submit a claim is by mail . Yes, go to the neighbors by going up one staircase faster, but the essence of this form of notification is that after sending the letter, you will be left with a receipt and a copy of the document, which, if the outcome of the negotiations is unfavorable, can then be attached to the statement of claim. The same should be done when sending a claim to the management company.

At the request of the guilty party, the victim must present the essence of the claim: a ceiling with traces of a leak, as well as all the features of the flood must be indicated in the claim: in which room the leak occurred, how damaged the ceiling, flooring, wall decoration, furniture, etc. Obstructing an inspection of the apartment to verify the authenticity of the facts stated in the complaint can be interpreted as misrepresentation, an attempt to lure money for repairs by deception, etc. A favorable outcome of the negotiations will allow the parties to agree on all important points of compensation for damage. However, it is still not worth agreeing in words. To do this, an agreement must be concluded.

Going to court

Judicial proceedings are the only way to force the culprit to pay.

The statement of claim is filed at the location of the apartment. It must comply with the rules of civil procedural law.

Required documents

The claim is made in writing. Witness testimony is used as evidence.

The application must be accompanied by:

a copy of the apartment flood report;
legal and technical documentation for housing;
results of an independent examination (if any);
a copy of the claim.

The above documents must be submitted in 2 copies. One of them is being filed in the case. Another copy is sent to the defendant with notice of the summons to the court hearing.

Don’t know how to file a claim if your apartment is flooded due to the fault of the management company? Useful information here.

Are you interested in compensation for damage after your apartment is flooded? Details in this article.

Sample statement of claim

The statement of claim must be drawn up in accordance with the provisions of Article 131, Article 132 of the Code of Civil Procedure of the Russian Federation.

How to file a claim?

The claim to neighbors who flooded the apartment, as well as the subsequent settlement agreement, is a legal document, so it must reflect all the important points:

What happened, when, at what address, under what circumstances. If there is documentary evidence: photographs, reports of inspection of the apartment by a commission from the housing office or management company, results of an examination or damage assessment, these are also attached to the claim, as well as to the settlement agreement.
An exact list of damaged property. There is no need to “round up”; the more accurately everything is listed, the better. For example, it is important to indicate what type of coating was on the ceiling, and if the ceiling was suspended or suspended, indicate its technical characteristics. If there are documents left from the previous repair confirming the cost of the work performed and the materials used, this will only be a plus. All property damaged in the apartment must also be listed, and if there are documents confirming its value, they are also attached to the list.
Details of the parties and date of preparation. Passport details are suitable as details. You can obtain this information from the local police officer or the management company.

complaints to neighbors on the bay of the apartment.

This document is drawn up in two copies. One must remain with the victim, and the second is sent by registered mail with notification to the person responsible for the flooding. Then, depending on the outcome of the negotiations, a settlement agreement is concluded or a trial is initiated. In both cases, the claim should be maintained until the conflict is settled, that is, repairs are made to the apartment and the damage is compensated.

What to do if your apartment is flooded?

As soon as wet stains appear on the ceiling, or the first drops fall on the floor, it is necessary to follow a certain algorithm of actions:

Call the housing office and report the problem;
Call plumbing specialists;
Call or pay a visit to those responsible for the flood.

It is important to remember that the speed of action directly affects the final result. If you waste time and do not draw up a sample claim in a timely manner, subsequently, assessing damages and losses will cause difficulties. An assessment of the consequences of flooding must be carried out immediately after the elimination of the emergency itself.

To carry out this procedure, you can seek the help of employees of one of the assessment centers. After studying the situation, specialists will generate a report on the work done and its results. This document will reflect the amount of damage.

An alternative option for assessing losses would be to sign a service agreement with a repair team. In this case, the basis for drawing up a sample claim will be the estimate provided by the specialists.

When the complaint is drawn up, you should once again visit the perpetrators of the incident and show them this document. Neighbors must carefully review the complaint and provide their response in writing. Of course, the most optimal option is a peaceful resolution of the conflict situation. However, if the neighbors categorically refuse to seek a compromise solution and compensate for losses, the owner of the flooded home can appeal to the courts. If the claim is made correctly and justifiably, those responsible for the incident will be required to cover the financial costs of repair work.

How to assess the damage?

When renovations to the apartment have been completed recently, it is easier to assess the scale and cost of the disaster. It’s good if payment documents have been preserved and you can accurately establish the figures for losses. But this rarely happens. Therefore, an assessment will be required. This event can be ordered from an appraisal company. The service is paid. In the future, the cost of the assessment can be included in the settlement agreement or as part of the claim.

When choosing an appraisal company among others, you should make sure for yourself that it is a member of an SRO and in fact has the right to carry out work of this kind. Otherwise, the conclusion will not be accepted by the court as credible. In addition, the assessment results should be based on the data from the inspection report of the apartment by the commission immediately after the accident. There should be no contradictions in both documents.

It is extremely important to comply with the legal dispute resolution procedure at all stages. It happens that the good intentions of neighbors or the promises of the management company actually turn into long and fruitless waits. If you initially conduct business in accordance with the rules, you can be sure that the result will be achieved within a reasonable time.