Application to the Housing Office about apartment flooding: sample in 2020

Sample complaint to the Criminal Code or Housing Office about flooding of an apartment due to their fault - rules for writing a document

When sending a letter of claim to the Management Company or Housing Office, you must take into account the following rules for writing and drafting the document:

1. Divide the claim statement into 3 parts: introductory, main and final.
2. The introduction will include a “header”. It must contain the details of the director of the management company to which you are sending the application, the name of the company, as well as information about the applicant - full name, residential address, contact phone number.
3. The title of the document must be included. In our case, this is a Claim or Statement. The name is written in the middle of the line, with a capital letter. There is no period after the word.
4. Then the main part will follow. In it, you must report the problem that occurred, briefly and clearly tell how the flooding occurred, when, at what time of day, where did you turn for help, did an expert appraiser come, was a site inspection report drawn up, why do you think it was the fault of the bay lies with the management company or housing office, etc.
5. In conclusion, you should state your requirements. You can ask to assemble a commission that will check for the problem and draw up an appropriate report. It is also possible to ask the company to pay the funds needed for repairs, or to oblige representatives to carry out repairs free of charge, since the flooding of the apartment is entirely their fault.
6. You can add in the same part, but in a different paragraph, that you will go to court and will resolve the issue in court if your demands are ignored or not fulfilled.
7. When making demands, you must refer to regulations, articles and laws.
8. At the end of the document, put the date and your signature.

Prepare the document in several copies .

If you submit it in person, then leave one option for yourself to confirm your application to the Criminal Code or Housing Office.

A ready-made application form for a claim about flooding of an apartment due to the fault of the management company or housing office is available for free

Examples of claims to the management company:

Example 1:

Example 2:

Example 3:

Please use this form and examples to complete your application. Enter your data into it and describe the situation that has arisen for you.

Going to court

An interested person can arbitrarily send a complaint to the person responsible for the incident.

If this is not done, the injured party has the right to immediately appeal to the judicial authority.

Rules of action:

1. The plaintiff collects a complete package of documentation.
2. A lawsuit is being prepared.
3. Documents are submitted to the judicial structure.
4. The plaintiff undertakes to appear at the court hearing.

The claim must be filed with the district court if the amount of the application is more than 50 thousand rubles.

However, if the amount of the claim is less than noted above, the package of documents should be sent to the magistrate’s court.

In order to calculate the cost of the claim, it is worth estimating the amount of damage claimed. This price does not include legal costs: costs for the implementation of the examination, for a representative, and state fees.

Such expenses are claimed separately from the guilty person and are noted in the application on a separate line.

The applicant must pay the state fee before submitting documents to the judicial authority.

The amount of the state duty is determined by the price of the statement of claim. Using specialized web services, it is possible to calculate the exact amount of the state duty.

Filing a claim

The application must provide the following information:

• Name of the judicial structure, full information about the defendant, applicant, indicating their names, telephone numbers, addresses
• Title of the document, application price
• The key essence of the claim, indicating all the circumstances of the accident: what is the defendant’s fault, facts that directly prove this
• The full price of the statement of claim is noted, taking into account the calculation of the requested financial resources
• Specific articles of legislative acts in accordance with which a claim is filed are listed
• List of attached documentation, as well as the date of registration, signature of the plaintiff.

List of required documents

The following documents are used as an appendix:

• Detailed calculations of all costs, power of attorney, provided that the documentation is submitted by an authorized special
• Report of inspection of residential premises by emergency service, appraiser's conclusion on the amount of damage caused
• Plaintiff's passport (copy), title documentation for real estate
• Application (copy) for the court, as well as for the defendant, receipt certifying payment of the state fee
• Other documentation that directly relates to the case.

All documents must be submitted in copies, while their originals will be required at the court hearing.

Decision-making

The defendant may not agree with the amount presented in the application, based on the fact that it is somewhat overstated.

In this case, the following scenarios are acceptable:

The judicial authority determines a re-examination, but at the expense of the defendant, accordingly, another company is hired to carry out the examination. As a result, it may turn out that the amount of actual damage is lower or higher than that requested by the applicant.

The legal process may take up to one month.

View the apartment inspection report after the flood here.

Provided that the defendant has previously put his signature in the expert’s conclusion, indicating in such a way that there are no complaints on his part, the applicant has the right to protest against the determination of the re-examination

The judicial authority has the right to propose that the parties conclude a peace agreement. The applicant may disagree, insisting on the implementation of a full court hearing.

A settlement agreement means that the plaintiff and the defendant must agree on a single amount of compensation, which the defendant undertakes to return to the applicant; it may be much less than the originally assigned cost of the lawsuit.

Provided that, upon conclusion of the agreement, the defendant does not fulfill his obligations, the applicant has the right to demand from him exactly the amount that he agreed to return.

Video: Application for apartment flooding to the Management Company (HOA, Housing Office)! How to compose? Where should I take it?

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Sample and completed form of an act of flooding of an apartment due to the fault of the management company or housing office

Specialists from the Management Company or Housing Office must conduct a commission inspection of the place where the flooding occurred and make a decision on the reason for the flooding of the apartment. The commission may include the owner of the apartment, the building manager and other officials.

The act can be drawn up by specialists, but you need to know in what form it is drawn up. Before signing the act, be sure to check all the entered data and information.

One slightest mistake can exclude the fault of the management company or housing office - and shift it to the neighbors, for example, or even to you, the owner of the apartment.

A ready-made apartment flood report form is available for free.

Here are examples of acts that were drawn up by representatives of the management company:

Example 1:

Example 2:

Example 3:

We wrote in more detail about what should be in the contents of the act in the previous article.

Demands from neighbors

A claim for compensation for damage caused by flooding of an apartment is quite common. There are practically no people who, at least once in their lives, have not found themselves in a situation where they “flooded” their neighbors from below. The reasons can be very different: from an open tap to a broken pipe. But the culprit still has to answer. Sometimes such an incident goes without consequences and then you can get by with a simple apology. And sometimes neighbors' property has suffered real damage, and they want compensation. As a rule, a lawyer is involved in writing the claim itself with a requirement to voluntarily pay. After all, the success of the entire event most often depends on the correct preparation of the paper. Other articles...

Suppose a citizen receives a claim for damages. What to do with such a letter?

The first thing you need to think about is what exactly you are going to do next. There may be several options:

• voluntarily pay the entire required amount if you agree with your guilt and the declared amount of damage;
• refuse to pay anything because you don’t consider yourself guilty;
• pay part of the compensation that you agree with and refuse to pay the rest.

In fact, the claim procedure for resolving disputes is a kind of written negotiation, and therefore you only need to respond if you have something to say. Agreeing with the amount and paying it is also a kind of answer, but it does not require any additional explanation. But you will have to explain your disagreement in detail. This is correctly called a review and it must be completed in accordance with all the rules.

Mandatory details for responding to a complaint

It must be remembered that both the demand for compensation and the response to it are procedural documents that are necessary to go to court. They form the so-called pre-trial dispute resolution procedure, which in some cases is even mandatory. Therefore, when preparing a refusal to claim for damages, you must indicate:

• full last name, first name, patronymic of the claimant;
• the address indicated for receiving correspondence;
• your details, address and telephone number;
• the essence of the stated requirements;
• justification for your disagreement with them;
• date and signature.

Even if the document is drawn up by a lawyer, it must be signed by the person to whom the demands were made. You can send the answer by mail or hand it to the addressee in person. In the second case, you must take a receipt for the response.

What to do when flooded

It is possible to discover that a flood of living space has occurred under different circumstances. However, the first thing that needs to be done in any case when flooding is to turn off the power to electrical appliances to avoid a short circuit. It is important to locate the leak and then try to fix it. If you cannot do this on your own, you will have to call the housing office or the management company to call a team of plumbers. They turn off the water in the common riser.

The call of the brigade and the departure of plumbers will be recorded in the executive papers of the management company.

Before the plumbers arrive, you should try to contact the culprits who flooded the apartment. In addition, you should try to protect property that was not damaged during the flood. Some housing experts advise recording a video of what happened. This will help when filing a claim or legal proceedings, if the perpetrators who flooded the apartment do not want to resolve the conflict peacefully and pay for repairs according to the claim.

Read also: Where and how to complain about the management company

The next step is to find out the cause of the incident and determine the cost of repairs. According to the Civil Code of the Russian Federation (Article 1064 -), compensation for damage caused to someone else's property is mandatory. A peaceful resolution of the conflict will require a claim and a Gulf Protocol.

A peaceful resolution of the conflict through the satisfaction of a claim provides for the following ways:

• compensation for losses in monetary terms;
• organization of repair work by the culprits.

Lawyers advise recording options for compensation for losses in a separate document. When transferring funds, a receipt is drawn up, which will serve as a guarantee in court proceedings.

Refusal to reimburse the cost of damaged items according to the claim leads citizens to court. The statement of claim specifies the reasons for the need for legal proceedings and the requirements. In addition to the cost of damages, the plaintiff may recover moral damages. It is important to understand that the amount must be justified.

Drawing up a flood report

Together with a team of plumbers, it is necessary to stop the flooding of the apartment (shut off the water riser), then draw up a report on the flood. You can write it using an existing example or compose it yourself, since there is no official sample. It must be signed by the owner or tenant of the living space, several witnesses, and employees of the management company.

Sample Bay Act

36.5 KiB 174 Downloads Details

The paper must contain the following information:

• address of the incident;
• composition of the commission (full name, positions);
• details of the protocol (number and date);
• description of the apartment (location and number of rooms);
• volume of losses;
• causes of the bay;
• a list of violations of the norms for the operation of residential premises, as a result of which a flood of the neighboring premises occurred;
• an indication of the need for repair work;
• the amount of damage caused to each room, indicating its square footage;
• the scope of restoration work in each room;
• signatures of commission members and parties with transcripts.

If the culprit refused to sign the paper, this fact is indicated on a separate line. The management company is obliged to certify the protocol with its seal. The originals of the document are handed over to both parties. Based on this, a claim is drawn up. The Gulf Act and a sample claim can be found on the website.

The paper can be compiled by an independent expert company. She will justify the amount presented in the claim. Such a document will become significant evidence in court. The expert must be a member of a self-regulatory organization of appraisers. The person responsible for the incident must be notified of the examination 3 days in advance. It is better to send a notification by letter or telegram with notification. The receipt of the letter should be kept. It can later be used in legal proceedings.

Read also: Features of the design and significance of the act on non-residence of citizens in 2020

Sometimes the expression of claims and demands to the owner of the neighboring premises can be verbal. However, witnesses are needed. If the management company is found to be the culprit, the demands are made in a written complaint.