What to do if the neighbors above are constantly flooding


What to do if your neighbor’s riser pipe bursts and the water is turned off at the entrance

Dehydrated residents of one of the houses in the Zasviyazhsky district contacted the editors of the website “Main News of Ulyanovsk”. It all started with a banal pipe break, but soon the problem will be a month old.

Let us remind you that a hot water pipe burst in one of the apartments of a five-story building. Since the owner was not in the apartment at the time of the accident, the entire riser in the basement was blocked. But the owner was not at home in the following days, and the other residents began to become increasingly worried. All this time they constantly had to heat water in pots. The landlady showed up at home one day, but because of the problem, Fr.

To solve the problem, residents contacted the police, the city administration, and the management company. But everywhere they just shrug their shoulders. The apartment is private property and you cannot enter there without the owner. We also contacted various authorities to find out if there was a solution to this problem. It turned out that there is a solution, but achieving it will not be easy.

First of all, we called the police ourselves.

— The police have the right to enter an apartment without the owner’s consent only if a crime is being committed or to prevent it. Or if there is a cadaverous smell coming from the apartment. In all other cases, this situation relates to civil regulation,” explained the press service of the Ministry of Internal Affairs.

We also consulted with lawyers.

— You need to write a statement to the Criminal Code and to the police with a demand to jointly go to your neighbor’s apartment and open the apartment in the presence of a local police officer in order to restore the hot water supply. The police have the right to do this, since the rights of neighbors to supply hot water are being violated. If they do nothing, then a complaint is written to the Criminal Code demanding that the interruptions in the hot water supply be eliminated, and after 10 days they go to court,” said the consumer rights protection society “Success”.

Since the advice of the police and lawyers contradict each other, we asked the regional Ministry of Housing and Communal Services for an answer.

— There is one, but rather complex, scheme for solving such problems. If there is no owner of the apartment, then the management company must sue, demanding access to the apartment. Indeed, in this case, the rights of other residents to hot water supply are violated. After the court decision is made, the bailiffs, together with the police, representatives of the Criminal Code, and plumbers can open the lock and go into the apartment. Without this decision, any entry will be illegal. But such a practice already exists, and, as a rule, already at the first court hearing the owner agrees to let the plumbers in. In addition, the court may impose a fine on the owner of the apartment for failing to take appropriate measures in time,” explained Deputy Minister of Construction, Housing and Communal Services and Transport Sergei Noskov.

The management company of the Zavolzhsky district, in turn, also sent an order to the owner of the ill-fated apartment demanding access to the repair team on February 10. If this does not happen, the company will go to court to begin to act according to the very scheme that was described in the Ministry of Housing and Public Utilities.

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The upstairs neighbor is constantly drowning. What to do about it?

If you are still unlucky and you become the “lucky one” who was drowned, you need to make decisions thoughtfully and act only within the legal framework.

Dealing with the flood should be done gradually, following the following stages.

  1. If you see that your apartment has turned into the epicenter of a flood caused by a neighbor living above, then the first thing you need to do is secure your home. To do this, you need to turn off the electricity, since its interaction with water can be harmful to health and even life.
  2. Next you need to notify the living people from above that they are drowning you. If no one opens the door in an apartment located on the top floor, you should not break it down, since this is illegal. Try to shut off the water supply to the apartment, and, if necessary, to the entire entrance.
  3. Despite the desire to immediately remove everything, dry it, and sometimes even wash it, the next step should be photo or video recording of the consequences of what happened. If the neighbor does not agree to compensate for the damage voluntarily, evidence of material losses will be useful in further struggle.
  4. The most important evidence in the fight for compensation for losses will be the act, which you need to be able to draw up correctly.
  5. If in your house the residents know each other not only by sight, but also by name and surname, then there is the possibility of an amicable resolution of the issue. If you don’t know your neighbors, then your next step should be to find out the identity of the neighbors who are drowning you.
  6. It is imperative to figure out whose fault the flood happened. The neighbor is not always to blame for what happened. We need to figure out what exactly happened: a breakthrough or inattention of the residents of the upper apartment. If the leak occurred on the water supply line, then the culprit will be the local housing department (house management company). They are the ones who bear full responsibility for accidents that occur in sections of risers and pipelines, since they collect money from residents for their maintenance.
  7. If, nevertheless, the neighbor is to blame for the incident, then you can try to negotiate compensation for material losses without the intervention of a third party. To do this, you need to invite him to your apartment in order to demonstrate to him the scale of the trouble caused by his fault.

It often happens that people are ready to resolve everything voluntarily, without bringing the flood case to court. If you completely refuse to admit your guilt and compensate for losses, you will have to seek help from the court.

In any case, you need to notify the management company about the emergency and invite specialists to record the incident by drawing up a written report.

When notifying representatives of the housing department or management company about the incident, you should definitely ask the name of the employee who is accepting your appeal. It is also worth asking under what number it was recorded (a note about it must be entered in the registration journal with the obligatory assignment of a serial number and an indication of the time and date).

If over the phone they refused to provide you with a specialist to go to the scene of the incident, then you have the right to clarify the reason for this.

All these formalities will be useful in further legal proceedings. Especially if the housing department itself or the company managing the house turns out to be the guilty party.

Water from the ceiling - neighbors don't open it

First, you need to document the mess in your kitchen. Secondly, yes, it is necessary to demand that the entire riser be turned off. Write a notice and hang it in the elevator, at the entrance door, on the notice board (wherever it will be conspicuous) that the riser is turned off because such and such an apartment is drowning the neighbors below. If the riser is turned on again, then go to the neighbors below you and say that because... bang your head against the wall, stop placing basins and they will flood too (you can exaggerate a little). Again, demand that the riser be turned off. The main thing is to cause massive indignation among the majority of neighbors. As a result, your bad neighbors will be forced to open the door.

Complex issue . Our upstairs neighbors were flooding us. But this happened 2 times in 20 years. We didn't go anywhere, although, of course, it was unpleasant. Most often, this happens because the hose breaks off at the washing machine. And because of a blockage in the upper drain pipe (the second upper hole in the bathtub). And the plumber uses any means to convince the naive housewife that this top drain cannot be cleaned, that all the plumbing, the pipe system, and the concrete screed need to be changed. All the troubles of flooded and upper apartments come from this cunning ass of plumbers. And if you contact (even for decent money) specialized pipe cleaning companies, then in case of problems with the remaining pipes, the housing office will write in the report that the tenant from the upper apartment is to blame, because he turned to plumbers not from the housing office, even if the housing office’s own pipes were leaking.

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What should I do? The neighbors upstairs are drowning and won’t open the door.

What should you do if the neighbors above you, who constantly drown, refuse to compensate for the losses caused by their fault, do not agree with the announced amount of compensation, and do not make contact? In this case, it is better to do without threats to neighbors; this will certainly involve recruiting third parties.

If, after the first flooding, the victim did not immediately go to court, and the neighbors above continue to drown, you need to warn them that reports and assessments have been drawn up about this fact, and now the victim will file an application for judicial review. If after this the neighbors above again did not react and refused to compensate for the losses, you can safely go to court.

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You were flooded by your upstairs neighbors: what to do, how to compensate for the damage?

1. First, contact the Housing Office or the Criminal Code for a commission on drawing up an act on the bay. Don't rush: some defects may be discovered after a few days. As for electricity, after the walls dry out, everything can work again.

Perhaps you showed foresight and insured your apartment or office against the bay? If so, then now is the time to call the insurance company, but, as practice shows, this is not a common occurrence.

Invite the guilty party to draw up the report. In the report, be sure to indicate all damage noticed.

Did your neighbors flood? Take action!
2. Now try to negotiate with your neighbors who flooded you. Even though you are the injured party, be reasonable and make concessions. Resolving the issue through the court can take years and, in addition to time costs, there will be serious financial costs.

If the amount of damage cannot be agreed upon, then independent experts can be invited to assess the damage.

Perhaps your neighbors have the required amount right now, in which case offer them an installment plan to pay compensation.

Record the agreements reached on paper, this could be, for example, a Damage Compensation Agreement.

3. When receiving money, be sure to write a Receipt.

If agreement was not achieved and you decided to sue, then the following material will help you: Court regarding the flooding of the apartment.

What to do if the neighbors living above constantly drown

Sometimes it happens that neighbors flood the apartment. This can happen to anyone living in a multi-story building not on the top floor.

But what if this happens more than once, but constantly? It is imperative to combat the fact that your neighbors are systematically drowning you using legal means. In such cases, you need to go to court.

Today it is possible to evict tenants who constantly violate the rights of people living in the neighborhood through legal action. Systematic flooding is included in the list of violations of the rights of residents.

To do this, you need to do the following: you need to provide evidence to the court that you are being flooded repeatedly. In this case, you need to prove the fact that the neighbors were notified about this, that you demanded compensation from them for damage and asked them to eliminate the problem that leads to you constantly drowning.

It will also be necessary to prove the fact that the culprits did not take any measures to eliminate the causes of systematic floods.

Neighbors are currently flooded: what to do and where to go.

Let's simulate a situation where, upon opening the front door, you see a universal flood. And you realize that the neighbors are flooding the apartment. Letting go of panic, start taking action:

  • Before large-scale rescue operations can begin, the possibility of a short circuit must be eliminated. If it drips in one room, then turn off the power to all electrical appliances in that room. If the entire apartment is a continuous affected area, then turn off the electricity in the entire apartment by turning the toggle switch on the panel.
  • Go up one floor. Ring the doorbell of your upstairs neighbor who is flooding. If your neighbor opened the door, then tell him that he is drowning you. It is not uncommon for a person working shifts to run a bath for a bath, lie down and fall asleep. The water ran over the edge and found a clear passage into your apartment.

Advice
in case of minor flooding due to the fault of the residents of the apartment above you, control yourself in your emotions and try to make peace with them.

  • If your neighbor reacted adequately to the situation, then while he turns off his taps and selects water from the floor, return to your room and save the household appliances. First of all, this applies to electrical appliances located on the first flood line. Then remove the floor coverings (they can be taken out onto the balcony). Place basins, buckets, pots and bowls under the water dripping from the ceilings.
  • Return to your adequate neighbor and help him collect water. The faster you deal with the water problem at the top, the less of it you will have.

Advice

If you rent housing, be sure to notify the owner of the apartment about the flooding.

  • Considering the antiquity of the water supply system in old houses, cases of pipe bursts are not uncommon. Or a defect was discovered during repair work. Strong pressure breaks the pipes and water flows freely into your home. Call an emergency dispatcher and ask him to draw up a report. Be persistent. Utility workers will fight this off by hook or by crook. Do not allow them to cut and remove defective parts. This will be evidence in court.
  • It’s much more unpleasant when neighbors drown and don’t open the door or they’re not at home. But even in this case, there is a way out. The management company must shut off the water supply through the riser. If you have access to general communications, you can tighten the valve yourself. However, if you damage the system in the process, you will have to answer for it.

Advice

Don't try to break down your neighbor's door if they don't open it for you. If you illegally enter someone else's property, you are subject to criminal liability.

The main thing to do if your upstairs neighbors are drowning is to stop the water.

What to do if the neighbors above flooded the apartment.

In parallel with the property rescue operation, start ringing all the bells. The utility service, members of the board of a cooperative or condominium association - these are all the people and organizations where to turn if your neighbors are flooded. This is necessary in order to draw up a “Report on flooding, an accident that occurred on the central heating system, hot water supply (or cold water supply).” This form applies regardless of whether your home is serviced by the housing office or organized by condominiums.

Please note that the refusal of a member of the board of condominiums or public utilities to record the fact of flooding is unlawful.

The document shows when and what exactly happened, the water supply or heating system and in which apartment caused the flood. It is necessary to indicate why everything happened:

  • gross interference in the communications system without the permission of residents;
  • independent replacement of radiators, pipes, mixers;
  • maintenance not carried out on time or performed poorly;
  • premature failure of communication components;
  • improper operation, etc.

The document must contain information about the consequences of flooding:

  • what restoration work will have to be carried out;
  • how damaged each item is;
  • a list of items damaged by water (computer and household appliances, electrical appliances, furniture, flooring and other interior products).

Advice

take photographs of everything that has been exposed to water and is listed in the report.

The act must be drawn up in the presence of the commission. Invite several neighbors who are willing to testify. At the bottom of the document, the entire composition of the commission puts its signature. Then you need to familiarize yourself with the act and sign it with the neighbor who flooded you.

Advice

Be sure to keep one copy of the act with you.

The act must be signed by a representative of the party that flooded you. If he refuses to do this, then the refusal to sign and the fact that he was notified of the drawing up of the act must be reflected in the document. Then a copy of the act can be sent to him by mail with a notification.

How to assess the damage if your neighbors are flooded.

You can tell the damage caused by the flood at a glance. And losses, as we know, require compensation. Therefore, the desire to compensate for damage is legitimate. Especially when the neighbors flooded the renovation. There are several options here:

  • you have recently completed renovations or are in the final stages. Therefore, you have all receipts for payment for construction and repair work, materials and an agreement with the company performing the work. Financial documents will confirm the amount of damage caused. This applies to household appliances, computer equipment, interior items, in general, everything that was purchased for the house. A check indicating the cost of a specific item is indisputable evidence of damages received.
  • You did repairs and purchases of household items and electrical appliances a long time ago, so there are no receipts available. Then invite an expert in the field of valuation activities. After conducting an independent assessment of the property, he will provide you with a report on the assessment of the property that was damaged by flooding.

Advice

Since you will have to pay for the services of a property valuation expert, compare the cost of the compensation you want to receive with the cost of the expert’s work and possible examination ordered by the court.

If the neighbors who flooded you agree with your assessment of the damage and are ready to compensate it without going to court, then settle for voluntary repayment of losses. It will be enough to draw up an agreement on voluntary compensation for damage and have it notarized.

What to do if the neighbors flooded the suspended ceiling.

Good quality stretch ceilings are a lifesaver in case of a flood. Since they can withstand up to 100 liters of water per 1 sq.m. That is, all electrical equipment, expensive furniture, carpeting and other household items will not be exposed to water.

The bubble hanging from the ceiling seems the scariest thing. But this is the maximum inconvenience you will have. So, having discovered that the elastic ceiling material has stretched almost to the floor:

  • turn off the power to the lamps in the apartment;
  • go to your upstairs neighbors to turn off the water;
  • call the emergency service, utility workers, board members of condominiums, neighbors. In general, it works as above;
  • call a stretch ceiling specialist who will help drain the water from the bubble;
  • if a suspended ceiling specialist is delayed or cannot arrive, drain the water yourself through the hole into which the chandelier or spotlight is attached. To do this, a hose is inserted into the hole at one end, and the other end is led out into basins or buckets.

What to do if the neighbor upstairs floods and does not open the door

The document indicates the full name of the neighbors from whose apartment water is supplied and the cause of the flooding. All damage after an emergency is described, the extent of the damage caused is described, and items that are out of order are indicated. It is important not to miss a single piece of furniture, clothing, shoes, etc.

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So, let’s take a step-by-step look at the actions that should be taken to resolve the issue called “my neighbors are flooding .” If the upstairs neighbors, who turned out to be the “reason for the celebration,” immediately compensated for the material damage caused, then this article is clearly not for you. Difficulties arise if housemates categorically refuse to do this. Here we will tell you how to do the right thing and help you figure out, in accordance with the law of the Russian Federation, who is really to blame for the flood. Let's move on to the guide itself:

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