What to do if the neighbors flooded from above? The neighbors poured

In this article, we will talk about what to do if you are flooded by the neighbors and how to require compensation correctly.

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Living in an apartment is wonderful, but sometimes it can bring inconvenience into our life. In particular, this is due to neighbors who can occur incidents that touch you directly. The most common reason for such a neighborhood is a flood from above, which can not only spoil the nerves, but also expensive repairs. It is especially disappointing when it is fresh. How to do the right thing in such situations? We will tell further.

The neighbors flooded - what to do: reasons

Depending on who will be responsible for the flood, the reasons are divided into two groups:

The guilt of the neighbors, if they went on a negligent of their plumbing, did not close the water or tried to fix something themselves, or the plums were clogged from the lack of cleaning.
The utility services are to blame - a breakthrough of the riser, breaking through the central system, the roof or rainwater taps flows incorrectly

In other words, there can be a lot of reasons, but each owner should know one thing - all communications should be kept in good condition and all breakdowns should be corrected in time. Otherwise, the owner will be directly responsible for the accident. But as for communications, the management company is already responsible for them. So, when the neighbors flooded - what to do in such a situation will depend on the cause of the accident.

The neighbors flooded - what to do, where to call?

When the neighbors suddenly flood you - what to do, you should not even think. You must first contact the emergency service if there are no neighbors at home or they themselves cannot cope with the cause of flooding. Repairmen are able to quickly eliminate the flow and close the flow of water, but this is done for the entire riser.

In addition, it is necessary to make a call to the management company so that the specialist arrives and records all the damage.

The neighbors poured - what to do: the procedure

So, the neighbors flooded - what to do and what to do in this case? In fact, you must act in several stages to achieve maximum efficiency.

Stage 1. First exclude the possibility of closing

If you suddenly returned home or simply noticed that water flows on your ceiling and walls, then it is worth excluding the possibility of shock. Sometimes non -insulated wiring, lamps, sockets and so on fall under water. So there is a chance that you will hit the current. It is recommended to turn off all the devices. This will help protect not only yourself, but also the devices themselves from the breakdown.

Stage 2. Call the neighbors

Contact your neighbors and start solving the situation. The very first thing you have to do is eliminate the leak in order to minimize the consequences from the accident. It is important to understand that you do not have the right to hacking doors, if suddenly the neighbors do not answer you or they are not at home.

Even if such actions will save not only you, but also others, then the hacking of the door will still be considered illegal and you can even get a criminal punishment for this. So call the emergency service and then its experts will block the water.

Stage 3. Conduct an assessment and document all the damage

For this, employees of the management company are called and they draw up a special act. According to the law, the representative must appear within 12 hours. By the way, the company's appraisers are witnesses in the case, find out the exact circumstances, and also evaluate the damage and fill out the documents. You can also call other neighbors to witnesses.

The act must stipulate the following information:

The document must be seen by the owners of both injured apartments. This is even fixed by the signatures of all participants at the end of the act. If the culprit is absent or does not want to sign anything, then a special mark is affixed. When the act is executed, it is approved by the head of the Criminal Code.

It is important to call employees for evaluation immediately after the accident. If you are hesitating, then your neighbor can hide the fact of leaks, remove the malfunction and say that it is not to blame for anything. Moreover, in a couple of days it will be difficult to give a normal assessment. For example, your wallpaper has been peeled off and dried up. This could have happened before, and you can’t prove that the neighbors are to blame.

Find witnesses and take a photo together, and preferably a video of the flood - all smudges and damage. If you have to go to court, then you will prove your own rightness without problems. Still keep the original act until you transfer compensation.

If, a couple of days after the accident, new damage began to appear, then again call the commission, which should make another act. By the way, special companies, and not just the Criminal Code, can record the damage.

Before sending an application, it is important to verify the company's documents. It should be official. Employees of such services, as a rule, work standardly: they come on a call, make notes, pictures, and after a few days they provide a report in which the amount of damage and all evidence is attributed.

The price of the appraiser’s services can be 4-8 thousand rubles, depending on the region and the number of work. If the neighbor is really guilty, then he is obliged to pay compensation.

Stage 4. Compensation requirement

The easiest way to solve the situation is to talk with the guilty and settlement of all issues. For example, he himself can make a repair with you. If the owner denies his involvement in what has happened or evades work, you will have to go to court.

The neighbors poured - what to do: appeal to the court

So, if you decide to go to court, then you first need to prepare documents without which the lawsuit will not be accepted:

Act of flooding
Conclusion of an appraiser about the damage received
Copies of documents confirming property
Extract from the personal account about the absence of debts by rent, which can be issued through the MFC

If you do not have the opportunity to attend court, then draw up a power of attorney for your representative or hire a lawyer. To find out what other documents may be required, contact the judicial administration.

By the way, be sure to get on time. So, the application must be submitted no later than a month after the incident. As a rule, the hearing is also assigned within a month and the court usually sides the plaintiff, if he has enough evidence.

There are situations when a person is not an owner, but lives under a social contract. Despite this, the responsibility for the accident is still on it, because it is he who should ensure the normal operation of the plumbing in the room. If the perpetrator does not have funds for payment or he still refuses to pay, then the case is referred to bailiffs that can describe or sell property.

The neighbors poured - what to do: compensation

As a rule, the perpetrators must fully compensate all the damage. Therefore, when the neighbors flooded - what to do, should not even bother you. There are two options - either negotiate or go to court.

Usually, when calculating compensation, the wine is taken into account, as well as the circumstances of the incident. But there are frequent cases when the amount of damage is reduced after a second examination. The dimensions of compensation are always individual and are determined by the court. As statistics show, the amount of compensation usually does not exceed 20-30 thousand rubles.

This is not the first time the neighbors flooded - what to do?

Undoubtedly, anything can happen in life and everyone can happen to everyone, because no one is safe from accidents. Most often, the perpetrators themselves find this, and therefore try to somehow make amends. When the neighbors were not for the first time - what to do is not entirely clear, but the fact of improper exploitation of housing is obvious. Perhaps the neighbors are dysfunctional. It also happens that older people can pour whose health status suddenly became worse.

When neighbors are drowned from above, the only way to struggle is the trial. That's just that all the facts are accepted, it must also be proved that measures to eliminate leaks were not taken. Not everyone knows, but besides the requirement of compensation, a resident has the right to demand eviction of residents who constantly violate the rights of people living with them in the same house.

The neighbors flooded - what to do if they rent an apartment?

In such a situation, you need to carefully study the lease:

If there is a paragraph that the tenant is appointed for the condition and repair of housing, then all claims are issued to him
If the contract is absent or it does not determine who is responsible for the condition of the housing, then the owner will be responsible for everything

So, if the neighbors flooded, it is quite clear what to do, even if they are tenants. But, if they are guilty and refuse to pay, then the owner will have to bear responsibility. And he already, can go to court and demand compensation from the residents.

By the way, the reason for the flooding happened is also important here. For example, if a sewer pipe is rotten, the tenant is clearly not to blame, because the owner had to rent an apartment in proper form.

In general, in order to minimize risks and protect yourself from proceedings, it is better to insure your apartment. As a rule, payments on the policy are quite enough and it covers all costs. This allows you to protect yourself from all sorts of proceedings again.

What to do if you flood your neighbors from below?

Step 1. Evaluate the situation

First you need to raise if your fault is in the situation. The perpetrators are also determined, as in the case if you flooded you.

If you have not closed the crane, you have a drain or are incorrectly connected devices for supplying water, then you will have to bear responsibility.

If a rake or battery, you will have to contact the management company because it is its responsibility

Often companies try to shift responsibility or pay less. Therefore, do not pity on the money and make an independent assessment, and then immediately go to court.

Step 2. Talk to your neighbors

If you are really guilty, then do not hide. So you will only make worse. If you find a leak, then immediately warn your neighbors about it and explain the reason. If the damage is small, then they can accept small compensation or sometimes even abandon it.

If the flooding is strong, then this may not make the amount of compensation less, but at least it smoothes the guilt.

By the way, when going to the neighbors, it is worth fixing the damage caused to the camera. This will protect yourself if they begin to demand too much.

Step 3. Try to agree

Experts do not recommend bringing the case to court. Better try to agree. If this turns out, then you can leave a receipt of payment of compensation. The victim also writes a receipt about payment and that he has no complaints. If the case comes to court, then in addition to compensation, you will have to pay the state fee, the costs of the defender, the services of the appraiser, as well as additional examinations. So it’s better to agree right away.

Step 4. Be prepared for trial

If the neighbor asks too much, then offer yourself to go to court. Usually this is not very profitable to do this if the damage is small. In addition, the application will be considered for some time, and the commission may calculate the amount of incomparable damage. You can also file a lawsuit and demand an examination again.

To convince the court that you are innocent or reduced compensation in several situations:

The accident did not occur through your fault. More precisely, the wine for it is assigned to the management company. For example, you are clearly not to blame for the riser, even if this happened in your apartment.
If the act of flooding and the evaluation of damage were carried out without you. As you remember, a special mark is made on the document.
The amount required by the plaintiff does not take into account wear, and for some reason, individual materials and work are included in the estimate.
The accident occurred due to the incorrect installation of technology by the master. In this case, the claim is made precisely to the master.
The detail was defective and therefore there was a breakthrough.
You can do another independent examination yourself.

In order not to be in such an uncomfortable situation, it is better to always control the condition of the pipes yourself, and be careful when you use the sewer - the drain should always be clean, the lalees of the washing and dishwasher should be working. And also, do not forget to block the water when leaving home. These simple tips help protect themselves from the flooding of neighbors.