Accused of flooding an apartment: what to do, evidence of innocence, trial

Pravozhil.com > Housing and communal services issues > Neighbors > Flooding > What to do if your neighbors from below are flooded, what the dangers are and how to act correctly - we’ll figure it out

What to do if you flood your neighbors from below is a pressing question. Situations in apartment buildings when neighbors from above flood neighbors from below are, frankly speaking, not very uncommon.

This happens both due to the fault of the apartment residents themselves, and due to the negligence of management companies in maintaining the water components of the house. Regardless of the cause of the incident, it is extremely important for those citizens who flooded their neighbors to know how to act correctly in such an unpleasant situation.

In today’s material, our resource will consider in more detail the procedure for dealing with such a set of circumstances, clarifying all the nuances and subtleties of the case of flooding of neighbors below.

What to do first if you flood your neighbors below?

I flooded my neighbors downstairs, what should I do in this situation?

Many people, finding themselves in such a situation, think: I flooded my neighbors, what are my actions and rights. In a situation where the neighbors below are flooded, the first actions of the citizens living in the apartment from which the flooding occurred are very important.

The most competent order of priority actions in such a situation is as follows:

First, return home as soon as possible. Turn off the water in the riser area as quickly as possible and try not to get nervous, and also, if possible, reassure your neighbors.
Then be sure to call the housing and communal services department, explain the situation and call a repairman at your address.
Next, in order to avoid further flooding, use all possible means to collect water from the floor and pour it into the sewer drains. Small ladles and unnecessary rags will be great for this. When collecting water, it is better to enlist some support from several people, since in such a case, partial neutralization of the consequences of the “flood” will be carried out in the shortest possible time.
After this, all that remains is to wait for the foreman from the housing and communal services and, again, if possible, carry out a preliminary solution to the problem with the “flooded” neighbors.
Additionally, if yours or your neighbors’ apartment is insured, then you should definitely call the insurer and get recommendations on the most appropriate actions in the situation that has arisen. As a rule, insurance companies ask the insured to obtain a written, preliminary verdict on the cause of flooding from a housing and communal services employee. They also recommend that victims and potential culprits not touch the water supply and wait for an independent examination from specialists from the insurance company, who will arrive at the scene of the incident within a few hours.

In general, there is nothing particularly terrible in the situation with flooding of neighbors below. The main thing in such circumstances is to act calmly, balancedly and in accordance with the information presented in this article.
Otherwise, wrong actions can only make matters worse, destroying evidence of your innocence or adding additional difficulties to the trial process.

You entered the apartment and saw that your upstairs neighbors were drowning you. How to behave?

If your property is insured, call the insurance company.

Call the emergency service - workers will block the risers.

Then turn off the electricity in the apartment - this will help prevent short circuits and breakdowns of surviving equipment that can still be saved.

Move everything valuable to the driest place in the apartment, to the vestibule or entrance, with an observer assigned to the things.

Go to the upstairs neighbors and find out what happened. Perhaps they, like you, are the injured party.

if the upstairs neighbors don’t open the door, don’t break down the door - for damaging their property or illegally entering someone else’s territory, you can go to court in a criminal case, and the flood will not justify such a rash step;

Do not try to block public risers yourself - this can be dangerous, and if your actions lead to a breakdown of communications, you will be obliged to fix it at your own expense.

If the neighbors above you have a washing machine that has given up on you and they flood you, the demand will be on them. But if the leak occurred in a common building riser, representatives of the housing office must be brought to justice.

In modern new buildings, engineering systems are installed using up-to-date equipment and high-quality materials are used

In such a house, the risk of being flooded due to the fault of the housing office is much lower - pay attention to the new complexes of St. Petersburg developers:

Procedure for assessing damage from the bay

How to assess damage from a flood?

Regardless of the person responsible for the flooding of apartments, it is quite important to assess the damage from the incident.

Such a measure is especially necessary if defending the rights of victims will take place in court. In general, the procedure for assessing damage from the flood can be carried out in two main ways:

The first is an assessment of the damage caused by the joint efforts of the person responsible for the flooding and the injured person. This valuation technique is based on summing up the approximate value of all damaged property and the cost of potential repairs. It is convenient to assess the damage in this way if the Gulf problem is resolved peacefully, but in the case of judicial debate to resolve the conflict, it is better to resort to the second assessment method.
The second is an assessment of the damage caused with the involvement of a professional appraiser. This technique is more accurate than the one described earlier and can eliminate potential miscalculations not in favor of the victim. It is also necessary when going to court, because a report drawn up by an expert assessing the damage caused has greater legal force than a similar paper drawn up by the citizens themselves.

In principle, the use of both assessment methods is quite convenient and has its advantages, but also disadvantages. Which method is more rational to use specifically in your situation - decide for yourself.

Independent damage assessment

If you were unable to reach a mutual agreement with your neighbors, you must seek the help of an independent expert who can objectively assess the costs incurred by your neighbors. The procedure for calling an examination is as follows:

You should choose a company that conducts the appropriate examination and pay for its services (either on your own or using the funds of the victims - you should decide in a timely manner).
Providing experts with a passport, an act confirming the bay and documents for the apartment.
Inspection of the apartment by an appraiser for damage.
Drawing up an apartment assessment report within a period of 3 to 10 days. When compiling the report, the average market cost of building materials and repair services and the degree of deterioration of the damaged property are taken into account.

Procedure in the period after flooding of neighbors below

What should you do in a situation where your neighbors below are flooded with water?

After the main nuances of the situation with the flooding of neighbors from below have been noted in detail, it would not be amiss to summarize the acquired knowledge and form it into a single procedure for actions necessary to carry out after the incident. In the template version, the action algorithm is as follows:

Preliminary measures are being taken to neutralize flooding, described in the first paragraph of our article. The causes of the incident are also recorded using photographs, videos and relevant expert opinions (the so-called acts of flooding).
Those responsible for the incident are determined in accordance with the provisions of the second paragraph of our article and with the involvement of some experts (housing office employees, for example).
The damage caused is being assessed, which was discussed in the previous section of our article.
Verbal agreements are reached to resolve the problem either peacefully or in court between the guilty and injured parties. These can be supported by receipts or other types of civil contracts.
Final measures are being taken to resolve the problem, which are related to compensation for damage either through peaceful agreements or according to the verdict of judicial organizations.

The main thing in the process of neutralizing the consequences of flooding is to act legally competently, without deviating from the procedure presented above and the norms of the current legislation. Otherwise, it’s quite easy to inflict additional difficulties on yourself.

What to do next

If it is not possible to shift the blame to the utility services, you need to resolve all issues with your neighbor without bringing the matter to court. When he goes to court, the costs will be much higher, first of all, the loser pays the legal fees.

The first step is to try to agree to pay for repairs and replacement of damaged furniture or equipment. When resolving disputes between neighbors amicably, everything is usually compensated with money, reluctantly agreeing that the culprit simply makes repairs at his own expense.

When you really don’t want to swear and have extra money, you can go this route. If you don’t really want to pay, you can try to negotiate to make repairs for the victim. Then building materials, wallpaper, etc. are chosen jointly, and the rest is on the conscience of the offender. This is the cheapest option, because if the victim chooses the building materials and finishing, no one forbids the guilty person to do the repairs himself or with the help of familiar builders who will do it for a nominal fee.

When the flooding is very severe, for example, a pipe has burst and the valve cannot be easily turned off, you need to call the employees of the housing office or another management company. Then they are obliged to draw up an act indicating the reason why the flood occurred. The act must be drawn up and signed in two copies, one must be kept with you.

It is extremely difficult to prove your innocence and the guilt of the management company. But it’s definitely not the tenant’s fault if:

a water pipe burst;
the heating system has failed;
problems with sewer pipes, if it is not a blockage.

If a neighbor sues

When a lawsuit is filed, you shouldn’t think that it’s the end of the world. In such simple cases, it is not even necessary to hire a lawyer (although it is advisable). The most important thing to remember is that all the inflated demands of the victim will not be satisfied if they are not supported by anything. That is, if there is no photo confirming that a sofa or computer was flooded, then he cannot demand compensation for repairs or replacement of this. Moreover, if the report says that only the kitchen was damaged, where there is no sofa, much less a computer.

It is in court that information (with a witness) will be useful that the culprit of the flood warned about everything in advance and the amount of damage already depends on the actions of the flooded citizen.

If for some reason there is no opportunity (or desire) to deal with legal matters on your own, then you need to seek the help of a lawyer.

An independent examination can also help, both to prove that the management company is to blame, and to reasonably point out the disproportionality of the victim’s demands.

How to recover through court

Collection will not be made personally, but through bailiffs. You need to try to get the court to deduct a certain amount from your salary until everything is covered. The amounts should be small, so there is no need to worry about your property, it is completely safe and will not be auctioned off.

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How to act in this situation?

Tips for those who are guilty of flooding their neighbors

Summarizing today's material, our resource will give some practical advice on how to act in a situation where neighbors below you are flooding from your own apartment. For ease of understanding, we suggest that you familiarize yourself with the list below:

First, always proceed in the order described above. Never ignore assessing the damage, drawing up a flood report and other mandatory procedures, since if legal disputes arise and these procedures are not carried out, it will not be easy to defend your case.
Secondly, carefully check the completed flood report. Even if the owner of the flooded home did not let you in to control the preparation of this document (this, by the way, is legal, because the home is his personal property, which is inviolable), be sure to check its result. If you do not agree on any points of the act, do not sign it, and also file a claim in court regarding the contents of this document and conduct your own independent examinations. By the way, such a measure is necessary, since management companies often shift the blame for flooding onto the owner of the property from which it occurred.
And thirdly, don't be afraid of litigation. If the truth is on your side, then you need to defend it, and defending it, as noted earlier, will help with a competent approach to solving the problem, the basics of which are discussed in detail above.

Let's record the damage

On the day of the emergency, to fill out a damage report, call an employee of the management company, the HOA (homeowners' association) of your home, the DEZ (Direction of the Single Customer - a regional economic organization) or the housing office. Describe in detail what went wrong, how many square meters.

m of laminate is damaged, how many strips of wallpaper have become wet/peeled off - what width and height, quality. Invite the neighbor who flooded you to draw up the document; if he doesn’t come, reflect this in writing.

You need to draw up a damage report on the day of the flood, otherwise it will be difficult to prove that you suffered losses due to the flood.

If a representative of the management company, HOA, housing office or DEZ cannot visit you on the day of the accident, go to one of these offices yourself and write a statement about flooding and losses. An alternative is to draw up a damage report yourself, with the neighbor who caused the flood, and/or witnesses.

Take photos and videos of all damage; if the culprit neighbor opens the door, also capture what is happening in his apartment while you are being drowned. This will strengthen your evidence base if the case goes to trial.

Full name of the participants in the incident, the representative of one of the 4 specified organizations drawing up the document, and witnesses;

cause of flooding (known or suspected);

an inventory of the damage (state that the damage was discovered on the day of the flood, because after a couple of days new consequences may appear);

signatures of participants in the flood and those invited and witnesses.

Take a copy of the damage report; it will be useful in further proceedings.

If the neighbor doesn’t show up when the commission draws up a flood report, don’t worry. The main thing is to inform him about the date and time of work of this commission, you can by telegram or registered letter, so he won’t get away with it.

Resolving the issue through court

Any dispute regarding damages will be heard only in local courts.

If you have been sued for damages and you do not agree with the claims, you need to:

Write an objection. In your objection, you must indicate the reason why you consider yourself innocent, and who, in your opinion, flooded the apartment of the neighbors below and is to blame for the incident.
Dispute the amount of damage. If your guilt is obvious, you can significantly reduce its amount. To do this, you need to challenge the damage assessment by ordering a forensic examination.
Challenge moral damages. The domestic legislator has not determined the procedure for calculating moral damages. Therefore, plaintiffs proceed from personal wishes and very rarely motivate the amount. At the same time, the Civil Code of the Russian Federation requires that the calculation of moral damages be indicated in the statement of claim with reference to circumstances confirmed by evidence. For example, a mental experience can be confirmed by a medical certificate. In addition, if only relatives or tenants live in a flooded apartment, the victim does not have the right to demand compensation for moral damage caused to him.

A professional lawyer can draw up competent legal statements.

How to determine who is to blame?

Having the act in hand, you can determine the culprit of the incident. This is the person who bears operational responsibility in an apartment building.

According to clause 1 of the Water Supply Rules, operational responsibility falls on the balance holder of the section of the water supply system where the accident occurred. Or according to the agreement between the residents and the managers.

But in practice, building managers, and even more so apartment owners, do not keep a balance of water pipes. Therefore, the pipe section will be considered under the control of the person who has the most complete access to it.

So, if a pipe burst occurred in the entrance, the owner of the apartment cannot be its balance holder. And if the neighbors flooded, then they are responsible.

But if the accident occurred in the apartment, but in front of the entrance valve, and the resident does not have direct access to the nearest valve outside the apartment, the manager of the pipe section in front of the entrance valve will be responsible.

After all, the owner of the apartment cannot maintain and monitor the serviceability of the pipes in the entrance to which he does not have full access.

Where to begin?

The course of action you take should depend on the specific circumstances of the incident.

If you discovered the flood

When you notice flooding before your neighbors call you angry, it works to your advantage. You need to do this:

Stop water leakage. There is no need to look for its cause, but simply turn off the valve closest to the accident site. And if it is located outside the apartment and you do not have access to it, contact the balance holder who has access and demand that it be closed immediately.
Call emergency services. It is best to call emergency workers from the organization that manages the house. And if they do not provide such services, they will be craftsmen from a legal company that leaves traces of their activities, and not Vasya’s friend from next door.
He will go down to the affected neighbors and offer his help. You need to talk to your neighbors as politely as possible and help eliminate the consequences of the flood on your own before the emergency crews arrive.
Upon arrival, the emergency workers should be invited to your apartment to inspect the accident site. To draw up a flood report, emergency workers inspect the apartment from which water is coming to determine the cause of the accident. Assistance to emergency workers will help eliminate guilt due to inaction if the case goes to court.
Arrange a meeting the next day to decide on the procedure for compensation. Regardless of whether you admit yourself guilty of the incident or not, you need to be the first to talk with the injured neighbors about the procedure for compensation. This way you can avoid a possible trial and preparatory actions for it.

If the neighbors discovered the flooding

Let them into the apartment. If your neighbors told you about the flood, the flood in your apartment is probably not very noticeable, and perhaps the accident happened outside your home. In any case, there is no need to stand on the threshold and claim that nothing is leaking. But you need to let the injured neighbors in and together with them inspect the possible accident sites.
Proceed as if you discovered it yourself. The injured neighbor will probably call the emergency services himself. But calling again, on the one hand, will speed up their arrival, and on the other hand, will once again confirm your actions aimed at eliminating the consequences of the accident.

If the apartment owner's liability is insured

The first step is to notify your insurer about the occurrence of an insured event. And then proceed according to the above scheme.

If you are found innocent, you simply do not need to apply for payment. But if you do not notify the insurance company in time, you may be denied payment on this basis.

Apartment Bay Act

Please note that the inspection by the commission is usually carried out 7-8 days from the moment you were uploaded. Such a delay occurs for one purpose - to notify the commission of all those responsible for the incident. It is at this moment that the most severe consequences of the flood will appear more clearly.

The commission consists of at least three people - representatives of your housing department and an expert. In some cases, one representative of the developer is invited to the commission. Next, an act is drawn up in any form. It must include the following points:

– the fact of flooding of this premises and the reasons why this happened. Visible damage to floors, walls, plaster, etc. will be described here;

– the reasons why the accident occurred. The root cause of the incident is clearly stated: it could be a tap left open, a breakdown of certain equipment, a leak in the risers;

– relationship between cause and damage.

The report also indicates the time when the emergency service was called and the time they spent troubleshooting.

After all the descriptions, the full commission must sign the above-mentioned act and put the seal of the housing department. In addition, video recording of the damage or simply photography will be carried out.