Statement of claim for flooding of an apartment by neighbors for damages: drafting, sample, filing

Reasons for going to court when flooding

In accordance with the law, the person responsible for causing harm is obliged to compensate for the costs of restoration. The culprit can pay for repairs or restore it himself (by agreement of the parties).

In some cases, a situation arises when the parties do not come to an agreement. If a common solution is not found, the victim has the right to go to court to recover costs.

A prerequisite for going to court is evidence of the defendant's guilt. Funds will not be recovered if the court still has doubts about the guilt of the other party. Therefore, it is necessary to carefully prepare for the process in advance.

Procedure for collecting compensation for damage from flooding of an apartment:

1. Contact the management company.
2. Drawing up an apartment occupancy certificate.
3. Attempt at pre-trial settlement.
4. Carrying out damage assessment.
5. Carrying out an examination.
6. Going to court.

Important! If the statement of claim contains adequate requirements and is based on the results of the examination, then the court will cooperate. However, this is not a guarantee of quick payment. Funds can be collected only from official income (pension, salary), but not more than 50% of the monthly amount.

Terms of compensation for damage incurred

The court ruling always contains information about the amount of satisfaction of the claims, as well as the amount to be recovered. The payment terms and regulations are described in detail. The defendant’s side is obliged to make monetary payments within the specified period, since after the verdict is issued, the citizen acquires the status of “debtor”. Debt repayment can occur through bailiffs.

It is established by law that court decisions take effect practically on the day they are made. However, the parties can agree to pay the money in installments. Such a decision between the participants must be documented in the agreement. Each payment is handed over against receipt - experts recommend involving eyewitnesses for this. After repaying the debt, the defendant takes a no-claims notice from the injured party.

If there is a one-time transfer of money, then you also need to take a receipt from the recipient. Additionally, you can fill out a note on the payment receipt that the funds are being sent to cover a court order in a claim for flooding of the apartment.

Involving bailiffs in the debt repayment procedure eliminates the need to independently regulate the calculation. The executive authority oversees the flow of funds between the culprit and the injured party.

Delay in established payments is a serious offense that entails penalties and interest. The penalty is calculated from the moment the payment is due, at the current exchange rate of the Central Bank of the Russian Federation. For example, if the rate is 10%, then the penalty is calculated on top of the debt at the time of late payment.

Important: Experts recommend that the parties include in the agreement the right to collect sanctions. Regarding the preparation of this document, Art. No. 395 Civil Code of Russia.

How to draw up a claim for compensation for damage from flooding of an apartment

The main document when going to court is the statement of claim. Therefore, special attention must be paid to its preparation.

Chapter 12 of the Code of Civil Procedure of the Russian Federation provides for special requirements for a claim. If the document does not comply with them, the claim is returned to the applicant for revision or remains without consideration.

The issue of filling an apartment has many nuances. Judicial practice shows that even with the maximum evidence, the culprit can avoid punishment.

Therefore, when preparing a claim, it is advisable to contact a qualified lawyer. A specialist will study the situation and help in preparing documents.

Important! The law provides for the possibility of recovering attorney's fees. To do this, it is necessary for a specialist to be a representative in court. As judicial practice shows, the court can recover up to 20,000 rubles from the defendant. as compensation for legal support in favor of the plaintiff.

If you prepare a claim yourself, the likelihood of recovering damages is significantly reduced. Therefore, the applicant needs to prepare carefully. Let's consider the main features of a claim for compensation for damage from an apartment flood.

Form and content of the claim

The statement of claim must be prepared in simple written form. In 2021, there is no provision for filing a lawsuit electronically.

The content of a claim for compensation for damage from flooding of an apartment in an individual form is not provided. Therefore, the document must comply with the general requirements for claims.

The claim for reimbursement of repair costs includes:

• name of the judicial authority;
• applicant details (full name, address, passport details and contact details);
• similar information about the defendant;
• the amount of repair costs;
• amount of state duty;
• title of the statement of claim;
• information about the accident (date, cause);
• data on the availability of expertise;
• evidence of the defendant's guilt;
• information about the assessment;
• reference to law;
• plaintiff's claims;
• list of documents;
• date and signature of the applicant.

Sample

Sample claim for compensation for damage from flooding of an apartment

Sample statement of claim for compensation for damage from flooding of an apartment

Claimant's costs

Mandatory expenses include payment of state duty. The amount of payment is established by Art. 333.19 of the Tax Code of the Russian Federation for the cost of the claim:

On a note! Details for paying the state fee can be obtained from the office or on the official website of the court.

Other costs will depend on your specific situation. Among the possible options:

• carrying out examinations;
• postage costs (for sending a claim to a neighbor, sending documents to court);
• payment for a lawyer (execution of a power of attorney to represent interests, direct legal services), etc.

If you win, all expenses can be recovered from the culprit of the flood, provided that the relevant requirements are indicated in the claim. For its part, the defendant also has the right to conduct repeated or independent examinations at his own expense (for example, if he considers the cost of damaged property to be inflated). Having won the case, he can demand compensation for these costs from the plaintiff.

The amounts of damages compensated do not relate to the economic benefit of the plaintiff, and therefore are not subject to personal income tax.

What needs to be proven in court

To recover damages from a neighbor, it is necessary to prove that he is the culprit of the accident. The main method is to conduct an examination.

Important! The law prohibits unauthorized citizens from arbitrarily breaking into citizens’ homes. Therefore, to conduct an examination, the defendant’s consent to the examination may be required.

Independent entry into an apartment, including breaking locks, will be considered under criminal law. Moreover, it does not matter how much damage is caused to the property of the victims.

Example . The management company warned citizens about the start of heating. Irina went to work. When the pressure was applied, the old radiator could not stand it. Hot water poured onto the floor and flooded 3 floors. Pensioners lived in an apartment near Irina. On the day the heating started, they were at home. At the first sign of an accident, they called the emergency crew. But they didn’t have the neighbor’s phone number. Therefore, the mechanic turned off the heating supply to minimize the damage. However, the locksmith refused to break the lock so that the neighbors could collect water from the floor. The district police officer also prohibited breaking the door. Therefore, the neighbors' apartment suffered significant damage, as water continued to seep through the ceilings.

If the culprit interferes with the examination, it is advisable to prepare a petition for an examination in court. In such a situation, the neighbor will not be able to avoid visiting an expert.

Only through the results of the examination can it be revealed who was at fault for the accident.

Nuances of legal settlement

The Code of Civil Procedure of Russia (Articles No. 152, 154) specifies the time limits for consideration of claims. The magistrate analyzes the case within 30 calendar days from the date of registration of the petition in the office of the authority. For district authorities, the period is set to no more than 2 months, for arbitration - up to three months.

It is noteworthy that the judicial authority is not responsible for increasing the time for hearings and rendering a verdict. This is due to the fact that during the hearings the defendant may delay the consideration. Therefore, it is difficult to unambiguously determine how much the court will need to decide on payment of compensation for the flooding of the apartment.

Limitation period for apartment flooding

The limitation period for the cases under consideration applies to general jurisdiction and is 3 years. If the specified period is missed, the injured party is not deprived of the right to appeal to the court. To restore the period, you must submit a petition for renewal of the period.

In this case, time is counted not from the date of the accident, but from the moment of receiving information about the flooding of the apartment. For example, the plaintiff may have been on a business trip when the person responsible caused damage to the property. If at that time a tenant was living in the apartment and informed the owner that the apartment was flooding from the roof, the countdown begins from the moment the call was made.

Pre-trial claim for apartment flooding

According to the law, filing a pre-trial claim to compensate for damage caused by flooding of an apartment is not necessary. However, if the organization servicing the apartment building is to blame for the accident, then experts recommend first sending a complaint to the management company.

Although there is no requirement under consumer protection law to file a claim, a written statement increases the chances of a speedy recovery. The provocateur of the accident, realizing the need to pay the costs of repairing the flooded apartment, often meets halfway and grants the request.

Pre-trial claim form for a flooded neighbor.

Request for an independent assessment

Before applying for an independent forensic examination, you should make a list of things to be assessed. Then an organization or individual specialist is selected to conduct an inspection of the flooded apartment.

After the procedure has been completed, a petition will be filed with the court. It is noteworthy that the cost of such services can reach or be higher than the cost of damage. Therefore, it is necessary to include research in compensation for a claim.

The following information must be included in the text of the document:

• list of items;
• position arguments about disagreement with the previous report, for example, from the Criminal Code;
• Proposal of candidates for conducting assessments requires certificates and access to such work.

Form for petitioning the court to conduct an independent examination.

Objection to a claim for flooding

Objecting to a claim for flooding of an apartment by upstairs neighbors is a normal practice in legal proceedings.

If the guilty party hires a lawyer, then a competent specialist will be able to break the document into several points and identify violations:

• no information about the source of flooding;
• there is no information about the owner of the apartment whose owner caused the accident;
• the property inspection report has not been signed;
• the culprit was not notified in writing of the assessment being carried out;
• the examination was carried out by an incompetent person or without a certificate of admission to such work.

Template for objection to claim.

Counterclaim for apartment flooding

The defendant’s side has the right to send a counter-statement during the hearing and put forward its own demands to the plaintiff. In this case, the court is obliged to consider the claim together with the petition for flooding of the apartment.

Often the requirements relate to the unauthorized actions of the injured person in relation to the provocateur of the accident:

• insults to honor and dignity;
• threats to life and health;
• causing bodily harm;
• causing damage to the property rights of the defendant;
• other.

A counter-statement to a claim for flooding of a municipal apartment is one of the types of protection of interests, so experts recommend that the victim control himself and not give reasons. The defendant may make such statements at any time before the court ruling is made.

Sample counterclaim.

Documents for the claim

The citizen is obliged to justify his demands. Therefore, the statement of claim must be accompanied by documents that prove the defendant’s guilt and confirm the amount of damage.

Sample list of documents:

• the applicant's civil passport;
• title document;
• extract from the house register;
• extract from the Unified State Register of Real Estate;
• evidence of attempts at pre-trial settlement;
• the results of the examination or a request for its appointment;
• evaluation report;
• photo and video evidence;
• act on the bay of the apartment.

The list is not final. The victim will receive compensation only if there is objective evidence.

Important! It is not recommended to carry out repair work until the end of the trial. Since the defendant may doubt the fairness of the assessment. If the court satisfies his demands, the assessment will be repeated.

Referral to court

The issue of cost recovery has a direct bearing on real estate. Therefore, they have exclusive jurisdiction. The application is sent to the location of the apartment.

The defendant in the process is the owner of the property in which the accident occurred. In a number of cases (based on the results of the examination), the management company is involved as the culprit.

If at the time of the incident there were third parties living in the apartment (relatives of the owner, tenants), then the claim is still sent to the owner. Since the blame for the maintenance of the living space rests with him.

To select a judicial authority, it is necessary to analyze the amount of the claim. It is determined on the basis of the assessment report:

• if the amount of damage does not exceed 50,000 rubles, then the applicant must send documents to the court district at the location of the apartment;
• if the amount is more than 50,000 rubles, then the plaintiff applies to the district or city court.

Important! The court will not consider an application based on the applicant’s personal conjectures. The amount of costs must be established by the authorized organization.

The applicant must independently select an appraiser company, enter into an agreement with it and pay for the services. The assessment amount will be the cost of the claim.

The following costs are not included in the claim price:

• for a lawyer;
• to forward documents to the court;
• for evaluation;
• for examination.

Procedure for filing a claim

The place of filing a claim (territorial jurisdiction) is determined based on the amount of damage from the flood (with the exception of the amount of moral compensation):

• up to 50 thousand rubles. - magistrate;
• over 50 thousand rubles . – to the district (city) court.

The instance is selected at the place of residence of the defendant . Often he lives with the victim at the same address; accordingly, the application will be filed at the plaintiff’s place of residence. The exception applies to cases where one of them actually lives at a different address.

To submit a document, you can choose one of the following methods:

• Mailing. It is recommended to send the document by registered mail with a list of attachments (as confirmation that it is the claim that is being sent) and acknowledgment of delivery. The latter will be proof of delivery of the letter to the specified address.
• Sending online. The method is available for ships whose official websites have implemented a similar technical capability.
• Personal submission. Reception of claims is carried out by the office or reception of the court. In this case, its employee must put a mark on the plaintiff’s copy with the date of acceptance of the document and a personal signature.

Petition for appraisal examination

A petition is filed if the plaintiff did not conduct an examination in advance or the defendant interfered with the examination. It may be prepared as a separate document or included in the statement of claim.

The petition must include questions for the expert. Based on them, the specialist will prepare the examination result.

Main questions:

1. Cause of the accident.
2. The culprit of the bay.
3. The market value of the victim's apartment on the day of the inspection.
4. Market value of residential premises the day before the accident.
5. Does the price before the accident match the price after the accident.
6. How much did the value decrease as a result of the incident?
7. The cost of repairing an object for restoration.

Time limits for going to court

You can go to court for compensation for damage within 3 years from the date of the accident. In practice, the more time passes since the incident, the less likely it is to receive adequate compensation.

If the applicant has already carried out repairs, then it is almost impossible to prove guilt. The court will not accept receipts for repairs as evidence of costs.

Example . Valentina went to court to recover compensation for the flood from her neighbor. The woman tried to resolve the issue voluntarily; the neighbor promised to pay the money without going to court. But after 6 months she decided to forcibly collect the funds. Valentina filed a claim, but did not provide an assessment report. The person responsible for the incident requested an assessment. Experts did not detect the effects of the flood in the apartment. Therefore, the court ruled in favor of the defendant. Including recovering costs for conducting the assessment.

The trial lasts for 2 months. However, in practice, the procedure is delayed in the case of assessment, examination, and repeated studies. The trial can last up to 6 months.

If the requirements are satisfied, the court decision is given legal force 1 month from the date of issuance. If the applicant's demands are not satisfied, he can appeal the decision within 30 days.

Review period

It is also worth mentioning the time limits for consideration of claims by the court, provided for in Articles 154 and 152 of the Code of Civil Procedure of the Russian Federation:

• The magistrate is obliged to consider the case within one month from the date of filing the application with the court.
• for a district judge the terms are two months.
• The arbitration court is obliged to begin considering the claim within a period not exceeding 3 months.

It’s worth pointing out right away that the court is in no way responsible if the process is delayed, which happens quite often due to various circumstances. It is difficult to say in advance how many meetings will be required to make a decision on collecting compensation for the damages caused or releasing the culprit from liability.