What to do if the neighbors are flooded
Life in high-rise buildings is associated with the possibility of flooding. You can flood someone, your neighbors can flood you. Such a stressful situation is unsettling, it is difficult to immediately decide what to do and where to go. To make it easier to get together, we will tell you in detail what to do if the neighbors are flooded.
The content of the article
Stop the flood and find out who is to blame
If water is still pouring from the ceiling, the first thing to do is stop the flood. The first step is to turn off the electricity in the apartment. You need to do it on electrical panele, by lowering the switch of the input machine down. Then you need to reach out to the neighbors who flood you. At the same time, we call the emergency service of the control campaign, inform about the flood. They should come and close the damaged riser. The valves are usually in the basement, so while they are driving you will need to find the keys (if the basement is locked).
If the source is obvious and it is in the apartment above you (some plumbing fixtures are damaged, they forgot to turn off the tap, etc.), everything is more or less simple. Shut off the valves at the entrance to the emergency apartment. The owners of this apartment must compensate for the losses. If the neighbors have a riser torn or they are dry, and you have a flood (the risers in the ceilings have broken), in this case the Criminal Code is to blame - they are responsible for the state of the common house networks and they will compensate for the losses.
In a situation where the apartment above you is rented, there may be options. If the flood occurred due to negligence in handling equipment or plumbing equipment (they forgot to turn off the tap, the washing machine broke down, etc.), the tenants of the apartment are to blame and they bear the costs. If the systems in the apartment are damaged - a pipe has leaked (not a riser, but a branch) or a heating radiator, then the owner of the apartment is to blame and he will compensate for the damage.
While the representatives of the Criminal Code are getting there, it is necessary to determine which of the systems was damaged and take measures to turn it off. Easier to determine by the temperature and quality of the water. Cold water - the cold water supply system is damaged, hot water - it can be either hot water supply or heating.
If the emergency service is not available, you will have to make a decision yourself and look for where to turn off the water. But in this case, you are fully responsible for your actions. If something breaks as a result of your actions, you will be required to pay for the restoration.
We document damage
If neighbors are flooded, the first thing you want to do is to immediately eliminate the consequences of the flood. The impulse is understandable, but wrong.
Taking photos and filming
First of all, it is necessary to immediately record the consequences of the flood in all its glory. This can be done using a photo or video shooting, or better, both. The pictures are accepted in court as evidence and help assess the damage. Naturally, the pictures should be without any processing. Ideally, they should be made on film rather than electronic media. Although today it is so rare that it is strange to talk about such photo-video cameras. But maybe someone has such copies, and so, let them work.
We draw up an act of damage
At the same time, you need to find neighboring witnesses who will sign the papers and confirm the presence and amount of damage in court. Representatives of the Criminal Code should come within three days.With them, witnesses and the tenants living in the apartment above, you draw up an act of damage caused. There is a single sample and it should be among the employees of the management company.
In the act, it is required to prescribe in detail all the consequences: streaks on the walls, ceiling, swelling of furniture, floors, wet and swollen cabinets, breakdown of wet walls by electrics, if there is a short circuit in the wiring, and all other details. Please note that all signers must fill in their full first and last names. Where the witnesses will sign, in the column "position", write the tenants of apartment number ..., then the list and date are put.
You need to notify the perpetrator of the damage about the date of arrival of representatives of the Criminal Code. Moreover, the notification must be documented. The easiest way today is by telegram or letter with notification. Naturally, you need to make a copy, keep the payment receipt. The culprit may not come for an examination, the main thing is to have proof on hand that you notified him.
When should this document be drawn up? Preferably on the day of the flood, it is allowed - the next day. The deadline is three days. The act is drawn up in triplicate. The first remains with the owners of the damaged apartment, the second - with the perpetrators of the flood, the third - with the representatives of the Criminal Code.
If you still did not wait for the representatives of the house management (we advise, in addition to calling immediately after the incident, to enter and register a written statement, then they will come for sure), draw up an act approximately, putting down the date, exact time, circumstances and amount of damage. This act is signed by witnesses and apartment owners.
List of damages and estimates for repairs (defective statement)
This is the most controversial point. If you are flooded by neighbors from above, all damage can be described and assessed on your own. The drawn up document must be written in two copies. It must, in the presence of witnesses, be signed by the person guilty of causing damage. The difficulties are obvious - if you are not a builder, you are unlikely to be able to accurately assess the extent of damage and the work required to restore.
It is better to cope with this independent examination. Such services are provided by private and state contractors, they cost about $ 200-300. They can also be included in the damage restoration cost estimate, so they won't cost you anything. Only such documents are considered in court. So if you are planning to recover damages caused by flooding through the courts, contact the appraisers.
Another reason for this decision. Since damage assessment is the profession of such specialists, they will find damage that you will not pay attention to. As a result of their inspection, the amount of refurbishment usually significantly exceeds your estimates. Often even at times.
Damage compensation methods
If you are flooded by neighbors from above, there are two ways to resolve the conflict - through an agreement with the culprit or through the court. Which court to file with depends on the amount of damage. If it is up to 50 thousand rubles, you need to go to the magistrate's court. Here the chance of winning the case is not very high, but it is there.
If the damage is more than 50 thousand, they file a claim with the district court. Here the chances of success are much greater. Only for this, all documents must be executed correctly. Then, most likely, the decision will be positive. In addition, you can demand not only coverage of repair costs, but also moral costs. It is difficult to assess them, but you can enter them.
The second way is an agreement with the culprit.If you come to speak with the deed and the appraisal sheet, they will most likely agree to pay you the cost of the repair. If you are not sure that the promise will be fulfilled, the presence of a witness is desirable. In general, the situation in this case is precarious - one has to rely on words, since a written agreement in such a situation is not drawn up. If the culprit of the flood has agreed to compensate you for the damage, you can proceed with the repair. If not, go to court, but nothing can be done during the trial.
What is needed when going to court? Copies of the flooding act and the defective statement, copies of documents confirming property rights or a social employment contract, a statement of claim (to be filled out in court), an estimate of refurbishment (contact a construction company).
If you are flooded by neighbors, but the Criminal Code is the culprit, all the same documents will be required. Only during their registration it is necessary to trace what is written in the column "possible reason". They answer if the flood occurred as a result of damage to common house networks - water supply and heating risers, if the flood occurred as a result of a leak on the roof, etc. This should be reflected in the act. Be persistent, if the act is executed with errors, you will not win the court. Even documents may not be accepted.
How to make the procedure easier
Since no one in a multi-storey building is guaranteed against flooding, it makes sense to insure an apartment against such troubles. If you are going to do a major renovation, it makes sense to do it. Compared to the costs, the amount of insurance will seem insignificant, but if after the conclusion of the contract you are flooded by neighbors from above, all you need to do is call the insurance company. They perform all subsequent actions themselves. Only when signing the papers, read them carefully - so that there are no surprises.
Very helpful article. Thanks for the information!
When my washing machine broke down, it flooded my neighbors .. There were a lot of problems.
I had to carry the machine for repair, it's still good that I didn't have to buy a new one!))