Tenants flooded their neighbors: who should pay, who will compensate for the damage, what to do, who is responsible

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Basic provisions, an algorithm of actions, some features related to the question of what to do if the residents of a rented apartment flooded other neighbors - more on this and more below.

How to identify the culprit of the flood?

Those affected by the flood contact the owner of the apartment with a claim, to which he counters that:

• does not live in this house;
• the property is transferred under a lease agreement to other persons;
• make all claims to them.

There is a certain logic in this; it is valid when answering the question: if tenants flood their neighbors, who should pay? But subject to several requirements. First, the owner of the apartment, before renting it out, fulfilled his duties, which are assigned to him in clause 2 of Article 676 of the Civil Code of the Russian Federation, namely:

• Carry out the required operation of the real estate owned by him;
• Provides necessary utilities;
• Conducted routine repairs of property owned by common rights to all residents of an apartment building and equipment that provides access to utilities, which is located in the apartment.

A tenant, concluding an agreement for the sublease of residential premises, in accordance with the provisions of Article 678 of the Civil Code of the Russian Federation is obliged:

• Use premises for living;
• Maintain the apartment and its communications in good condition.

On this basis, the culprit is determined based on the following:

1. The condition of equipment and machinery upon transfer to the employer.
2. Flooding is a consequence of a malfunction or improper operation.
3. The presence in the terms of the agreement between the owner and the tenant of clauses that define the responsibilities for the maintenance and servicing of the washing machine, taps, pipes, etc.

The peculiarity of the consideration in court of disputes related to the flooding of housing by tenants is that it is the apartment owners who are considered to be the culprit, and not the tenants.

Housing sublease agreements are often drawn up in a formulaic manner, without taking into account the nuances that may arise in the future. The owners do not strive to comply with the requirements of Article 676 of the Civil Code of the Russian Federation and bring the apartment into proper condition, and most importantly, document it. Therefore, it will be difficult to file a claim against the tenant in the event of a flood.

You can read more about responsibility for flooding an apartment here.

Determining those who compensate for the damage

Dealing with tenants is a matter for the owner. Affected residents are not required to know who lives above, whether the apartment is rented or whether the owners live in it. Moreover, according to the provisions of Articles 210 of the Civil Code of the Russian Federation and 30 of the Housing Code of the Russian Federation, the owner has the obligation to:

1. Maintain your home in good condition.
2. Prevent mishandling of it.
3. Do not violate the rights and interests of other residents of the house.

However, if tenants flood their neighbors, who should pay for the damage? They can address all claims of affected neighbors to the owner of the apartment . He is responsible for the condition of his property. Exception - these responsibilities are transferred under the contract to other persons.

Therefore, owners of flooded apartments will address all claims to the owner of the home where the leak is coming from. They will:

1. Take measures to stop the flooding (notify neighbors, management company or housing office, emergency service).
2. Require utility workers to draw up an apartment inspection report after the flood;
3. File a claim with the culprit.
4. If you refuse to voluntarily settle the dispute, call a damage assessment expert and get his report.
5. Draw up and file a claim in court.

For those whose apartments are insured, paragraph one is added by informing the insurer, and then:

1. The apartment is provided to a specialist from the insurance company, who conducts an examination and presents the result of the assessment of the damage caused.
2. If the company’s expertise raises doubts about its objectivity, an independent assessment of the harm caused is ordered.
3. An application for payment of the insured amount is drawn up and sent to the insurer, to which an act, policy, and expert report are attached.
4. If the company does not pay the money in full or refuses to pay, a statement of claim is filed.

We consider different situations

According to inexorable logic, if the tenants are flooded, the responsibility lies with the owner of the property, who, by way of recourse, if he has drawn up an appropriate agreement, can make claims to the tenant.

But first you need to determine whether the breakdown that caused the leak falls within the competence of the residents or whether the utility service is responsible for it. The latter is responsible for the serviceability of communications, units and mechanisms that:

• Are not located in residents' apartments;
• They are located in apartments, but the housing office or management company (heating radiators) is responsible for their serviceability.

Poor waterproofing of external walls, ceilings, leaky roofs, rotten pipes, passages, etc. - Utility workers are responsible for all this. If the cause of the flood lies in this, the management company or housing office is recognized as the culprit.

In other cases, when tenants are flooded, compensation for damage must be demanded from the owner of the property. In the course of drawing up documents and correspondence with the owner of the apartment from which the leak began, the true culprit will be found. As a last resort, the defendant will present documents at trial that indicate that:

• He has an agreement with the tenants;
• On the day of the incident they lived in the apartment;
• The leak occurred due to improper use of the equipment, and therefore the fault lies with the employer.

If the relationship is not formalized

The absence of an agreement between the tenants and the owner of the apartment in the event of some incident is a problem for the owner . As stated above, he is the one responsible for his property. The answer to the question, if tenants flood their neighbors, who pays for the damage depends on:

• On the presence or absence of an agreement between tenants and the owner;
• The accuracy of the document.

He can shift his responsibilities only according to a document , the drafting of which will lead to legal consequences. In the situation under consideration, such a document is a contract.

The absence of such an agreement means that the owner will be solely responsible for the bay. The responsibility to compensate for the damage caused to neighbors lies solely with him. This once again proves that saving 10-40% of the rent that you have to pay as tax can result in large financial losses.

What to do if you paid for your tenants?

The owner can independently compensate for the damage caused, even if it was flooded by the tenants. The motivation varies - from the reluctance to quarrel with neighbors to the intention not to attract attention to the fact of renting out the apartment. He can compensate for financial losses:

1. Through the tenants, demanding that they pay the amount compensated to their neighbors.
2. The requirement is raised in accordance with the recourse procedure provided for in Article 1081 of the Civil Code of the Russian Federation.

If tenants refuse to pay, they will have to go to court. But here the owner can expect trouble - refusal to satisfy the claim. Several factors lead to this:

1. The contract does not define clear responsibilities of employers.
2. The fact of the bay has not been thoroughly documented.
3. The damage assessment was not carried out by an expert.

The owner who voluntarily paid the neighbors finds himself in the same situation as the victims of the flood until they receive compensation for the damage caused. That is, he must go through the entire algorithm of actions, just like the victims of the flood .

But exactly the opposite happens. Having paid the flooded tenants, received a receipt from them or drawn up an agreement and transferred money under it, the person makes demands on the tenants. The fact that the owner, on his own initiative, transferred money to neighbors for something is not yet a reason to compensate him for all costs.

Sequence of actions in such cases:

1. Drawing up an act on the bay.
2. Carrying out an examination.
3. Submitting a claim by neighbors with the first two documents attached.
4. Satisfying the requirements.
5. Presentation of regressive demands to tenants.

Each of these points has its own characteristics. For example, both when drawing up the act and during the examination, the culprits must be present, i.e. employers. You will have to invite them (including in writing), and document their refusal.

These actions make sense if there is a correctly drawn up agreement, according to which the responsibilities for the maintenance and operation of the property located in the owner’s apartment are transferred from him to the tenants.

No contract - no obligations, compensation is paid at the expense of the owner of the property; they cannot be reimbursed by way of recourse. All that remains is to calculate the losses from savings on legal services when drawing up a real estate lease agreement.

Useful video

Conclusion

The expansion of the circle of persons associated with the flooding of the apartment complicates the process of compensation for losses. It is especially difficult for owners when contracts are drawn up incorrectly. Even with a normal agreement, shifting responsibility to the tenants in court is not easy.

The absence of such a document leaves the owner completely alone with the victims. In such a situation, if the tenants flooded their neighbors, who will compensate for the damage is a negative question for the owner. Financial responsibility falls entirely on him.

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NOTE!

• Due to constant changes in laws, information is often out of date;
• General information does not guarantee a successful solution to the problems encountered.

In this regard, FREE legal consultants work for you! Call the hotline: 8 (800) 550-74-53. Author of the article

Migrelova Anastasia Pavlovna

Practicing lawyer in the field of housing relations. More than 7 years of successful practice in disputes related to privatization, premises flooding and real estate transactions.

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Tenants flooded their neighbors - who should pay if the heating riser (pipe) burst, who is to blame and will compensate for the damage?

When renting out an apartment, you cannot be completely sure that the tenants will live quietly, neatly and will not damage any of the things or furniture provided to them.

The situation becomes especially unpleasant when tenants cause harm to neighbors by flooding them.

This article describes in what cases people who rent an apartment are to blame for a flood, and how to hold them accountable for this.

A pipe burst: who should pay?

Pipe bursts in old apartment buildings are a common occurrence. Responsibility for the consequences in the form of damage to property in your apartment and wet ceilings of your neighbors depends on each specific case. This especially applies to situations where tenants used the water supply.

If a person owns a non-privatized apartment, then according to Article 179 of the Housing Code, he is obliged to ensure the safety of technical equipment and residential premises.

The lessor, in turn, under Article 176 of the Housing Code, undertakes to ensure timely maintenance and continuous operation of engineering equipment.

For these purposes, the organization enters into an agreement with the Housing Office, transferring responsibility to them.

If tenants rent an apartment that is privately owned, then the landlord is responsible for this apartment. According to Article 210 of the Civil Code of the Russian Federation, he is obliged to maintain the property belonging to him.

Attention! The owner is responsible for the pipes in the apartment; the common pipe in the entrance is maintained by the housing office.

Based on Article 21 of the Law on Housing and Communal Services, the owner needs to provide access to engineering equipment twice a year during scheduled inspections. In case of failure, if malfunctions or breakthroughs occur, he also becomes to blame.

In what cases are the tenants to blame?

Guilt for flooding neighbors by tenants arises if this event occurred as a result of their direct actions.

Possible options:

• forgot to turn off the water in the bathroom or kitchen;
• touched a faucet or pipe, damaging it, which led to a leak;
• The washing machine was used incorrectly, causing water to leak out of it.

In these cases, the people renting the apartment are to blame, and it is they who compensate the neighbors for damages. Since Article 1064 of the Civil Code of the Russian Federation states that the person who caused this harm is obliged to compensate for damage caused to property or person.

However, a break in the riser, or a breakdown of the faucet due to its obsolescence and untimely replacement, exempts tenants from compensation. In the first case, the flooding of the neighbors was due to the fault of the housing office, and in the second, due to the fault of the apartment owner.

What to do if you refuse to pay compensation?

The possibility of holding tenants liable for a neighbor's flood depends on whether a rental agreement was concluded with them. If they paid in cash, and the fact of residence was not confirmed by anything, then it is practically impossible to force them to compensate for the damage. This requires strong evidence of their involvement.

If you have a lease agreement, you need to pay the damages demanded by your neighbors . After this, through the court, on the basis of Article 1081 of the Civil Code of the Russian Federation “Right of recourse to the person who caused the harm,” request the tenants to compensate your costs.

We rent an apartment and our neighbors are flooded, what should we do?

How can you not pay anything if your neighbors in a rented apartment are flooded?

I revised this article more than five times, and each time I found something new that I definitely wanted to tell you. Therefore, the text turned out to be voluminous and requires some mental effort to master. To make it easier to understand, I have compiled a small table of contents that will allow you to go to any place in the article.

• It is not necessary to read the texts of court decisions; you can immediately proceed to the conclusions and instructions.
• Who is responsible for the apartment?
• Two decisions are not in favor of the tenants.
• Three decisions in favor of tenants.
• Conclusions from judicial practice.
• Instructions: “We are renting an apartment, our neighbors are flooded, what should we do?”

If you flood your neighbors in a rented apartment, this is not a reason to fall into despair. It's never too late to pay money.

I will tell you who will pay the money in any case, and who will be able to avoid responsibility.

In many ways, the answer to the question “ We flooded our neighbors in a rented apartment, who will be responsible?” “, depends on the specific situation. I'll try to look at them all.

First, a little theory, bear with me.

The apartment must have an owner. They can be a citizen, legal entity, government or local government.

1. Regardless of who is the owner of the apartment, he is obliged to comply with the requirements established by Article 30 of the Housing Code of the Russian Federation and Article 210 of the Civil Code of the Russian Federation.
2. The owner of a residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, and to respect the rights and legitimate interests of neighbors,
3. The owner bears the burden of maintaining the property owned by him, unless otherwise provided by law or contract.
4. And the most important provision of the law that interests us is Article 1064 of the Civil Code of the Russian Federation.
5. In accordance with it, harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm .

What do the listed standards have to do with compensation for damage caused by flooding of an apartment? The most direct!

If a neighbor's apartment is flooded, the responsibility to compensate for the damage caused by the flooding will be assigned to the owner of the apartment from which the flooding occurred.

Thus, if you rent an apartment and flood your neighbors , then the owner of the apartment - your landlord - is obliged to compensate them for the damage. However, this does not mean that the owner is helpless in relation to his tenant.

Secondly, the owner of the apartment may demand from the tenants who flooded their neighbors compensation for the costs they incurred. That is, the funds actually paid by him. This possibility is provided for in Article 1081 of the Civil Code of the Russian Federation and is called a recourse claim .

• Let’s finish with the theory and move on to examples of how issues of recovering damage from flooding from tenants are resolved in practice.
• First, two decisions that were not made in favor of the tenants:
• 1) The Supreme Court of the Kabardino-Balkarian Republic, in an appeal ruling in case No. 33-892/2012 dated August 16, 2012, released the owner of the apartment that flooded the neighbors from liability and imposed the obligation to compensate the damage on the tenants.
• According to the court, in addition to the amount of damage caused to the injured party by the flooding, the plaintiff must prove, and the court must establish, that the defendant is the direct cause of the damage or the person obligated by law to compensate for the damage.
• The court considered that the case materials did not contain evidence indicating that the owner was the direct cause of damage from flooding.
• And the norms of housing legislation, in themselves, are not a law that imposes the obligation to compensate for harm on a person who is not the causer.
• As a result, the apartment owner was released from the obligation to compensate for damage caused by flooding.

I do not know whether the present appeal ruling has been appealed to higher authorities. It is also worth noting that this is the only judicial act known to me that completely exempts the apartment owner from liability for flooding. However, this does not mean that other similar solutions do not exist; perhaps I was just looking poorly.

1. If you have similar decisions, send them, I will be grateful for links or judicial acts.
2. 2) The Moscow City Court, in an appeal ruling in case No. 11-5666 dated March 12, 2013, established the obligation of the apartment owner to compensate for damage from flooding, but established that responsibility for compensation for damage caused by floods should be assigned to the owner of the residential premises on which bears the burden of maintaining his property.
3. At the same time, the defendant is not deprived of the right to bring a claim in court for compensation for the damage caused to him by way of recourse to a third party, through whose fault, as the defendant believes, the heating system battery ruptured.
4. This is an example of a situation where the owner of an apartment can present a claim to his tenant for compensation for expenses incurred by him.

The main condition is that the costs must actually be borne by the owner. A court decision alone is not enough to make recourse claims against tenants.

• Now we move on to solutions when tenants flooded their neighbors, but were released from liability.
• 1) The Vologda Regional Court in its appeal ruling dated July 26, 2013 in case No. 33-3445/2013 took the following position:
• A rental agreement was signed between the tenant and the landlord, according to which the responsibility for maintaining plumbing equipment in good condition and carrying out routine repairs was assigned to the tenant.
• The flooding occurred as a result of a break in the flexible hose to the toilet.
• Despite the concluded agreement, the court concluded that, in accordance with paragraph 2 of Article 676 of the Civil Code of the Russian Federation, the landlord is obliged to properly operate the residential building in which the rented residential premises are located, to provide or ensure the provision of necessary utilities to the tenant for a fee, and to ensure that repairs are carried out common property of an apartment building and devices for the provision of public services located in the residential premises.

The plaintiffs did not provide evidence of X.’s violation of the terms of the commercial lease agreement; the owners of the apartment, in violation of the agreement, did not check the readiness of the sanitary and other equipment located in the residential premises for the winter period of operation.

1. The fault of the owners of the apartment in the bay of premises was established.
2. Thus, even the existence of a rental agreement , the terms of which impose responsibility on the tenant for the good condition of sanitary equipment, does not relieve the apartment owner from liability for compensation for damage.
3. 2) The Krasnoyarsk Regional Court in its appeal ruling dated October 10, 2012 in case No. 33-8797/2012 established:
4. The apartment was flooded due to a break in the hose leading to the washing machine.
5. The owner of the apartment reimbursed the costs to those affected by the flooding and filed a claim against the tenant for compensation through recourse.
6. The court decision established that the cause of the flooding was a rupture of the hose supplying water to the automatic washing machine installed in the apartment.

The court also found that, according to the rental agreement, P. hired T.K.M. 2-room apartment. According to the acceptance certificate included in the text of the agreement, P. transferred for temporary use to T.K.M. an apartment and some property, including a washing machine.

The provisions of this rental agreement indicate the obligation of the tenant to maintain the premises in order and to carry out routine repairs in a timely manner. At the same time, the tenant’s obligations in relation to other property transferred for temporary use were not specified.

From the systemic interpretation of these rules of substantive law, it follows that the owner of the property - the lessor - has the obligation to monitor the serviceability of the property belonging to him and should be held liable for damage caused to other persons as a result of the malfunction of his property, if the lease agreement does not assign this obligation to the tenant .

In view of the above, taking into account that the owner of the washing machine is the plaintiff, at the time of concluding the lease agreement, she, as the lessor, did not supply T.K.M.

being aware of the faulty condition of the water supply system of the automatic washing machine (flexible hose), and according to the conclusions of the expert’s opinion, the destruction of the flexible hose submitted for examination occurred due to its physical wear and tear (aging of the material), the judicial panel finds correct the conclusion of the trial court that that the plaintiff’s losses were the result of improper performance of her own duties as the owner of the residential premises to maintain the sanitary equipment of her apartment in good condition and the responsibility for compensating them lies with her.

From this decision, we can confidently conclude that the owner of the apartment is obliged to maintain in good order any property in the apartment , including household appliances.

3) The Supreme Court of the Russian Federation , in its ruling dated April 22, 2014. No. 74-KG13-11, made the following conclusions.

The court of first instance, taking into account the norms of Art. 210 Civil Code of the Russian Federation and Art.

30 of the Housing Code of the Russian Federation rightfully imposed responsibility for compensation for damage caused on the defendants, who, as the owners of the residential premises, were obliged to monitor the equipment located in it, maintain it in a condition that precluded causing harm to other persons, on the basis of which it recovered from the defendants - owners of the residential premises the cost of restoration renovation of the plaintiff's apartment.

The appeal court's reference in support of the denial of the claim to the fact that responsibility for the improper use of intra-apartment equipment in accordance with the terms of the apartment lease agreement should have been borne by the apartment tenant who assumed obligations under the lease agreement, the Judicial Panel recognizes as untenable, since it is based on incorrect application of substantive law to disputed relations between the parties.

In accordance with Art. 671 of the Civil Code of the Russian Federation, a rental agreement (tenancy) of residential premises, the parties to which are the lessor (lessor) - the owner of the residential premises or a person authorized by him and the tenant (tenant) - a citizen who independently or with other citizens uses the residential premises for living, regulates the relationship between the lessor and tenant.

This agreement does not create rights and obligations for other (third) persons who are not subjects of the lease agreement for residential premises.

From the contents of paragraph 4 of Art. 687 of the Civil Code of the Russian Federation it follows that it is the landlord of the residential premises who is responsible for the actions of the tenant or other citizens sharing the residential premises with him .

First paragraph of Art. 678 of the Civil Code of the Russian Federation contains a rule defining the obligation of the tenant of residential premises to ensure the safety of residential premises and maintain them in proper condition.

However, such an obligation of the tenant of a residential premises cannot in itself be a basis for releasing apartment owners from fulfilling the obligations imposed on them by law to maintain their property in proper condition and respect the rights and legitimate interests of neighbors, and in the event of damage to third parties, it cannot also be the basis for releasing owners from liability for failure to provide such maintenance.

I think that comments are unnecessary. Judicial practice generally places the responsibility for compensation for damage from flooding on the owner of the apartment, and not on the tenants. Reverse solutions are rather exceptions to the rule.

In a situation where the question is being resolved: “ We flooded our neighbors in a rented apartment, who will be responsible?” “, this position of the legislator inspires some optimism.

Conclusions from judicial practice if you flood your neighbors:

• Responsibility for damage caused by flooding is assigned by law to the owner of the apartment
• The owner can avoid liability if he proves that he is not to blame for the flooding
• The owner can compensate for the costs that he actually incurred to compensate for damage from flooding by filing recourse claims against the tenants
• Tenants will compensate for damage caused by flooding only if it is proven that they are at fault for the flooding
• The mere existence of a rental agreement containing a condition on the tenant’s obligation to compensate for damage caused to third parties is not a basis for collecting money from the tenant
• Responsibility for the serviceability of equipment and appliances in a rental apartment rests with the owner

So, we’re done with theory and judicial practice, let’s move on to the instructions.

Instructions: “We are renting an apartment, our neighbors are flooded, what should we do?”

Point 1. Remember that money can only be recovered from you based on a court decision. Contact a lawyer.

Point 2. If you rent an apartment without a rental agreement, pay in cash and do not pay utility bills on your own behalf, then the likelihood of recovering damage from flooding from you tends to zero.

Point 3. If you rent an apartment under a contract, then remember that not all of its contents are the ultimate truth and can often be challenged in court. Don't be confused or intimidated by unsubstantiated statements. Re-read point 1.

Point 4. Read the flood report. Read carefully what reason for the flooding is indicated. If you do not agree with what is stated in the document, request the opportunity to make a record of it.

Point 5: Critically evaluate the cause of the flooding. Think about whether it is your fault. In other words: did the flooding occur as a result of your actions or independently of them?

Point 6. If there is the slightest doubt about your own guilt, refuse to voluntarily compensate for the damage. Re-read point 1.

Point 7. If you decide to compensate for damage from flooding voluntarily, receive a receipt stating that the claims against you have been exhausted.

Let me finish here. If you have any questions or need clarification, please contact me.

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If your tenant burned or “flooded his neighbors,” what should you do? from whom to recover damages

Article published: 2017-03-27 10:24:41 +0300 MSK

According to the general rule of the legislation of the Russian Federation, it follows that the person who caused the harm is obliged to compensate it in full. Everything seems simple and clear. If the responsibility is assigned to the person who caused the damage, then the tenants are obliged to compensate for the cost of the damage. However, this conclusion is superficial and premature.

• The civil legislation of the Russian Federation in the field of rental agreements establishes that the landlord is obliged to ensure the provision of utility services to the tenant and to repair devices located in the residential premises for the provision of utility services.
• But the conclusion about the obligation to pay the owner will be incorrect.
• It is very important to determine the cause of what happened when distinguishing between the fault of the employer or the lessor!

If the flooding of neighbors occurred due to a break, for example, of a riser, then the blame for what happened will be placed on the organization servicing the house, due to the fact that the riser is considered common property and the organization - the management company - should have been responsible for its timely replacement. In such a case, all affected residents must write a collective statement addressed to the company serving the building.

If the residential premises are used under a rental agreement, it is also necessary to understand the cause of the flooding.

In accordance with the legislation of the Russian Federation, the owner must pay for major repairs, and the responsibility of the tenant is to carry out routine repairs.

1. If the lease agreement imposes the obligation on the tenant to maintain devices for the provision of utility services, then the responsibility will be borne by the tenant (tenant).
2. If the tenant’s guilt in the damage caused is established and the owner of the premises voluntarily compensates the damage to the victim(s), then the owner acquires the right to demand the amount paid from the tenant by way of recourse.
3. To resolve such problems, it is recommended to contact professionals - law firms, as an example - the law firm "LIK", from where competent lawyers will provide legal advice on any legal aspects of relationships with neighbors, tenants, landlords, challenging disputes on these issues in court, and will also provide legal assistance on other issues in the field of legal relations with tenants.

Most often, such cases are resolved by going to court. In order to claim compensation in court for the amount of damage, it will be necessary to prove the fact of causing damage. Such evidence may be:

• rental agreement;
• bay act;
• photographs of the “flooded” room;
• expert opinion;
• payment document confirming payment of the amount of damage;
• agreement on voluntary repayment of the amount of damage;
• receipt.

Establishing the amount of funds necessary to compensate the injured party occurs through an assessment of the damage.

There are several ways to assess and compensate for damage caused by flooding of an apartment:

• by mutual agreement of the parties, about which it is necessary to draw up an act in which the agreed amount of damage that suits both parties will be recorded. You can also work with your neighbor to determine the amount of materials needed to restore the property. Afterwards, purchase all this in stores at your own expense and pay for the cost of repair work in the apartment.
• in case of disagreement, by conducting an independent examination. In cases where it is not possible to reach an agreement with the injured party, the neighbors' losses are assessed by calling an independent expert. His services can be paid either jointly or by one of the parties (this is decided by the parties to the conflict). Payment is made based on the expert's opinion.

If one of the parties does not agree with the specialist’s decision, it may require additional examination or consideration of the case in court. The court can resolve the existing conflict on the basis of the documents provided: photographs of the damaged apartment, testimony of witnesses, a drawn up report, and other evidence. The court may also order a forensic examination.

In case of damage caused by fire, the situation is resolved in the same way as in case of flooding.

First, the cause of the fire is determined and those responsible are identified. In this case, you, as the owner, have the right to file a claim in court to recover damages caused through civil proceedings.

But in this case, you need to provide evidence to the court that the apartment was burned down by the tenants, and in general, that they lived there. In the absence of a rental agreement, this is quite problematic. It is necessary to enlist the support of neighbors who will be able to testify in court.

It will be necessary to search for some other evidence of tenants living in the rented apartment.

As a rule, based on standard rental agreements, tenants are usually required to compensate for damage caused by them while living in the apartment. Money for repairs to neighbors’ apartments should also be demanded from the tenant. If the tenants voluntarily refuse to compensate for the damage caused, then the only legal way for you will be to go to court.

To demand compensation through the court, you need to submit to the court documents regarding the fire, in addition to similar ones in case of flooding, namely:

1. accident scene inspection report, 
2. a resolution to refuse to initiate a criminal case in which the culprit of the fire will be identified.

However, the best, but not always possible and feasible, would be to resolve the consequences of harm by mutual agreement that suits all parties!

Employees of Legal Company "LIK" LLC (300028, Russian Federation, Tula, Sedova St., 7, second floor, office 206, https://www.yuristlic.ru, E-mail: [email protected] Tel: +7 (4872) 33-74-65, +7 (930) 895-55-35, +7 (920) 797-00-70) will provide you with full assistance and assistance in resolving these difficult issues (from consultation to full legal support, including in court). Serious question!!! Trust the professionals!!!

Who will pay for repairs if tenants flood their neighbors?

Many people rent out their apartments.

But tenants do not always treat other people's property responsibly. They can ruin your furniture, break plumbing, and even damage the property of residents of neighboring apartments. What to do if your tenants cause damage to your neighbors?

Who is responsible for the actions of tenants?

At first glance, everything seems simple - the one who caused it is obliged to compensate for the damage. The law says this.

Following this logic, the guilty tenants are obliged to compensate their neighbors for the entire cost of property damage. But this conclusion will not always be true.

Often, compensation for damage falls on the owner of the apartment.

According to the law, responsibility for plumbing and other communications in the apartment lies with the owner. Therefore, he is obliged to carry out timely repairs and maintenance of engineering equipment, maintaining the premises in a suitable condition for habitation.

To establish who is at fault, it is necessary to find out all the circumstances of the incident:

• if the tenant decided to soak in the bathtub, opened the taps and flooded the neighbors - the fault lies with the tenant;
• If an old faucet breaks or a pipe leaks and needs replacing for a long time, the owner will have to pay for the damage. But there is one nuance here - if the flood occurred due to improper use of plumbing, the employer bears responsibility.

The main thing is to determine the cause of the flooding.

Some lease agreements contain a provision that the responsibility for maintaining the facilities for providing utilities rests with the tenant. Then you won’t have to look for the culprit for long.

How is the amount of damage calculated?

It is calculated using expertise. There are two ways to assess and compensate for damage:

1. By mutual agreement of the parties

In this case, an act is drawn up, which states an amount that suits both parties. There is another option - together with your neighbor, draw up a rough list of materials needed to restore damaged property. The person responsible for the accident purchases all materials at his own expense. He also pays the cost of repair work.

1. With the help of independent expertise

This method is suitable in case of disagreement regarding the amount of compensation. Expert services can be paid either jointly or by one of the parties. Payment is made based on the conclusion received.

Carrying out an examination is a necessary procedure for assessing damage.

If one of the parties does not agree with the expert’s decision, it may demand an additional examination or file a lawsuit.

If the employer’s guilt is proven, but he does not want to compensate for the damage voluntarily, he will first have to pay the neighbors for the damage from his own pocket, and then recover this amount from the culprit through the court. This collection procedure is called recourse.

If the tenant does not want to compensate for the damage, he will have to pay for it.

What documents should I take with me to court?

First of all, you need to provide evidence that the employer caused damage. Proper confirmation will be:

• bay act;
• residential lease agreement;
• conclusion of an independent examination;
• a document confirming the fact of payment for damage to affected neighbors;
• an agreement or receipt from the defendant to voluntarily pay the amount of damage.

If you have any questions, we recommend that you contact our lawyers for advice.

Tenants flood neighbors and refuse to compensate for damage - Legal advice

1. Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm (clause 1 of Article 1064 of the Civil Code of the Russian Federation).

In this case, the owner bears the burden of maintaining the property belonging to him, unless otherwise provided by law or agreement (Article 210 of the Civil Code of the Russian Federation).

In addition, he is obliged to maintain the premises in proper condition, preventing mismanagement of them, respect the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building (Part 4 of Article 30 of the Housing Code of the Russian Federation ).

In the case of the transfer of residential premises under a commercial lease agreement, the landlord is obliged to carry out proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of necessary utilities to the tenant for a fee, to ensure the repair of the common property of the apartment building and devices for the provision of public services, located in residential premises (clause 2 of article 676 of the Civil Code of the Russian Federation).

The tenant is obliged to use the residential premises only for living, ensure the safety of the residential premises and maintain it in proper condition (Article 678 of the Civil Code of the Russian Federation).

Thus, to determine the person responsible for the flooding of the apartment, it is necessary to establish: whether the washing machine was in good condition at the time of its transfer to the tenants for use, whether the leakage was a consequence of a malfunction or improper operation of the washing machine, whether the rental agreement between the owner and the tenant provides for distribution responsibilities for maintaining sanitary equipment, etc.

It should be noted that in practice, courts much more often find the owners of the rented premises guilty of causing damage to neighbors by flooding the apartment.

2. In accordance with Part 1 of Art. 56 of the Code of Civil Procedure of the Russian Federation, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.

The mere fact of an apartment being flooded cannot be evidence of material damage. The neighbor is obliged to present to the court evidence of damage to her property that is in direct causal connection with the flooding of the apartment.

At the same time, draining the apartment after some time does not prevent the establishment of the amount of damage caused and the reasons for its occurrence.

Tenants flooded neighbors, who should pay?

The title of the article is the most frequently asked question when renting an apartment, since recently residential premises are often rented out and tenants do not always treat the rented housing responsibly in the same way as its owners.

In this article we will answer this question and tell you about the procedure if you compensated the damage to your neighbors instead of your tenants.

Each case is unique and individual. Understanding the basics of the law is useful, but does not guarantee results. The possibility of a positive outcome depends on many factors.

As a general rule, the person who caused the harm is obliged to compensate it in full. It would seem that everything is simple, if the responsibility is assigned to the person who caused the harm, then the tenants are obliged to compensate for the cost of the damage. However, this conclusion is premature and superficial.

Civil legislation in the field of rental contracts establishes that the landlord is obliged to ensure the provision of utility services to the tenant and to repair devices located in the residential premises for the provision of utility services.

But the conclusion about the owner’s obligation to pay will be incorrect.

Important! To determine who is to blame, it is necessary to find out under what circumstances the flooding occurred and what contributed to the flooding.

If the tenant turned on the tap to fill the bath and forgot about it, as a result of which the bath overflowed and the water flooded the neighbors, then the fault certainly lies with the tenant.

If, for example, the mixer fails due to the expiration of its service life, then the fault lies with the lessor. However, if the breakthrough occurred due to improper operation, the employer will be responsible.

When distinguishing between the guilt of the tenant or the lessor, it is necessary to determine the cause of the incident.

In addition, there are often cases when the lease agreement imposes on the tenant the responsibility for maintaining devices for the provision of public services, then the responsibility will be borne by the tenant.

Important! If the tenant’s guilt in the damage caused is established and the owner of the premises voluntarily compensates the damage to the victim, then the owner acquires the right to demand the amount paid from the tenant by way of recourse.

Employers are often reluctant to accept such compensation, which is why they have to go to court. In court, you will need to prove the fact that the damage was caused by the employer, and you will need to reimburse the amount of damage . Such evidence may be:

• bay acts;
• rental agreement;
• expert opinion;
• payment document confirming payment of the amount of damage;
• agreement on voluntary repayment of the amount of damage;
• receipt.

In this article, we examined in which cases the fault of flooding in a rented apartment lies with the tenant, and in which with the landlord, and the procedure for voluntary compensation for damage to neighbors instead of tenants.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Tenants flooded the neighbors below, what to expect, how to behave in court? — Pravoved.RU

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Hello. I am the owner of the apartment. He let in a tenant under a rental agreement, a certain Sh...A.S. On the second day, he flooded the neighbors from the 5th to the 2nd floor. The tenant called the emergency service and warned me.

The technicians established that the culprit was Sh...A.S., because he opened the valve that bleeds air from the pipe of the heated towel rail (5th floor), and could not close it, while breaking the wing on the valve. A corresponding act has been drawn up.

But the lodger Sh...A.S. He doesn’t admit guilt, saying it wasn’t him, it was the pipe that burst. He moved out of the apartment very quickly. But I have all his passport details and his registration. He is not going to pay voluntarily, he wants to go through the courts.

The neighbors will file lawsuits, I also want to file a lawsuit against Sh...A.S.

We need your advice on how to act and what to expect in court.

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Lawyers' answers (3)

Dear Leonid!

The neighbors will file lawsuits, I also want to file a lawsuit against Sh... A.S. Leonid

Neighbors have the right to sue you as the owner of the apartment. You will have the right to bring a claim against Sh.A.S. either by way of recourse, or you can bring him to participate in court as a co-defendant.

In fact, according to the general rule of compensation for harm, the damage must be compensated by the direct cause of harm

• Civil Code of the Russian Federation Article 1064. General grounds for liability for causing harm
• 1. Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to full compensation
• volume by the person who caused the harm.

The neighbors will file lawsuits, I also want to file a lawsuit against Sh... A.S. Leonid

Good evening.

Leonid, unfortunately, all claims are brought against the owner of the residential premises, and you, in turn, can then recover by way of recourse the funds paid to the neighbors from the tenant. You can ask the tenant to be involved as a co-defendant by providing a rental agreement.

Civil Code of the Russian Federation Article 1081. Right of recourse to the person who caused harm1. A person who has compensated for damage caused by another person (an employee in the performance of official, official or other labor duties, a person driving a vehicle, etc.

), has the right of recourse (recourse) to this person in the amount of compensation paid, unless a different amount is established by law.2.

The causer of harm, who has jointly compensated for the harm caused, has the right to demand from each of the other causers of harm a share of the compensation paid to the victim in an amount corresponding to the degree of guilt of this causer of harm. If it is impossible to determine the degree of guilt, the shares are considered equal.

Hello.

According to Article 1064, damage is compensated to the one who caused it.

That is, if it is proven that it is him, you can demand it from him. However, your neighbors will most likely sue you. And then you will demand all this money from him yourself by way of recourse. (Article 1081 of the Civil Code)

Regarding the amount of damage, the neighbors will need to assess the cost - that is, they should not just take the amounts out of their heads. Please pay attention to this point if the amounts claimed are very large. The main evidence they have now is the act where his guilt is directly established. The opposite can only be proven by examination (but it’s unlikely there was a pipe break there)

Another problem is that you will then sue this tenant at his place of residence, since he will be your defendant later.