Claim for apartment flooding by neighbors - sample

Drawing up a document according to a sample claim for flooding by neighbors of an apartment may be necessary if, as a result of violation of the rules for the operation of residential premises in an apartment building, one of the owners caused material damage to the property of another property owner. Art.

1064 of the Civil Code of the Russian Federation provides for full compensation for material losses by the person guilty of causing harm.

Based on this, the injured party has the right to present a pre-trial claim to the person responsible for the flooding of the apartment for reimbursement of the costs necessary to repair the residential premises, for the purchase of damaged furniture and the costs of the services of an expert in drawing up a report confirming the actual damage.

Form and content of the complaint

This type of application is drawn up in a form that meets the requirements for the preparation of official documents. Although there is no strictly established pattern.

However, an arbitrary description of the essence of what happened still provides for a certain sequence of presentation of the most important aspects of the claim being made.

The approximate structure of a document addressed to unscrupulous neighboring residents is as follows:

1.  The exact information about the complainant must be provided. Enter: last name, first name and patronymic of the person making the claim. His address and contact numbers are also indicated.
2.  Below you will find the same information about the culprit behind the flood in the affected apartment.
3.  The exact date of the incident and its causes are recorded.
4.  After specifying the type of document (Claim), the nature of the damage is described in detail with mandatory documentary evidence (an inspection report by experts). It also emphasizes the legal norms on the basis of which claims for compensation for damage caused are made to the person responsible for flooding the apartment, provided for in Article 1064 of the Civil Code of the Russian Federation.
5.  Specific requirements for compensation for damage caused must be set out - the amount and specific period within which the culprit must respond to the claim. Usually the time for a response is no more than 10 days.
6.  An important part of a pre-trial claim is documentary evidence of the damages and expenses incurred. Without a flood report, assessment report, checks, receipts and photographs, the claims of the owner of the flooded apartment will not have legal force.

Attention! When making a pre-trial complaint, its originator has the right to include a demand for payment of legal expenses.

At the end, the signature of the claimant and the date of its preparation are placed.

If the flooding of a communal apartment was not due to the fault of a neighbor, but due to a faulty sewer system or a leaking roof, then the document is sent to the Management Company. In this situation, it is envisaged that the complaint will be considered according to the deadlines established in the management agreement.

Read also: Appealing the act of flooding an apartment

Where to get a sample

Competently filing a claim is the key to success and a guarantee that the individual responsible for the flooding will fully compensate for the losses. In the event of a flood due to the negligence of housing and communal services, the presence of a document also becomes the basis for recognition and compensation of harm.

Writing a claim yourself will not be difficult, following all the recommendations outlined above. However, in order not to miss the important structural elements of the document, which provide detailed information on the amount of damage caused and specific requirements for compensation, you can take a sample claim for flooding of an apartment by neighbors for 2023.

In addition, qualified lawyers provide assistance in filing a claim. Their consultation will not be superfluous if it is necessary to appeal to the courts in the event that the person responsible for the flood refuses to comply with the requirements presented to him.

The advisability of filing a claim is to guarantee compensation for damage caused to property. A positive result can be achieved if the document is correctly drawn up.

It will also be an advantage when considering a complaint in court.

Algorithm of actions for the owner of a flooded apartment

There is a certain procedure that must be followed to correctly prepare documents for flooding a residential premises.

The affected party takes the following steps:

•  The fact of damage to property is recorded. To do this, photographs are taken of the damage to the apartment and its furnishings. It is mandatory to invite other neighbors or representatives of the homeowners association as witnesses.
•  A report on damage caused by flooding is drawn up. This document is drawn up by the chief engineer of the management company or an independent expert in the presence of employees of the management company.
•  The damaged property is described in detail.
•  The act is drawn up in the presence of the injured and guilty parties. It is certified by their signatures in order to avoid subsequent contestation of the results by the person responsible for the damage.
•  After drawing up the report, an independent expert is invited to assess the amount of material damage caused.

Attention! After all stages have been completed, the owner of the damaged apartment can send a claim to the person responsible for the flooding. It is possible to immediately file a claim in court.

Procedure for serving a claim

Transferring a complaint to the culprit involves one of the options with the fulfillment of mandatory conditions. This:

1.  Handing the complaint in person. In this case, 2 copies of the claim are required. One of them requires the signature of the person at fault and the date of delivery.
2.  Sent by mail with receipt confirmation and a list of enclosed documents.
3.  Drawing up a written agreement that stipulates the terms of compensation for losses.

Read also the Act on the Bay of an Apartment: correct registration, sample

Ignoring the requirements by the guilty party becomes the basis for preparing a lawsuit in court. In this situation, a well-drafted claim document is accepted as evidence when considering a civil case in court.

Completion of all formalities establishing flooding and actual damage to property without inflating the demands on the perpetrator of the material loss will guarantee compensation for damage on a voluntary basis.

Sample claim for flooding of apartment by neighbors Link to main publication

Claim for apartment flooding to the management company (sample): compensation for damage caused by the fault of neighbors

Home / Bay / How is a claim for flooding an apartment made (sample attached)?

It is not necessary to take a flood damage dispute to a courtroom. You can also receive compensation out of court. A letter of claim for residential flooding is a tool with which this problem is solved.

Compensation for damage caused by neighbors or management company

Luxurious renovations, expensive parquet and furniture, suspended ceilings - all this and much more can be ruined in a few hours of flooding from above. The law establishes that the damage caused must be compensated in full (Article 1064 of the Civil Code of the Russian Federation). This means that the person responsible for the flooding is obliged to compensate for all the damage he caused.

You can do this:

• in a pre-trial manner;
• through consideration of a claim in court.

A claim for compensation for damage caused by flooding of an apartment is a tool that allows you to receive compensation in full without going to court.

It solves several problems at once, namely:

• Compensates for damage caused by the gulf in a pre-trial manner;
• Records the actions of the guilty party, collects additional evidence of his guilt in court;
• Exerts psychological pressure on the other side, encourages it to meet the injured party halfway, to look for a compromise solution so as not to bring the case to court.

A claim for flooding of an apartment due to the fault of neighbors or the management company performs the same tasks in both cases. This document, together with the act of the flood, records:

1. Date and place of incident.
2. Cause of flooding.
3. Guilty person.
4. Causality.

A claim for the gulf is drawn up and submitted directly by the affected person. The basis for it is an act drawn up by employees of the management company . But this is not necessary; the law does not limit the number of these documents in the event of a flood. Therefore, they can be sent:

1. Before drawing up the act - if the management company delays in drawing it up, the guilty person evades compensation for damage.
2. After drawing up a report that documents the incident and its culprit.
3. After conducting an examination, which gives an objective amount of damage.
4. After ordering legal services.
5. Before filing a claim in court.

At each of these stages, a claim for damages accordingly puts the culprit on notice:

• About the fact of the flood and the damage caused, its size according to the victims;
• About documenting the flood;
• About the amount of damage caused, which was established by the expert (and about the growing amount of compensation due to the cost of specialist services);
• And so on.

Pre-trial option in case of flooding

At every stage, until the claim is filed in court, both parties can find a compromise solution . It is beneficial for the victim and the perpetrator to receive compensation for the harm caused as quickly as possible, and for the perpetrator to avoid bringing the case to trial. A claim for flooding of an apartment due to the fault of neighbors is drawn up in such a way as to convince the person who caused the flood of the following:

• The victim is determined, the conflict situation will not go down the drain;
• Delaying the resolution of the dispute peacefully will lead to an increase in the amount of compensation;
• The fact of the incident, its causes and the person responsible is documented (or has already been documented);
• The amount of damage is determined with the help of an expert;
• Professional lawyers are involved in resolving the conflict.

Often, conflicts around apartment flooding and property damage end in nothing. Victims at the first stage face opposition :

1. Utility services that do not respond to calls, refuse to draw up a report, conduct a superficial inspection, and violate the rules and procedure for documenting a flood.
2. Those responsible for the flooding, who refuse to voluntarily compensate for the damage, who do not admit their guilt in whole or in part, are prevented from drawing up objective documents about the incident, and are being persuaded by their neighbors.
3. An insurance company that is interested in reducing the amount of compensation and is taking all measures to achieve this, using schemes that have been developed and improved over the years.

The influence of these parties at the first stage is aimed at making the victim imbued with the idea that he will not receive anything, he will have to restore the damage at his own expense.

The counterbalance to this is a claim for compensation for damage caused by flooding of the apartment. In addition to demonstrating determination to the other side and additionally documenting the fact of the flood, the document serves as some kind of guideline for the victim, indicating a new stage of action.

For example, if a statement on the gulf is sent before the act, its compiler has the following options :

1. Refuse further measures if the culprit agreed to the demands and compensated for the damage.
2. Call representatives of utility services if a neighbor refuses a constructive dialogue or directly states his unwillingness to pay for anything.

If a claim for flooding of an apartment due to the fault of neighbors is sent after drawing up a report, the injured person again has several options for action:

1. Termination of a dispute due to compensation by a neighbor for damages.
2. Agreement to a compromise proposed by the culprit.
3. Order an examination if the flooded neighbors behave dishonestly.

Finally, if an application for compensation for damage is sent after the expert has drawn up a report, based on the results of the response to it, the culprit makes a decision to file and send a claim to court.

Through the claims received, neighbors who caused the flood can:

• Realistically assess the resolve of affected residents;
• Get acquainted with the objective expert conclusions of utility workers and other specialists;
• Calculate, including with the help of professional lawyers, the prospects of the case in court.

The more often a claim is submitted, the higher the likelihood of resolving the dispute out of court.

This does not mean that you need to “bomb” with the same letters. Each of them should have some meaning, and not show the helplessness of the victim, who is only capable of sending the same type of meaningless mail.

Sample letter

The document itself does not have any established form and is drawn up arbitrarily. But in order to give it the status of a legally significant fact that would confirm the position of the injured party, you need to follow some rules. They relate to the contents of the document, namely:

1. Full identification details of the addressee and originator: last name, first name and patronymic, residential address, contact numbers.
2. Document's name.
3. The essence of the incident is the date, place, what happened, what kind of breakdown, whose fault it was.
4. Requirements.
5. Date of compilation and signature.

Sample complaint to neighbors

A claim for flooding of an apartment really resembles this document; compliance with identical requirements makes it just as significant. Official structures, for example, a management or insurance company, register such a request in the statement log and treat it with the same attention.

Regardless of how the sample claim for flooding of an apartment by neighbors is presented, the document is drawn up by hand or on a computer. The main thing is to follow the specified rules when compiling it.

Documentary evidence of the document drawn up and sent must be retained. It is sent by recommended letter with a description of the contents.

A complaint to the management company can be submitted personally through the office, clerk, responsible person or secretary of the head of the organization. On the second copy of the document, which remains with the originator, the recipient must sign for receipt.

This can be done not only with the management company. The claim to neighbors who flooded the apartment can be submitted personally against their signature on a second copy. But this is more difficult to do; unlike organizations, individuals do not have an obligation to accept applications from other individuals.

The management company that services the apartment building is obliged to accept applications with the requirements of residents, consider them and provide answers to them. The document in question relates precisely to such requests.

If the dispute is brought to court and the victim’s claim is satisfied, the company will be charged a penalty on the basis of Article 23 of the Law on the Protection of Consumer Rights. It is calculated for the period that begins after the expiration of 10 days from the date of receipt of the application by utilities. Therefore, it is important to document in court the date of receipt of the claim by the management company.

Dispute resolution through court

If it was not possible to obtain compensation from the perpetrator of the flood in pre-trial proceedings, the dispute is transferred to court. The flood claim will serve as one of the evidence :

• Unfair behavior of a neighbor;
• Failure to fulfill obligations by the management company;
• The defendant's guilt;
• Suspension of limitation periods.

Documentary evidence of the behavior of the culprit, who refused voluntary compensation for damage, tips the scales at trial not in favor of the defendant. For the management company, such evidence is the basis, as indicated above, for charging a penalty.

During the correspondence, when responding to a flood claim (the sample and rules for its preparation are discussed above), the defendant can send letters . In them, he can fully or partially admit guilt, which will be additional evidence in court.

Understanding the further consequences and possibilities of using the document in question in court places special demands on it. It is better to look at examples of their preparation from legal experts.

Download a sample statement of claim

Useful video

Conclusion

A claim against neighbors who flooded an apartment has more significance and weight in court if it is drawn up correctly in advance. This means that the applicant must provide:

• The likelihood of drawing up and sending a statement of claim;
• Use of the claim, confirmation of its receipt by the defendant;
• The use of certain tactics in court, to ensure which careful pre-trial work is carried out (drawing up acts, conducting examinations, sending statements, claims, etc.).

Finally, a carefully documented incident and the fault of the neighbor, the management company, and the substantiation of all this in the claim may force the other party not to bring the case to court and resolve the dispute out of court.

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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.

Author rating:

Claim to neighbors for damages from flooding

In a situation where it has already been established who is responsible for the flooding, when you already have all the main documents necessary for flooding, namely:

• inspection report of the management company;
• documents confirming your rights to the flooded apartment;
• confirmation of expenses for lawyers, appraisers, mail notification in the format of contracts and checks.

At the same time, the other party is not actively making contact, is trying to avoid responsibility, or does not believe in the seriousness of your intentions; in this case, a good solution would be to send a pre-trial claim to your neighbors.

It is sent by registered mail with a list of attachments and delivery notification. This way, neighbors will not have the opportunity to claim that he did not receive the documents.

Or you or our lawyer can personally hand over the documents to him against signature.

Upon receipt of such a document, neighbors often go to settlement and reimburse funds for repairs without complex legal procedures, so a competent pre-trial claim is an important element of the collection procedure.

It is important to know that if the culprit is the management company, you can qualify for a fine in exchange for 50% of the amount of damage, as well as penalties for details, call or leave your contact details and we will call you back.

Sample complaint to neighbors

Below is an example that you can use yourself; it does not include moral damages and legal costs, while the courts also recover these costs from the culprit of the flooding. You can also download a pre-trial claim to neighbors for compensation for damage from flooding, sample in word format.  

From a Citizen of the Russian Federation (full full name)

• Postal address: (for correspondence, in full)
• Email:
• Telephone: (area code, phone number)

Citizen of the Russian Federation (full full name)

1. (OR, if the full name or name of the owner is not known - “Owner of the residential premises”)
2. Address: (for correspondence, in full)
3. CLAIM
4. (CLAIM) for compensation for damage caused by flooding to someone else's property
5. Moscow city “____” ___________ ____ year
6. I, Citizen of the Russian Federation __________________________________, passport of the Russian Federation _________________________________, issued by _______________________________ "____" _________________, division code: _____-_____, registered: _____________________________________________, actually residing: _____________________________________________, am the owner of the property located at the address: _____________________________________________, as confirmed by a certificate of state registration rights issued by __________________________________________________ "____" ________________ ___ year, form series ______ No. _______________________ dated "_____" _______________ ___ year (Appendix No. 1 to this claim).
7. “____” ___________ _____ year as a result of __________________________________________, the fact of which is recorded by the act __________________________ dated “____” _______________ ____ year No. ______, hereinafter referred to as the “Act”, drawn up by a commission consisting of the following persons: LIST (Appendix No. 2 to this claim), my property was damaged.
8. In addition, I am attaching an extract from the UDS journal “_____________________” dated “____” _________________ ___ year (Appendix No. 3 to this claim) stating that “____” ________________ ___ year my complaint about the presence of ___________________________________ was registered.
9. In accordance with the Act, __________________________________________ occurred as a result of damage to the following engineering equipment: _______________________________________, located in the apartment located at the address: ____________________________________________, the maintenance of which is the responsibility of the owner in accordance with the provisions of Article 210 of the Civil Code of the Russian Federation.
10. (OR: “as a result of the actions of persons living in the apartment who allowed the occurrence of ____________________________________________”).
11. My property was damaged as follows: LIST.
12. In accordance with the report assessing the amount of material damage from “_____” ___________ ___ year No. _______________________ (Appendix No. 4 to this claim) caused to my property, it amounts to __________________________________ (_______________________________________________) rubles _____ kopecks.
13. In accordance with paragraph 1 of Article 1064 of the Civil Code of the Russian Federation:
14. “Harm caused to a citizen is subject to compensation in full by the person who caused the harm.”
15. Guided by the provisions of Articles 210, 1064 of the Civil Code of the Russian Federation, I ask you to compensate me for material damage in the amount of _________________________ (_______________________________) rubles _____ kopecks by transferring funds to my bank account using the following details: account number ________________________________ in __________________________________, BIC ____________________, bank account No. ____________________, purpose of payment: “Compensation for material damage”, payee: ____________________________________________.
16. If within 20 (Twenty) calendar days from the date of receipt of this claim by you the requirement for compensation for material damage is not fulfilled, I reserve the right to seek protection of my legal rights in court, however, I draw your attention to the fact that that if my claims are satisfied in court, in addition to the amount of material damage, you will also be charged legal costs and expenses.
17. Application:

1. Certificate of state registration of rights (copy);
2. Act No. _____ dated “____” _______________ ___ (copy);
3. Extract from the ODS journal ____________ dated “____” ___________ ___ year (copy);
4. Damage assessment report from the bay No. ________ dated "____" ____________ ___ (copy).

Citizen of the Russian Federation (signature)

 Author of the publication: Philip Volodyaev

Claim for apartment flooding

Flooding of living space

In such a situation, citizens should:

Notify	management or housing and communal structure, association of homeowners
Organize	call plumbing service

Before the plumber arrives, the affected residents must establish contact with the neighbors responsible for the accident.

It is imperative that the flood be stopped by the plumber on duty.

• If the neighbors were not at home at the time of the flooding, the best course of action is considered to be to shut off the water supply riser.
• Employees of the plumbing organization draw up a report on the flooding of the premises.
• The document is signed by the injured person, as well as several residents of the house, witnesses to the accident, and employees of the homeowners association or housing office.

Claim for damages due to flooding of an apartment

In certain situations, compensation for damage in the event of flooding of real estate can be achieved through pre-trial proceedings.

In the described conditions, it is necessary to file a justified complaint, which is subsequently presented to the person responsible for the accident.

The applicant undertakes to present all his requirements in it, noting the exact deadlines for their implementation.

Sample claim

The complaint can be submitted in any form. It is important that the structure of the document is similar to a business note or notice.

In the introductory part, it is worth providing information about the parties to the dispute, their residential address, and contact information.

The main part of the claim expresses the circumstances of the flooding as stated by the victim, the chronology of the development of events, incl. calling a plumber, notifying the housing office, assessing the damage caused.

The complaint is worth noting:

Specific flood location	where exactly did the water leak from the apartment of the guilty tenant occur?
Total cost	damaged repairs, property
Date of flooding	registration of the act on the bay
Liquidation period	consequences of the Gulf

It is permissible to send a claim by registered mail with notification, provided that the person responsible for the accident is not at home or if the management organization is considered to be the guilty party.

The complaint must be accompanied by:

• estimate for carrying out restoration repairs;
• act of independent assessment;
• certificate of flooding of the premises (copy).

Legal regulation

Flooding of real estate is certified by an act, which is drawn up in 3 copies.

The act is signed by the persons who are present during the inspection procedure of the damaged living space and property.

The document is drawn up in accordance with:

• The standards of Art. No. 210 of the Russian Civil Code - the owner bears legal responsibility for the maintenance of living space on the basis of property rights. The provision applies in situations where other types of provisions are not provided for by law
• Regulations “On the regulations for carrying out repair work related to damage to living space” No. 5-37/1, 55-48/1, dated 03/12/2001
• Instructions “On the regulations for carrying out repair work on a vacated residential apartment”
• The regulations on the regulations for carrying out repair work related to damage to living space are enshrined in a resolution of the Department of Housing and Communal Services and Improvement.

Rules of action

Establishing the fact of flooding

In each situation, the flooding of residential premises must be certified by an official document, namely a flooding act, which is drawn up in any order.

Such a document is presented together with the application or claim to the authorized structures.

For assessment of damage after flooding of an apartment, see the article: assessment of damage after flooding of an apartment.

Determination of the guilty party

1. The culprit in the flooding of the apartment may be:
2. 1) The organization that runs the house
3. 2) Tenant
4. 3) The owner of the residential premises located above.

It is important to note that residents of multi-storey buildings bear full legal responsibility for those utilities and plumbing equipment located in the residential premises.

In addition, they are responsible for the correct operation of household appliances connected to pipes, water pipes, taps, and mixers.

Provided that the accident occurred as a result of a faulty condition of the equipment presented above, the owner of the apartment is considered to be the culprit of the flood.

As a rule, a flood in a residential area occurs due to the non-functional condition of the general utilities that provide the house with hot and cold water.

In such conditions, the management organization is determined to be responsible for the incident.

Conducting a damage assessment

The owner of a water-flooded premises must initiate an appeal to a structure that carries out an independent assessment of the damage caused.

It determines the extent of the damage and subsequently draws up an estimate for restoration work.

In accordance with the repair estimate, the total cost of material damage caused to property is established.

Judicial appeal

The regulation for resolving a dispute in the event of flooding of a residential premises by filing a complaint is a prerequisite for the legal proceedings.

In isolated situations, judicial recourse is the only option to compensate for the damage caused by force.

Filing a claim

A citizen affected by flooding files a claim in the district court, depending on the actual location of the residential premises in accordance with the standards of civil procedural law.

The application is drawn up in any order with strict adherence to the principles of clerical work.

The provisions regarding the filing of a legal claim are regulated by Art. No. 131-132 Code of Civil Procedure of the Russian Federation.

In other words, the application contains personal information about the applicant, the defendant, and third parties.

It is important to present in detail the essence of the case of flooding of living space, describing in chronological order all the events that happened.

The claim must present demands for compensation for losses, transfer of compensation for damage caused, and a list of official documents that are attached to it.

The application is signed by the injured person, and the date of execution of the document is indicated below. Only after this the claim can be transferred to the office of the judicial structure.

The court undertakes to make a decision within working days.

List of required documents

• The following is attached to the lawsuit:
• — Conclusion based on the results of an independent assessment of the damage caused;
• — Claim, flood report (copies)

— Title deed for residential premises, incl. cadastral, technical passports

Video: On recovery of damage from the bay from the management company through the court

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Related materials:

Claim for flooding of an apartment: sample, legal advice on compensation for damage due to flooding

Flooding an apartment entails a lot of negative consequences. Therefore, it is necessary to figure out how to behave in this situation and who to turn to for compensation.

How to behave if you flood your neighbors

In apartment buildings, situations often arise when neighbors' apartments flood. It is very important to know how to behave in these situations in order to minimize losses. Of course, the most rational way would be to resolve the conflict peacefully. Persons who flood their neighbors will have to pay compensation commensurate with the damage caused.

This method of conflict resolution is called pre-trial.

Responsibility of the apartment owner for flooding

It is recommended to take a receipt from the guilty person. After all, he often does not fulfill his obligation to compensate for damage and evades payment of compensation. It is best to formalize such legal relations with a written agreement, since in some situations unscrupulous owners, after receiving compensation, go to court to recover additional sums of money.

Elimination of consequences

In order to compensate for damage to property when an apartment is flooded, it is necessary to take a number of legally significant actions that will protect both parties from possible negative consequences.

The damage recovery procedure includes the following steps:

1. Damage assessment by the owner.
2. Sending a complaint to the culprit.
3. Getting a response from him.
4. Appeal to a judicial authority.

Damage assessment is carried out by inviting a commission (its members are employees of the management company). It is these persons who assess the damage caused by the flood and sign a report indicating what property is damaged. They do not have the right to determine the cost of such damage. This can only be done by contacting expert institutions.

After the negative consequences have been assessed, the owner can send a written claim to the perpetrator demanding compensation for the harm.

In a situation where a citizen’s apartment was located on the top floor of an apartment building, and the flooding occurred due to the worn-out condition of the roof, such a claim is sent directly to the management company.

A claim is an act in which it is necessary to indicate the causes and consequences of flooding.

If filing a claim does not bring any results, the owner of the residential premises has the right to send a letter to the court, which is called a statement of claim.

Claim for compensation for material damage, what kind of document is it, who draws it up and when?

The right to draw up this act belongs exclusively to the owner of the residential premises or his legal or contractual representative. If the flooded premises are rented out, the lessor has the right to draw up the document.

A claim is necessary in situations where the guilty neighbors refuse to make contact. After the claim has not been answered or the owner is not satisfied with it, the person has every right to appeal to a judicial authority. Most often, claims are applied in relations between the owners and the management company, since flooding may also occur through their fault.

Complaint to neighbors

In legal relations between neighbors, filing claims is ineffective. This is due to the fact that if neighbors refuse to make contact, then they will not mark the receipt claim or will not respond to it at all. Therefore, in this situation, making a receipt for damage to property simply means wasting time.

Complaint to the management company (MC)

It is for situations where the management company is at fault for heating that rules for filing claims have been developed.

The management company does not have the right not to accept the claim. This document is made in two copies, one of which is transferred to the organization, and the other is marked with receipt. The time frame for considering citizens' claims is usually specified in the organization's charter. It is within a specific period that the case must be considered by the company’s employees and an answer must be given.

If the citizen who is the victim is not satisfied with the answer, he has the right to appeal to the court. Correspondence with the company must be included as evidence.

How to write a pre-trial letter of complaint to a neighbor who flooded your property

A pre-trial claim is a documentary act that must include the following elements:

1. Name of the organization or full name of the citizen to whom this act is sent.
2. Document's name.
3. Expression of the essence of the claim: here you need to write which area of ​​the apartment is flooded, what property is damaged, the approximate amount of damage, etc.
4. Request for repairs or other compensation for damage.
5. Date of sending the appeal and signature of the citizen.

The report can be filed by the victim personally or through his legal or contractual representative. A sample of writing a complaint for downloading from our website. ⇐

Legal claim, sample

A legal claim is called a statement of claim. The procedure and rules for filing it are regulated by the Civil Procedure Code of the Russian Federation. The claim must be made in writing. It consists of the following parts:

• details part (the plaintiff and defendant, the court to which the document is being submitted, their addresses and contact numbers are indicated here);
• introductory part (here the essence of the problem is described, the circumstances of the case are indicated, the extent of the harm caused, whether it was possible to establish a settlement agreement, etc.);
• pleading part (here the plaintiff asks the court to restore his rights, which were violated due to the fact that the neighbor or the management company flooded the apartment);
• an indication of the attached documents and written evidence.

It is necessary to send to the court as many copies of the claim as there are defendants in the case. A sample legal claim can be downloaded from this link.
⇐

Where to file a claim, who can file it and filing deadlines

The owner of the residential premises or a person specially authorized by him has the right to file a claim. If we are talking about pre-trial settlement of a dispute, then it is advisable to file claims as soon as possible. There are no specific deadlines for this case.

If a claim is filed in court, then special deadlines are established here, called statutes of limitations. In this situation it is three years. If these time frames are violated, then the citizen's rights will not be protected.

Response to complaint

The citizen or the company managing the house to whom the claim was sent is obliged to respond to it within the time limits established by law. Such a response must be in writing and sent by mail or personally delivered to the affected citizen.

The response must indicate what exactly the alleged culprit thinks about this, whether he agrees with his guilt and whether he is ready to compensate for the harm caused.

Receipt for damages: why is it needed, how to draw it up

A citizen who is guilty of flooding a residential premises, if he agrees to compensate for the damage he caused, must draw up a receipt confirming this fact. Such a receipt must be made in writing. It is presented in a free form. Its main elements should be: full name and passport details of the culprit; his consent to compensation for harm; date and signature.

A sample receipt for compensation for damage due to flooding can be downloaded here. ⇐

Agreement on compensation for damage caused by flooding of an apartment: what kind of document is it?

If the culprit and the victim have reached a mutual agreement on the issues of flooding and do not want to go to court to resolve the conflict, they have the right to enter into an agreement.

Such an agreement must indicate:

1. Details of the parties.
2. Description of the fact of the conflict.
3. The amount of damage resulting from this.
4. Refusal of the victim's claims and consent of the culprit to compensation.
5. Date and signatures of the parties.

To give a document greater legal force, the parties can contact a notary for its certification. Download a sample agreement.
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Thus, the process of resolving a conflict situation regarding the flooding of an apartment is a set of sequential actions, the implementation of which guarantees both the perpetrator and the victim the protection of their legal rights and interests.

Sample complaint to neighbors who flooded the apartment - filling out

The law does not provide for the obligation to notify neighbors of the need to compensate for damages for flooded housing.

The claim procedure for resolving a conflict can be considered as a prerequisite for litigation.

The neighbor refused to satisfy the demands voluntarily, therefore, the victim can go to court without any delay.

Statistics of such cases indicate that the culprit of the “flood” rarely agrees with the requirements of the claim. However, such a document will make it possible to inform the opponent of the amount and extent of the damage.

Housing flooded

Flooding of an apartment from below requires immediate action. Affected residents must shut off the source - faucet, risers and other plumbing elements. This can be done by contacting the specialists of the management company.

If neighbors are in the upper apartment at this moment, you should immediately inform them about the incident.

The moral component of the conflict is obvious - the victims are ready to turn off the neighbor’s tap on their own, although illegal entry into someone else’s apartment is extremely undesirable due to the constitutional right of a citizen to the inviolability of the home.

Procedure

It consists of factual and legal activities. The source of flooding is blocked. You can call specialists from the management company to draw up a flood report.

The document must indicate:

• date;
• place;
• time of incident.

The report indicates visible damage to the apartment and other property.

Here you can download a sample report on flooding of an apartment.

It is advisable that the neighbors on the landing be present when drawing up the act. Their testimony will form the evidentiary basis for the plaintiff during the trial.

The fact of flooding

It must be clearly indicated in the above act. The case in court will progress more successfully if the fact of flooding is recorded on a camera or video device.

In the act:

• the general characteristics of the apartment are indicated - the dimensions of each living space;
• the type of damage and the possibility of hidden deformations of the finish, ceilings, etc. are indicated.

Who is guilty?

The actual culprit for flooding an apartment on the ground floor can be not only the owner, but also any citizen who, through his careless or intentional actions, allowed water to enter the victim’s living space.

The law contains a clear requirement for the owner to compensate the injured party, regardless of fault.

The actual culprit can be brought to civil liability by way of recourse, that is, the owner of the apartment from which the water flowed is not guilty of this (the tap was not closed by a complete stranger).

But the victim will have to compensate for the damage, and only then the owner of the apartment will sue the citizen who, through his actions, allowed the lower apartment to flood.

The guilt of the management company can only be proven after the conclusion of an independent expert, since the likelihood that the management company’s employees will admit their mistake and voluntarily fully compensate the victim for the damage is negligible.

Damage assessment

The sample claim to neighbors who flooded their apartment must include a detailed calculation of the cost of lost property and restoration work.

The actual assessment can be made by the injured party, but it will not be mandatory for the court and the culprit.

The law provides for the possibility of conducting an independent examination of flooded living space and attaching an estimate to such a document, indicating the damaged property and the cost of repairs. An examination to determine the assessment of damage can be appointed at any stage of the trial.

The initiator of the procedure is any interested party.

If the culprit does not agree to compensate for the damage caused

The claim remains an auxiliary means of influencing the person responsible for the flooding of the apartment. It is of an informational and notification nature and does not have significant legal force.

If the culprit does not agree to reimburse or compensate for the cost of repairs, the victim will still have to go to court.

Sample complaint to neighbors who flooded the apartment

The document is drawn up in writing. In its structure, it can resemble a notice or a business note.

The claim must contain an introductory part indicating information about:

• parties to the conflict;
• place of their permanent residence;
• contact details.

The text sets out in detail the circumstances of the incident, indicating the sequence of events, including:

• calling specialists;
• drawing up an act;
• conducting an independent examination, etc.

You can demand compensation for damage by referring to the current norms of the Civil Code of the Russian Federation, for example, Article 15 of the Civil Code of the Russian Federation (the right to compensation for losses) and Article 151 of the Civil Code of the Russian Federation (the right to compensation for moral damage).

The claim must be written in simple and easy-to-understand language – without excessive bureaucracy and legal clichés.

A sample of filling out a complaint to neighbors who flooded an apartment can be found here.

The document must be accompanied by a copy of the flooding report, an independent expert report with an estimate of restoration work. It is better to send the claim by registered mail with acknowledgment of delivery.

Going to court

Judicial proceedings are the only way to force the culprit to pay.

The statement of claim is filed at the location of the apartment. It must comply with the rules of civil procedural law.

Required documents

The claim is made in writing. Witness testimony is used as evidence.

The application must be accompanied by:

• a copy of the apartment flood report;
• legal and technical documentation for housing;
• results of an independent examination (if any);
• a copy of the claim.

The above documents must be submitted in 2 copies. One of them is being filed in the case. Another copy is sent to the defendant with notice of the summons to the court hearing.

Sample statement of claim

The statement of claim must be drawn up in accordance with the provisions of Article 131, Article 132 of the Code of Civil Procedure of the Russian Federation.

The document contains an introductory part, indicating information about:

• plaintiff;
• the defendant;
• third parties.

The main content of the claim should be aimed as much as possible at presenting the case on its merits, with a chronology and a detailed description of all the events of the incident.

The application contains demands for compensation for damage, with a list of all attached documents. The statement of claim is signed by the plaintiff and submitted to the court office.

Here you can download a sample claim for compensation for damage after flooding of an apartment.

• Within 5 working days, the judge must make a decision to accept the claim for consideration or return the document due to incorrect data or due to other errors indicated in Article 133, Article 136 of the Code of Civil Procedure of the Russian Federation.
• A pre-trial written demand cannot replace a trial, but it allows you to accurately determine the position of the guilty party in the conflict.
• If she does not agree to pay, then she will have to force the offender to compensate for the damage under the conditions specified in the court decision.

Here is the judicial practice on the issue of compensation for damage due to flooding.

In the video about actions in case of flooding of an apartment

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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