Statement of claim for compensation for damage from flooding of an apartment: sample claim for flooding of an apartment by neighbors above

Home / Bay / How and when is a claim for compensation for damage from flooding an apartment made?

To receive compensation due to flooding of a home, when the culprit refuses to voluntarily compensate for the damage caused, it is necessary to go to court. For this purpose, a document is being prepared to receive compensation for flooding of the apartment.

General provisions

An application for compensation in this case is necessary for the effective protection of property rights in the legal field. Threats, scandals, quarrels with the culprit of the bay are not constructive.

Moreover, such behavior can transfer victims into the category of perpetrators when they have to stand trial for unlawful actions due to public statements of intentions to deal with a neighbor or due to causing bodily harm of varying degrees.

A statement of claim for compensation for damage caused by the gulf is prepared and filed when the conflict could not be resolved pre-trial , and voluntary payment of compensation is refused.

The defendants may be:

• neighbour;
• public utility service, housing and communal services;
• Insurance Company.

Actions (or inaction) of the first two can cause damage due to flooding. If the apartment is not insured, then you will have to sue directly with the legal entity or individual who caused the flood.

If your apartment is insured, you need to make efforts to obtain compensation from the insurance company.

If it was not possible to compensate for the damage through them, the money was not paid or was paid, but not in full, you will have to sue directly with the culprit; he is indicated as the defendant in the claim.

Deadlines for submitting the document

The cases under consideration relate to general jurisdiction, the statute of limitations is 3 years .

But if it is missed, this does not deprive the victim of the right to go to court for the protection of property rights. To do this, a petition is submitted, the satisfaction of which restores the missed deadline.

It is in the defendant's best interest to insist on compliance so that the case does not proceed, but the judge may think otherwise.

The period is counted from the moment when the fact of flooding of the apartment became known:

1. Its owner.
2. To the authorized representative of the home owner.

For example, if the plaintiff requests an extension of time due to his long trip abroad, his request may be granted if there is no contact with him. If the homeowner has drawn up a power of attorney for the disposal of real estate during his absence, the three-year period is calculated from the moment the power of attorney became aware of the flood.

It is worth reading in more detail about the procedural issues regulating the time for performing certain actions here.

In addition, the limitation period may be suspended , as provided for in Art. 202 of the Civil Code of the Russian Federation. This happens in the following cases:

1. A claim for compensation for damage caused by flooding of an apartment cannot be filed due to force majeure.
2. The culprit of the flood or the injured person serves in the Russian armed forces, which have been placed under martial law.
3. The law provides for a deferment of the fulfillment of obligations that have arisen.
4. The dispute was settled out of court in accordance with the procedure established by law.

It’s difficult to stretch the statute of limitations. It will be considered interrupted if at trial the plaintiff manages to prove that the defendant committed actions indicating his recognition of obligations to the plaintiff due to the flooding of the apartment.

The limitation period is suspended after filing an application with the court to consider a dispute related to the flooding of housing.

The main points of the application to the court are traditional, as for any statement of claim in civil proceedings. It should contain the following items :

1. The name of the judicial institution to which the application is submitted.
2. Passport details of the plaintiff and defendant, residential address.
3. Cost of the claim.
4. Date and essence of the plaintiff’s rights violated.
5. What circumstances indicate the fairness of the applicant’s claims.
6. Evidence that confirms the specified circumstances.
7. The applicant's requirements with reference to current regulations.
8. Documents as an attachment that are evidence in the case.
9. Date of filing the claim and signature of the applicant.

Additional information

We are talking about the most necessary evidence in the case of flooding an apartment - this is an act and an examination . The first confirms the very fact of the case under consideration, the second indicates the amount of damage based on the expert assessment of a specialist. Moreover, without the first document it will not be possible to obtain a second one. And without both, the claim for compensation for damage due to flooding of the apartment looks unconvincing.

In the first minutes of a flood, several important questions arise for the affected person:

• How to protect the health and lives of loved ones (and your own) from an accident?
• How to prevent further destruction of property?
• How to document the fact of flooding of housing?

In the latter case, you should call a representative of the utility services, who must inspect the scene of the incident and draw up a report. The document is signed by all those present, namely:

1. To the victims.
2. The culprit.
3. An employee of the housing office or management company.
4. Neighbors.
5. Emergency service worker (if they were called).

Additionally, the district police officer and other persons can sign. If the person responsible for the flood refuses to sign the act, this fact is noted in the document. Utility services are required to issue a certificate within a month. It is advisable to speed up this process and achieve issuance within a few days.

When contacting an expert and ordering a service, the act is submitted along with other documents (identity card, technical passport, certificate of registration of ownership). The absence of an act in the list makes it difficult to assess the damage caused to property due to the flooding of the apartment.

Another document that a claim for a flood of an apartment cannot do without is a power of attorney . Compiled in the event that pre-trial and trial proceedings are delegated to legal specialists who provide services to protect citizens in housing disputes.

Who files the claim?

Its preparation and submission to the court is carried out by:

1. Directly affected.
2. His representative.
3. Insurance Company.

If the first two are clear, then the insurance company files a claim in court regarding the flooding of the apartment against the culprit of the flooding by way of recourse. Having paid her part of the obligations to the insured, compensating for some damage, she files a claim against the culprit in order to recover from him the amount paid to the victim. The amount of the latter is within the limits of the compensation paid for the insured event.

The idea that you can win cases against an insurance company in cases like this is wrong. A competent lawyer breaks down the plaintiff’s position and allows the defendant to avoid financial liability for the damage caused.

To determine the court that will consider the claim for compensation for damage from the flooding of the apartment, it is necessary to establish the amount of damage caused. For this:

1. An examination is being carried out.
2. The document indicates the amount of damage caused.
3. If its size is less than 50 tr. – the application is submitted to the magistrate.
4. If the amount of damage exceeds 50 tr. – the claim is sent to the district court.

A claim is filed for flooding of the apartment and compensation for damage at the defendant’s place of residence . In most cases, the victim and the perpetrator live in the same house.

An exception is if the owner of a flooded apartment or the culprit actually lives in another region, the emergency occurred in their absence, or they left their place of residence during the period of pre-trial and judicial settlement of the conflict.

Duty

Such cases are not considered free of charge; a receipt for payment of the state fee must be attached to the claim. Its size is determined based on the cost of the application, calculated in accordance with the provisions of Article 333.19 of the Tax Code of the Russian Federation.

For example, if a claim for compensation for damage from the flooding of an apartment is filed in the magistrate’s court, its cost is no more than 20 thousand rubles, the amount of the state duty is 4% of the assessed damage. The minimum amount is 400 rubles. If the damage is assessed higher, but not more than 100 rubles, the state duty is 800 rubles. and 3% of the difference between the amount specified in the claim and 20 tr.

The state duty for more serious damage is determined as follows :

• In the range of 100-200 tr. – 3.2 tr. plus 2% of the difference between the amount of damage and 100 rubles;
• In the range of 200 TR - 1 million. R. – 5.2 tr. plus 1% of the difference between the amount of damage and 200 tr;
• Over 1 million rubles – 13.2 tr. plus half a percent of the difference between the amount of damage and 1 million rubles.

Sample

The document is available for download

Judicial practice on consideration of such cases

A few important takeaways:

1. In such cases, an assessment of the damage caused plays an important role.
2. If the defendant is an insurance company, the amount of damage is underestimated several times.
3. If the management company is found guilty, it will be obligated not only to compensate for the damage caused by the bay, but also to compensate a penalty of 1% of the amount of damage caused for each day of unfulfilled demand (in accordance with Article 23 of the Law on the Protection of Consumer Rights).

In addition, work to restore an apartment after a flood, which is carried out by its owners on their own, is also required to be compensated and has its own cost.

If the plaintiff manages to prove his position, the damage caused is compensated in full. The problem is that the collection of evidence is taken lightly and illiterately. Victims often believe that witness testimony and the report are sufficient and do not order an expert assessment.

Do you want to get acquainted with judicial practice in more depth? We collected information by conducting the necessary analysis of court decisions. Read about it here.

Indeed, some acts are drawn up in detail, all damaged property is indicated, and the nature of the damage is described in detail. But even in this case, the act is not a substitute for an examination; for the court, the assessment of a specialist who carries out work on the basis of a license and with certified equipment is important. Employees of the housing office or the management company do not have this.

Drawing up a counter (response) claim

During the trial, the defendant has the right to file a counterclaim regarding the flooding of the apartment and submit claims to the plaintiff so that they are considered together with the claim in the case regarding the flooding of the apartment. As a rule, they relate to the unlawful actions of the victim in relation to the perpetrator:

• Death threat;
• Causing bodily harm of varying severity;
• Causing damage to the defendant's property in retaliation for a flood;
• And others.

A counterclaim for flooding an apartment is one of the forms of defense ; it is important to understand this and not give a reason for it. It can be presented at any time until the court makes a decision.

The plaintiff’s confident position in court may be shaken if the defendant manages to provoke him into conflict and unlawful actions. It is recommended to take into account such dishonest behavior of the other party to the dispute.

If a counterclaim cannot be met, objecting to the applicant’s demands in court is normal practice. A competent lawyer will break down the claim on each point, starting with an incorrectly drawn up act, which may include:

• Unspecified reason for the flood;
• All owners of the apartment that was the source of the flood are unidentified;
• Lack of signatures on the act;
• Conducting an examination without notifying the culprit and other interested parties;
• Involvement of incompetent persons without the necessary license and equipment certificates in carrying out damage assessments.

Download the objection to the claim

This is an incomplete list of weak points that a specialist can catch on when drawing up an objection to a claim. It is recommended to take them into account when documenting the fact of the flood and ordering the services of an expert company.

Useful video

Conclusion

The described document is the result of the work done, which includes all the circumstances supported by documentary evidence. Without thorough pre-trial preparation, there is a high probability that the trial will be lost and the plaintiff’s claims will be denied. Mere knowledge of how to write a statement to the court is not enough. Competent actions are required, which are carried out by legal specialists.

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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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Statement of claim to the court for compensation for damage caused by flooding of the apartment

If, as a result of the flood, the apartment was damaged due to the fault of neighbors and an amicable settlement is not possible, then what to do in this case? This question is common, because the injured party has the right to demand compensation for the loss. In this case, it is necessary to write a statement of claim for compensation for damage caused due to the flooding of the apartment. To do this, you should report the damage, collect evidence, draw up a special act and file a lawsuit regarding the flooding of the apartment.

The reader will learn how to correctly write a statement of claim due to flooding of an apartment from this article. Issues of the filing procedure and requirements for document preparation will also be covered.

For any additional questions, please contact the portal specialists.

Consultations are provided by competent lawyers free of charge.

What to do if you are flooded?

When an apartment is flooded and damage to property is detected, the first thing to do is not to eliminate the consequences.

The second step is to call the management organization or HOA and call its representative to draw up an Act. This is the most important document that will be the basis of evidence for a claim for compensation for damage from flooding.

Main points of the Act:

• Compilation is carried out by representatives of the service company.
• It reflects the harm done and the reasons why it happened.
• If, after its preparation, new defects are discovered, then it is necessary to re-create the commission.

Resolution No. 491 of August 13, 2006 regulates the procedure for determining the guilty person. This is also done by representatives of the management company, or by the owner of the property himself.

Nuances of filing a claim

A statement of claim for compensation for damage from flooding of an apartment is written on the basis of the Act. To determine the amount of damage, an independent expert should be involved. Such a specialist will prepare an estimate for repairing the damage.

In addition to repair work, a claim for damages includes the financial costs of carrying out the repair itself, not just materials, as well as other expenses incurred by the owner of the residential premises.

All of these costs are the price of a claim for flooding of an apartment.

If, due to the actions of neighbors, the owner suffered moral damage, which reflected moral or physical suffering, it can also be included in the text of the claim. Based on this and the Civil Code of Russia (Article No. 151), the injured party has the right to demand coverage for this damage.

An application for recovery should be submitted to the magistrate in cases where the cost of damage is more than 50,000 rubles. Also, the claim may be sent to the district judge at the address where the defendant is located.

The state fee will be calculated based on the amount of the application. It is necessary to attach an Act, payment slips for the purchase of materials for repairs, as well as contracts for repair work with a receipt for their payment. In addition, you can attach other documents indicating the expenses incurred.

It does not matter what decision is made - a peaceful settlement or in court, each owner, when damage is caused to his property, must do the following:

1. documenting the fact of flooding of the apartment by neighbors (Act);
2. convening a commission;
3. determining the cost of damage;
4. write a demand to the guilty party in pre-trial order;
5. preparation of a statement of claim for flooding an apartment (sample in the next section).

These actions must be done as soon as possible. Even if neighbors with whom the citizen is on good terms are flooded, it is necessary to protect yourself from their possible evasion in covering expenses.

How to submit an application?

The statement of claim for the flooding of an apartment has another important factor - the definition of the defendant. That is, the damage does not always come from the neighboring party. Sometimes, it is through the fault of the management company that a breakthrough can occur, which leads to losses. That is why a commission is needed, which will include representatives of neighbors and employees of the management company.

The reader has already learned from the previous sections who to send the drafted claim to. Now we should touch on the question of what form to write a claim.

Complaint to the court and its components:

• judicial review body;
• contact details of the plaintiff and defendant;
• list of damage in full detail;
• evidence base;
• additional documentation.

Download free documents that will help you assert your rights:

The claim should also include payment receipts for payment of the state duty and other documentation that supports the price of the application.

However, if after an emergency a citizen independently eliminated the flood in his apartment, then compensation in this case is possible upon provision of documents. For example, a receipt from a dry cleaner for the restoration of carpets, the purchase of matting, flooring, etc.

Remember that a claim for flooding of an apartment filed in court on this subject relates to a property dispute, therefore, the statute of limitations for such a claim is three years from the date of discovery of the flooding and the damage caused in connection with this.

Evidence base

Faced with such a situation, every person wonders whether it is possible to carry out repair work without waiting for a judge’s order and how to subsequently prove the specific amount of losses that the owner has suffered.

Legal practice says that repairs can be carried out immediately after a flood. However, before doing this, you should collect supporting documentation.

To file a claim in court and prove damage, it is recommended to contact representatives of an independent assessment. The activities of such organizations are regulated by the law on appraisal work.

In addition, after the inspection, a representative of the expert organization can draw up a protocol, which will indicate some of the materials, household appliances and other property that cannot be restored. Based on this, the price of such things can be recovered.

The evidence base is:

• damage compensation pay slips;
• an agreement to hire a repair team to eliminate the consequences.

Please note that if a citizen independently purchased the necessary materials for repairs, and third parties were also involved in the repair work, then all receipts, even for small amounts, should be kept and attached to the file.

However, in this case, the plaintiff will have to prove in court that the purchased materials are necessary specifically for restoration, and not to improve their quality.

For example: a neighbor who was flooded damaged the floor covering - linoleum, which, due to water, was swollen and cannot be repaired, i.e. need replacement. But the victim decided to purchase laminate flooring for restoration, and demands compensation from his neighbor. However, in this case, the latter has the right to refuse such coverage, because The difference between laminate and linoleum is significant.

In view of this, it is more advisable to order the services of an independent examination, because The expert will not only give you the cost of restoration, but also indicate what materials need to be restored or replaced. This allows you to neutralize possible fraud from both the guilty party and the victim.

Home flooding act

Quite often, when creating a commission on the fact of flooding of a residential premises, some people refuse to sign the document. This fact is recorded in the Act. As a rule, these persons are the party that is guilty.

This document is generated in 3 copies and includes:

1. the reality of damage to living space;
2. damage assessment;
3. causal relationship.

Based on the latter, the guilty person is identified. As mentioned above, the source of flooding is not always the apartment on top; it can also be the management company.

It is recommended to be very careful when recording the damage caused. It should be described in the smallest detail. Please note that in case of major damage, it is better to call an independent qualified appraiser with experience. Then the damage will be registered correctly from a legal point of view.

By the way, if the leak that caused the flooding was in the riser, pipes, drain channel, or roof, then the management company is the culprit. And in this case, a competent expert assessment will make it possible to prove the guilt of the utility companies, and then the organization will be responsible for covering the damage to living quarters and property.

If disagreements arise, there is no need to enter into a dispute, because they will still be included in the act, and further proceedings will be dealt with by the court and executive officials.

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When and how to file a claim for flooding of an apartment by neighbors? Sample document

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In what cases and when should you go to court for damages?

When force majeure such as flooding of a room occurs, you need to immediately get together, eliminate the panicky mentality in a matter of minutes, and immediately check the source of the flooding of the apartment. If water is pouring from above, you must first turn off the electrical wiring and almost simultaneously contact your neighbors, demanding that the leak be fixed.

If they don't open, call the police.

In addition, you should immediately think about the fact that it is likely that you will need to go to court. And the trial is based on evidence . Therefore, it makes sense to film or photograph evidence of water flowing from above.

And also record a conversation with neighbors upstairs on a voice recorder or video.

After the leak has been eliminated, you need to urgently begin removing the water so that flooding does not affect the apartments located below. It is unacceptable to delay this moment, although the owners of the premises are not directly to blame, their negligent actions that caused material damage may also require compensation for losses.

Flooding by neighbors

If flooding of the living space occurred due to the fault of neighbors (an individual), you need to show them the extent of the damage caused and try to come to a compromise. Provided that the neighbor satisfies the demands of the injured party in full, there is no need to go to court.

However, you need to pay attention to one important detail. Promises made by a neighbor must be recorded in writing signed by him . For this purpose, a notarial agreement is drawn up. In this case, it is permissible to wait for the period specified in the agreement.

If the promises were oral, there is no point in waiting, unless there is complete trust between the victim and the guilty person. Despite the promises made orally, it is necessary to immediately, before eliminating the consequences of the flooding of the apartment, carry out an examination of the damage caused and draw up a report on the damage to the premises.

If the guilty neighbor refuses to restore the premises, you should act immediately:

1. Report the flooding of the apartment to the management company (MC).
2. Together with representatives of the management company and neighbors, draw up a report on the extent of damage to the premises.
3. Notify the neighbor of the claims and the intention to recover damages through the court by registered mail with acknowledgment of receipt.

How to sue if your neighbors flooded your apartment? 10 days after your neighbor receives a registered letter about flooding, you can file a lawsuit against your neighbors in court.

In general, the procedure for filing a claim in court after a flood should not be delayed for more than one year.

It should be taken into account that over time it will be more difficult to confirm the neighbor’s involvement in the destruction caused to the apartment.

Flooding due to the fault of the management company, HOA or housing and communal services

Sometimes the blame for damage to an apartment is placed on the company responsible for operating the house and providing housing and communal services. This can happen regardless of which apartment the leak occurs in. If, upon discovering the source of the flood in the apartment, a pipe break is detected, then the circumstances need to be established:

• for what reason the pipe burst (sewage, heating system, water supply);
• who made the poor-quality repairs;
• if repairs were not made, then who is responsible for its absence.

This situation requires contacting the HOA, housing and communal services or other management company within the first day. On the same day, she must draw up an act of damage to the premises together with the affected residents and their neighbors - independent observers who testify to the fact and scale of the violations committed.

Here you will need to comply with the same deadlines: immediately collect evidence and notify the guilty company of the need to compensate for the damage. Notification can be sent to :

• directly to the chairman of the board, with a mark of receipt on the second copy;
• by registered mail with notification of receipt by an authorized representative of the management company.

If there are no results within 10 days, you can go to court . However, there are other options for exerting influence that can be used if an unscrupulous group of board members denies their guilt and does not want to restore the property rights of the injured party:

1. If the leak occurred as a result of negligence towards the needs of residents or as a result of improper provision of services, it is advisable to file a complaint with Rospotrebnadzor, attaching copies of available documents.
2. If improper performance of duties is associated with dishonesty of the board and violation of the law, it is permissible to file a complaint with the prosecutor's office.

Under certain conditions, the perpetrator may be required to restore the rights of the victim based on the provisions of the Consumer Protection Law. But in this case, an application for their restoration must be submitted no later than 10 days after the incident with the apartment flooding. The prosecutor's office can issue a court order for damages after a flood or take the case to court.

Before filing a statement of claim in court, you need to take into account that it is being filed to recover material damage caused to the owner of a flooded apartment by the guilty party. Therefore, you need to focus on the option that will be used to collect compensation for damage caused:

• in a fixed amount;
• in the requirement to carry out equivalent repairs in a flooded room.

According to Article 15 of the Civil Code of the Russian Federation, the injured party has the right to recover from the perpetrator the full cost of compensation for losses, unless otherwise provided by law.

Article 15 of the Civil Code of the Russian Federation. Compensation for losses

1. A person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount.

2. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation if his right was not violated (lost profits).

   If the person who violated the right received income as a result, the person whose right was violated has the right to demand compensation, along with other damages, for lost profits in an amount not less than such income.

However, damages can only be recovered if there is proof :

1. fact of the bay;
2. the defendant's guilt.

Therefore, these circumstances must be stated in the application and supported by documents.

Drawing up a statement of claim

The document must comply with the form provided for in Article 131 of the Code of Civil Procedure of the Russian Federation . It consists of the following parts:

• "caps";
• “the body of the document”, which is divided into informative and pleading parts;
• the final part, where the date, signature of the plaintiff and a list of attachments are given.

In the header you should indicate:

1. name of the court and site;
2. information about the magistrate presiding over the case;
3. information about the parties – the plaintiff and the defendant.

The informational part necessarily contains the cost of the claim that the applicant brings against the guilty party, if the demands for compensation for damage to residential premises are expressed in a fixed amount of money. The following information is provided here:

1. Since when has the plaintiff owned the apartment, grounds of ownership and form of law.
2. When the Gulf precedent arose (link to the act).
3. List of violations resulting from the flood, the degree of damage to the premises, furniture, household and electronic equipment (link to acts on the flood and damage assessment).
4. Certification that the plaintiff tried to resolve the issue peacefully before going to court (link to the defendant’s notice).

The petition part contains the wording of an appeal to the court and a request to satisfy the claim in full, recovering the cost of damage from the defendant or forcing it to make repairs.

If the guilty party is a neighbor, then he will be personally liable.

When filing a lawsuit against the management company, the defendant should be the chairman of the board of the HOA, housing and communal services or other authorized official responsible for the leak.

Collection of necessary documents

The following documents are attached to the application , which are also indicated in the list of attachments, in accordance with the provisions of Article 132 of the Code of Civil Procedure of the Russian Federation:

1. Proof that the apartment belongs to the plaintiff: an extract from the Unified State Register or a certificate of ownership.
2. Similar evidence that the culprit’s apartment belongs to him: an extract from the Unified State Register of Real Estate (if the defendants are neighbors).
3. Report on poor quality of technical work carried out by the management company (if the defendant is a management company).
4. Act on flooding the premises.
5. An expert report on the extent of the damage caused.

Article 132 of the Code of Civil Procedure of the Russian Federation. Documents attached to the statement of claim

The following are attached to the statement of claim:

• its copies in accordance with the number of defendants and third parties;
• a document confirming payment of the state duty;
• power of attorney or other document certifying the authority of the plaintiff’s representative;
• documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for defendants and third parties, if they do not have copies;
• evidence confirming the implementation of the mandatory pre-trial dispute resolution procedure, if such a procedure is provided for by federal law or agreement;
• calculation of the recovered or disputed amount of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties.

In addition, documents confirming the attempt at pre-trial reconciliation must be presented : applications with a mark of filing with the Criminal Code or documentation from the post office about the sending and receipt of a registered letter by the addressee.

Where to submit?

When collecting damages from the management company, you should contact the district court at the place of registration of the legal entity, which is the management company. The exception is when the flooded apartment turned out to be departmental or belonged to an individual entrepreneur and was used for business needs. In this case, the issue will be resolved in arbitration court.

If a sum of money is recovered, the claim is considered property . State duty depending on the amount of damage:

1. If the claim price is up to 20 thousand, 4% of its value is paid. But not less than 400 rubles.
2. Over 20 thousand, up to 100 thousand - 800 rubles: plus 3% of the amount exceeding 20 thousand.
3. Over 100 thousand to 200 thousand - 3200. 2% of the amount over 100 thousand is added to it.
4. Over 200 thousand – 5200 plus 1% of funds over 200 thousand.

The maximum allowable amount of duty is 60 thousand rubles. The state fee is paid by the plaintiff. The same applies to payment for expert services, appraiser and other expenses if they are made at the initiative of the plaintiff. Once he wins the case, he can recover all legal costs.

If the defendant considers it necessary to conduct a repeat or independent examination to assess damage after flooding, he pays for it from his own personal funds. For example, when the plaintiff inflates the cost of accessories or damaged household, electronic equipment, etc. If he wins the trial, the plaintiff will be required to compensate him for the loss of legal expenses.

Reviewing the question

After the initiation of a civil case, the court sets a date for a hearing , to which the parties are invited by summons. If the defendant fails to appear in court, this cannot relieve him of liability to the plaintiff. The court may be postponed to another date, but in principle the dispute between the parties can be considered in the absence of one of them, the court is authorized to make a decision at its own discretion.

How does the trial work?

• on conducting a new examination;
• provision of one or another document regarding the case.

The parties have the right to present to the court all evidence of their innocence, to present witnesses from among third parties who will petition the court in their favor. Written evidence and documents are submitted to the court through a bailiff . Witnesses are called to testify in the courtroom. After the participants in the process have spoken, the court makes a decision on the claim.

Settlement agreement

At any stage, the parties can come to an amicable agreement. It is accepted voluntarily, often in the form of a concession with a direct explanation of the current situation by the magistrate.

The settlement agreement is drawn up by the parties in writing and certified by a magistrate. It indicates the positions of the parties, which became a compromise for the plaintiff and the defendant. The adopted provisions are subject to mandatory execution. After their acceptance, the issue is closed and subsequently cannot be considered in court again.

When the court makes a decision on a case, it is announced at the end of the trial in the presence of the parties. Three days after the court hearing, it is formalized into an official document in the form of an extract from the protocol of the court decision. The extract is prepared according to the number of participants and issued at the court office :

• upon presentation of a passport;
• signed by the recipient.

10 days after its preparation, the court decision comes into force and is subject to execution, unless the opponent filed a lawsuit to appeal the decision.

Actions if you have a positive decision in hand

If refused

If the court unlawfully refuses to satisfy the claim, an appeal against the decision is permissible . It happens:

• within 10 days after receiving the extract;
• in the regional or cassation court.

To appeal, a statement of claim is submitted to the specified body, which indicates circumstances not taken into account by the court and violations that were committed when making the decision.

The court decision always indicates to what extent the claim is satisfied and what amount is to be recovered. The deadline and algorithm for providing payments is also given here. The defendant must meet the specified deadline, since after the claim is recognized, he is equated with debtors who are obliged to repay the debt to the party affected by the flooding of the apartment.

According to the regulations, the court decision is put into effect immediately . But the money can be received in installments if the parties come to an agreement on the timing of the payments provided and formalize the agreements reached in a written agreement.

In this case, each payment must be transferred against receipt, preferably in the presence of witnesses.

After they have been repaid, you need to take a receipt from the injured party stating that there are no claims against the perpetrator due to the fulfillment of the obligations accepted by the court.

Delay is a serious violation for which penalties and fines are imposed. They are calculated from the day when the payment was due but not provided until the application is submitted. The penalty is calculated at the Bank of Russia exchange rate in effect at the time of filing the application, as an interest rate for loans.

The right to collect a penalty may be stipulated in a previously drawn up agreement between the parties . Or, based on the provisions of Article 395 of the Civil Code of the Russian Federation - use of other people's money. For example, if the specified rate is 10%, then they are calculated on the amount of debt for the period of delay.

If the apartment was flooded by neighbors from above or the flooding was due to the fault of the management company, you need to draw up a report on the flooding and damage assessment and demand compensation for losses. If the guilty party refuses, the case must be transferred to court, based on the decision of which compensation for losses will be recovered according to the law.

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On a statement of claim for compensation for damage from flooding of the apartment from above, sample claim

Many citizens have experienced apartment flooding. But not everyone knows what the mechanism of action is in this situation and how to legally competently draw up a statement of claim for compensation for damage from the flooding of an apartment.

Compensation for damage in case of flooding of an apartment

The legal requirement for compensation for damage to a neighbor is enshrined in paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation. According to this article, any property damage caused must be compulsorily compensated by the citizen who caused it through his action or inaction.

In order for the victim’s demands to result in the recovery of monetary compensation from the defendant for the gulf, a number of conditions must be met:

• have fixed facts on photo and video communications;
• provide the judge with the amount of damage caused;
• have evidence of an attempt to resolve the dispute pre-trial as a claim.

The neighbor is not going to pay

The owner's procedure in case of damage caused by flooding of the apartment

Statement of claim for compensation for damage caused by an accident

The first thing to do if flooding is detected is to contact the owner of the apartment located on the top floor of the apartment.

The first measures to solve this problem should be:

• calling an emergency team from the housing cooperative;
• before the arrival of this service, you should try to establish the nature of the breakdown and the source of the flood in the room;
• try to eliminate or at least minimize the consequences of flooding by all possible methods.

Note! You need to contact your management company, whose phone number is indicated on the receipts: the call is recorded by the dispatcher. Afterwards you need to apply for an extract from the dispatch log.

After a specialist from the management company arrives and eliminates the cause of the flood, an act of flooding the premises is drawn up.

The act contains information about:

• flood time;
• reason;
• damage caused.

So, upon the fact of the incident, the citizen must have in his hands the following documents confirming the fact of flooding:

• act on the bay of housing;
• extract from the manager of the management company;
• photo and video data from the scene of the incident;
• witness's testimonies.

In order to determine the amount of actual damage, it is necessary to be guided by the requirements of Art. 15 Civil Code of the Russian Federation.

Before going to court, you can try to resolve the issue peacefully: take a receipt from your neighbors for compensation for damage, which should be certified by a notary.

To establish the amount of actual losses suffered by the property or its share, it is recommended to contact an appraiser who works in accordance with Article 4 of Federal Law No. 135 of July 29, 1998.

Important! The neighbors above are not always the culprits of the flood.

If residents of the top floor of an apartment building notice that they have begun to flood in the area where the roof is broken, then the responsibility falls on the shoulders of the municipal company, which is responsible for major repairs of the roof.

In this case, the claim must be made in the name of the director of the management company in whose department the house is located and compensation must be demanded.

Where to go in case of flooding

Statement of claim for compensation for material damage and moral harm

In order to record the fact of flooding, you need to contact the dispatcher at the management company. To assess the loss, it is necessary to calculate the amount of compensation required with the assistance of an appraiser.

If the owner of an apartment, for example, purchased with a mortgage loan, has taken out real estate insurance - a standard practice for encumbered premises, then you need to contact the insurance company and fill out an application for compensation for damage from the insurance fund, to which supporting papers are attached.

Note! The court is the final authority: an appeal to this body is the last stage of the proceedings, when no persuasion, claims and arguments have had the desired impact on the violators.

Drawing up and filing a claim for compensation for damage from flooding of an apartment

Statement of claim for compensation for damage caused by a crime

The claim is submitted in 2 copies (for each party) to the judicial authority located at the location of the defendant. The document must be drawn up in simple written form, have the structure and value of the assessed damage. You can submit it to the judicial authority either personally or with the participation of a legal representative.

Note! If the flooding of the apartment resulted in moral suffering for the residents, for example, the spouses filed for divorce, the flood complicated the division of property, transferring it to inheritance, or a deal to lease the property was not concluded, then the citizen has the right to refer to Art. 151 of the Civil Code and demand compensation for moral damage.

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

Statement of claim for flooding of an apartment by neighbors - a sample and template of the document can be downloaded from the link.

This example illustrates a claim for flooding an apartment - a sample application against a neighbor who, through his own fault, managed to flood the neighbor’s apartment, and thereby cause damage to the applicant’s property. Another thing is a claim against the management company for flooding an apartment, the template of which can be downloaded here.

Flooding of an apartment by neighbors from above: judicial practice

Judicial practice does not have a specific mechanism for resolving these types of disputes. Decisions by the judge are made individually, based on the criterion of fairness and public benefit from such an outcome of the case. Cases are often decided on the basis of case law, that is, after an analysis of decisions already made in similar cases.

The outcome of the court hearing may be:

• refusal to accept the statement of claim - if the claim is drawn up incorrectly, there are not enough documents, or the amount of the claim is overstated;
• refusal to satisfy demands – in the case where there is insufficient evidence;
• partial satisfaction - for example, compensation was required not only for actual damage, but also for moral damage for fraud of the Criminal Code, the composition of which the court did not identify during the audit; imaginary claims will not be satisfied;
• full compensation – if it was possible to prove a cause-and-effect relationship between the consequences and the violation event.

Thus, any citizen can use the claim template and try to defend their rights through the court. But in order not to waste time and effort on bureaucratic procedures, it is recommended not to neglect the services of a lawyer.