What to do if the neighbors are flooded

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

A stain spreading over the wallpaper or tropical rain pouring from the ceiling are unpleasant phenomena. The life hacker explains how to find the culprit and what to do to neutralize the damage. Bonus - instructions for those who flood neighbors from below.

How to end the flood

Before starting rescue measures, unplug from outlets in the affected area to avoid short circuits. If the damage is large, turn off the power at the panel. Then take action:

Talk to your neighbors upstairs. Perhaps the source of the flood is an open tap or a broken washing machine. In this case, residents will be able to eliminate the cause of the problem themselves. They will also be able to shut off the water in the apartment if the intra-apartment communications have broken, and not the riser.

If the neighbors are not at home or they cannot deal with the damage on their own, contact the management company. Plumbers will cut off the water supply throughout the riser.

There is no need to break down the door of the neighbor's apartment in any case. Even if you save the entrance from flooding, illegal entry into someone else's home can lead to criminal liability.

If there is access to public utilities, you can turn off the water yourself. However, in this case, a self-appointed locksmith will be responsible for potential damage to the system.

How to find the culprit

There can be only two people responsible for the flood:

1. If the damage to the water supply occurred on the communications after the tap, limiting the supply of water to the apartment, then the neighbors flooded you. They are also responsible if the reason is an overflowing bathtub, broken household appliances, and so on.
2. If a leak occurs on a common riser, batteries or a heated towel rail are damaged, the management company is to blame. There is only one exception: the neighbors arbitrarily remade the heating system and did not notify the Criminal Code of this.

How to record the fact of flooding

Even if it was possible to cope with the flood on its own, the representative of the management company will have to be called in to document the flood. While you are waiting for a specialist, take a picture of the destruction zone. Record all the details. Find two or three neighbors who will agree to become witnesses.

The representative of the Criminal Code will draw up an act on the flooding of the premises. The document must indicate:

• victim's address;
• date of signing the document;
• the names of the victim, the guilty party, the representative of the Criminal Code and witnesses;
• the established or suspected cause of flooding;
• a list of damage to the apartment (indicate that they were detected on the day of the inspection, since then new damage may be discovered);
• signatures of those examining the apartment (or notes that one of them refused to put an autograph).

Be sure to ask the representative of the Criminal Code for one copy of the act for yourself.

If the managing organization has not sent an expert, draw up a similar act yourself.

How to solve the problem peacefully

Perhaps the neighbors (and very rarely - the management company) agree with the assessment of the damage and are ready to compensate it without a trial. To keep both parties safe, draw up a damages agreement and contact a notary. So the guilty party will confirm its obligations, and the victim - that it will not pull money from the neighbors indefinitely.

How to solve the problem through the court

Neighbors flooded, but they are in no hurry to compensate for the damage. Start preparing for the trial. Invite an independent expert to reassess the damage. The guilty party must be notified of the specialist's visit in a way that confirms that the information was sent to her. For example, by telegram, registered mail.

The expert must draw up a damage report. Point out to the visitor all the problems that have arisen due to the flood. Attach the payment receipt for the specialist's services to the claim agreement: the costs will be included in the amount to be reimbursed.

After receiving the act, you can submit documents to the court. The package should contain:

• statement of claim;
• documents on the ownership of the apartment;
• flooding report drawn up by you or a representative of the management company;
• a similar document from an independent expert;
• photographs and videos of the affected apartment;
• estimate of work to eliminate damage from the flood.

For a court with a management company, if it is to blame for the flood, a similar package of documents is needed, only the statement of claim is drawn up in a different form. On the part of the Criminal Code, you will be opposed by a professional lawyer who will use any pretext to ruin the case. Therefore, make sure that all documents are drawn up and executed in accordance with the rules.

The court may recommend that the problem be settled amicably: you reduce the amount of your claims, the defendant pays it voluntarily. You can accept the offer or refuse. In the second case, the final decision on who is right and who is wrong and how much to pay will remain with the judge.

Do not make repairs until the trial is over. Additional expertise may be required.

What if you flood the neighbors

Try to fix the problem locally without involving third parties. Communicate politely, tell us about the cause of the leak. You may be able to reach a compromise and agree on an amount acceptable to both apartment owners.

If a neighbor, at your expense, is trying to change paper wallpaper for a covering with gold thread, get ready for court. In the process of drawing up a report on the flooding of a neighbor's apartment, also take photographs of the destruction, so that there is an opportunity to prove that the victim is exaggerating the damage.

You can call an independent expert to assess the damage to your neighbors' apartment.

If the management company is to blame for the leak, it makes sense to team up with a neighbor, since both of you are victims.