Claim for an apartment bay - sample

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Flooding of an apartment by neighbors, as a rule, causes serious damage to the property, and property owners often carry out repairs to the premises at their own expense. To avoid finding yourself in a similar situation, you need to quickly find out the cause of the flooding and prepare a pre-trial claim against the neighbors responsible for the accident. This option significantly reduces the costs of the parties to the incident and allows the victim to count on material and moral compensation for the damage caused (Article 15, Article 151 of the Civil Code of the Russian Federation).

Why do you need a claim?

A claim is a document with which you can peacefully resolve a conflict over the flooding of an apartment without litigation. Writing it simultaneously solves several problems:

• Compensation for damage caused to the injured party.
• Recording the actions of the guilty party, collecting additional evidence to confirm the illegality of the neighbors’ actions.
• Psychological pressure on the other side encourages the perpetrators to meet the victims halfway and seek a compromise so as not to bring the case to trial.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Going to court is always a lengthy procedure that requires additional costs and special knowledge. Therefore, it is advisable to try to solve the issue yourself. Pre-trial settlement of disputes regarding flooding of an apartment is optional. However, this option significantly simplifies the resolution of the conflict. It is important that the claim is supported by other official documents - a flood report, an assessment of damaged property, etc. If the guilty party refuses, these papers can be used in court as evidence.

The document is drawn up directly by the affected person in writing, by hand or on a computer. If there is a possibility that neighbors may voluntarily compensate for the damage, then the requirements are specified in the paper. In such cases, the paper is prepared only so that the perpetrators know the amount of damage caused, how much the victim wants to receive, or how much repair work should be done as compensation.

Advantages

• There is no need to pay state fees in court or bear other expenses required by court proceedings.
• Saving time during pre-trial conflict resolution.
• Having a claim is an advantage for the victim in court if the guilty party refuses to voluntarily compensate for losses.

The question of the advisability of writing a document is considered individually. If the culprits of the flooding are neighbors leading an immoral lifestyle, then you should not waste time on compiling it. In such cases, it is recommended to immediately go to court.

Actions prior to document preparation

If the fact of flooding is not documented, then it is almost impossible to obtain compensation. Therefore, before writing a claim, you need to do everything necessary to ensure that the demands made are justified.

The validity of the claim is confirmed by the following evidence:

• The fact of the bay, the occurrence of damage and the guilt of the neighbors in what happened. To do this, immediately after discovering a flood, it is necessary to call emergency dispatch service specialists, representatives of the management company (MC) or the HOA homeowners association to draw up a flood report. It is prepared within 12 hours after receipt of the application. In some cases, up to 3 days are allotted for writing (clause 152 of the RF PP No. 354). For example, if the time of the incident coincided with the weekend. In addition to informing the authorized structures, it is necessary to notify the neighbors above, who are presumably the culprits, about the accident.
• The amount of damage is determined by an independent assessment carried out by specialized organizations.
• The fact of additional expenses associated with the accident and their size - receipts, checks, etc., confirming the costs of eliminating the consequences of the incident on site.

If the bay is not detected immediately (for example, the owner of the apartment was absent for a long time), then calling representatives of the management company and the HOA is also mandatory. There are no statutes of limitations in such situations.

Sample complaint to a neighbor on a plot of land

I am the owner of a land plot with cadastral number ___________ (specify number)

, at the address: ____________
(specify address)
, based on ____________
(specify the document, by whom and when issued)
.
The area of ​​the land plot I own is __ sq.m., which is confirmed by the materials of the site survey plan dated _________ (indicate the date the plan was drawn up)
.
As follows from the act of approving the boundaries of the land plot, there are no objections from adjacent land users regarding the boundaries of the land plot that belongs to me. At the same time, the owner of the neighboring land plot ___________________ (indicate last name, first name, patronymic)
, having surveyed his land plot, stated that I occupy part of the land that belongs to him and erected a fence, which is actually located on the land plot that belongs to me.
For more than ___ (specify period)
years I have been using the land within the boundaries established by the plan, no disputes with neighbors have previously arisen; I did not sign the act of approving the boundaries of the neighboring land plot, because I do not agree with it. Taking into account the above, guided by the provisions of Article 62 of the Land Code of the Russian Federation,

There are frequent cases in the life of gardening partnerships when neighbors arbitrarily seize part of a neighbor’s plot, and sometimes even place various types of buildings on someone else’s land. Usually neighbors do not voluntarily renounce their claims to part of someone else's land. In accordance with paragraph 2 of paragraph 1 of Article 60 of the Land Code of the Russian Federation, the violated right to a land plot is subject to restoration in the event of unauthorized occupation of the land plot. The Land Code of the Russian Federation, Article 60, also defines the method of influence: “Actions that violate the land rights of citizens and legal entities or create a threat of their violation can be stopped by restoring the situation that existed before the violation of the right and suppressing actions that violate the right or create a threat its violations." Article 62 of the Land Code of the Russian Federation stipulates that, on the basis of a court decision, a person guilty of violating the rights of owners of land plots... may be forced to fulfill the obligation in kind... restoration of land plots within the previous... boundaries. Thus, in order to protect his rights on the basis of Articles 301 and 304 of the Civil Code of the Russian Federation, the victim must apply to the court with a demand to vacate the unauthorized occupied area and restore its border. In addition, Article 62 of the Land Code of the Russian Federation provides for the possibility of compensation for losses in full, including lost profits. And if there are other people’s buildings on the seized land, the victim can demand their demolition and restoration of soil fertility. It must be borne in mind that cases regarding the elimination of violations of the rights of the owner do not have a statute of limitations. Below is an example of a statement of claim for restoration of the boundaries of a land plot . Also see claims on land disputes, legal consultations in Moscow, preparation of claims and representation in court, as well as:

Sample claim

The legislation does not stipulate requirements for drawing up a claim, but it must comply with the norms of official document flow. The text is written in compliance with an official business style, without insults, the use of profanity and the indication of knowingly false information. It is advisable to involve a lawyer in the preparation. This will avoid any errors and inaccuracies during the writing process.

Form and content

The contents reflect the following information:

• Title of the document;
• information about the culprit – full name, residential address;
• details of the victim – full name, residential address, contact information;
• the address of the premises where the incident occurred, down to the apartment number;
• detailed information about the accident - time, place, causes, etc.;
• information about papers confirming the fact of the flood - an apartment inspection report, written testimony from neighbors, etc.;
• description of the damage - indicate the names of the rooms (in accordance with the BTI explication), where the consequences of the accident and the nature of the damage are visible (for example, a dark spot on the wall measuring 1x1 m), as well as a list of damaged furniture and household appliances, if any;
• the amount of losses and the amount spent on the services of hired specialists;
• information about the document confirming the amount of damage;
• claim for compensation for material and moral (if necessary) damage;
• payment period;
• notification of the possibility of resolving the conflict in court in case of refusal of voluntary settlement;
• date and signature.

During the writing process, you should remember that the document has no legal force. The perpetrator is not obliged to fulfill the requirements reflected in it. If neighbors consider the specified amount to be too high or the demands to be unreasonable, then they have the right to refuse pre-trial settlement of the dispute.

The claim may not only show requests for reimbursement of expenses. The victim has the right to independently determine the type of compensation. The main thing is that the harm caused is compensated in full (Article 1064 of the Civil Code of the Russian Federation).

Types of compensation:

1. Compensation for damage due to damage to living space - the victim has the right to demand compensation for repairs to the premises.
2. Compensation for damage due to damage to furniture and household appliances - if not only the premises were damaged, but also the furniture along with household appliances, the culprit must pay for their repair.
3. Providing assistance in restoration - the parties can agree on repairs on their own, then the culprit will only compensate for the cost of building materials.
4. Payment of expenses for assessments or examinations carried out - such events are carried out to confirm the fact that the living space has been flooded due to the fault of neighbors and to determine the cost of repairs.

It is also recommended to indicate a deadline for responding to the application, which should be reasonable. For example, 10-20 days.

Sample complaint against a neighbor on a land plot

An application to the local administration on the issue of suppressing unlawful actions of a neighbor is drawn up in any form. The main thing is to correctly state all the circumstances of the conflict issue with a clear justification of the causes and consequences that occurred as a result of violated rights.

The main provisions that must be reflected in the complaint:

• name of the government agency;
• Full name of the head of the unit for consideration of public complaints;
• name of the application (claim for violation of land boundaries, complaints about violation of drainage procedures, appeal for violation of peace and quiet, etc.);
• statement of the essence of the conflict situation. Description of the events that caused the problems. The nature of the actions of the guilty person, the presence of attempts to resolve the conflict without the involvement of government agencies.

Application against a neighbor.

Where to complain if neighbors on a plot of land burn fires every day, read here.

In addition, in the application, indicate the norms of legislation (civil, land, administrative) that were violated as a result of unlawful actions of the owner of the adjacent land plot.

Finish your complaint with a request to help resolve the conflict situation and take measures to protect your rights. Be sure to indicate the date the document was drawn up and sign.

In accordance with current legislation, such requests are considered within thirty days. It is recommended to make a copy of the application in advance so that when submitting the application, the administration employee responsible for accepting documents will put a registration number on the photocopy. In the future, the period for consideration of the complaint will be counted from the date of receipt of documents. Based on the results of the review, you will be presented with a written response indicating the measures taken against the unscrupulous neighbor.

Submission rules

The document is drawn up in two copies. It is accompanied by an inspection report of the premises, an expert’s report and assessment results. In this case, the report must indicate the direct guilt of the neighbor above. The paper is seized to the owner of the apartment above or to the citizen who lives in it on social rental terms. You can find out who the owner is through the Criminal Code or through the Rosreestr website.

You can submit a claim:

• in person - the fact of receipt is certified by the signature of the culprit on the second copy;
• by mail - delivery is made in the form of a registered letter with acknowledgment of delivery.

The law does not establish the moment when the document is sent to the guilty party, so it can be served:

• before drawing up the act on the bay - if the management company delays in drawing it up;
• after drawing up the report - when the fact of the flood is recorded and the culprit is identified;
• after an examination has been carried out, which will determine the amount of damage;
• after ordering legal services;
• before filing a claim in court.

At any of the listed stages, the claim informs the culprit about the fact that the apartment was flooded, about documenting the accident and about the amount of damage caused.

If the victim’s demands are satisfied, then the fact of compensation must be documented with a receipt (for example, about the receipt of funds, about repairs and other conditions at the discretion of the parties) and a written refusal of further claims.

If the guilty party ignores compliance with the requirements reflected in the statement, the victim should prepare a claim in court.

As practice shows, a claim for flooding of an apartment is made in most cases of property damage, but the parties to the conflict do not always manage to come to an agreement on their own.
This often occurs because victims misrepresent or misrepresent their claims for damages. If you are faced with a similar situation, ask our lawyers how to draw up a document correctly in order to have a better chance of resolving the dispute pre-trial? What documents can you use to confirm your requirements and how to prepare them correctly? You will receive detailed answers to any questions completely free of charge. 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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If ignored

If a citizen or company involved in property damage has ignored the claim or refused to fulfill the requirements, it is necessary to prepare a claim in court.

As practice shows, a claim for damages is filed in most cases of property damage. Since the judicial process requires more time and costs, filing a complaint can contribute to an amicable pre-trial settlement of the dispute. If an agreement cannot be reached, the claim will become one of the evidence in a civil case in court.