Last modified: June 2020
When the neighbors below are flooded, the homeowner finds himself in an unpleasant situation. A plumbing leak, a burst pipe, or an unclosed faucet can cause damage to someone else's property. As a result, both parties suffer financial losses.
In the article we will look at how to determine who is responsible for the flooding if you flooded your neighbors below, what rules are used to compensate for damage, what to do if a flood occurs, how to protect your interests if your neighbors sue.
How to determine who is responsible for the flooding if the neighbors below are flooded?
To protect yourself as much as possible from unfounded claims, you should determine the person responsible for the spill.
In what cases is the management company to blame?
Each apartment has common building elements of communal equipment. The residential premises have a heating system, a water supply riser and a sewerage system. The management company is responsible for this property on the basis of an apartment building management agreement.
In accordance with the norms of paragraph 10 of the Rules of August 13, 2006 N 491, the management company must ensure the constant readiness of engineering communications that are part of the common property of the apartment building. It is obliged to adhere to the standards and operating rules established by the Government of the Russian Federation.
If the homeowner flooded his neighbors through no fault of his own due to a break in the water supply riser or a failure of the sewer system, then the management company will be responsible for the damage. A similar rule applies to roof leaks.
When does the fault lie with the owner of the apartment?
The homeowner is responsible for the pipes inside the apartment to the shut-off and control valve connecting the plumbing equipment to the general building engineering system.
A citizen will be responsible for damage through his own fault if the leak occurred due to:
- faulty plumbing installed by the owner;
- breakdown of the washing machine or dishwasher;
- overflowing bath;
- open tap.
You should know! In cases where poor-quality plumbing fixtures have become unusable, responsibility is shifted to the seller of the goods. In order to prove his guilt, it is necessary to keep the purchase receipt and conduct an examination of the quality of the product.
Answers to the most frequently asked questions
Where to go when flooded?
The first step is to eliminate the causes of the leak and record the fact of what happened. To do this, you need to call your service company.
The arriving master must conduct an inspection and draw up a report. This point needs to be monitored, because without documentary evidence of the flooding and its causes, it will be difficult to prove one’s innocence in what happened.
Is a damage assessment necessary?
If, after a flood, disputes arise with neighbors or the management company, then it is better to make an assessment of the damage. This will help to avoid the other party underestimating or overstating the extent of damages.
When can you not pay?
You can not pay when you prove your innocence in the flooding. To do this, it is worth documenting the facts of the flood, its causes, and the extent of the damage. If the fault lies with you, then you need to look for peaceful ways to resolve the issue with your neighbors on favorable terms.
If you happen to flood your neighbor, don’t panic. It is important to take all measures to find out the causes of the flood. If the culprit is the Criminal Code, then it is worth collecting all the necessary evidence to prove this fact.
And you should be prepared for the fact that you will most likely have to sue the management company. Therefore, it is advisable to have documents on hand confirming the fact of the flood, its causes, and the amount of damage caused.
You can find out what to do if you flood your neighbors by watching the video:
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Discussion: 5 comments
- Nikolay says:
09.22.2018 at 09:53I understood this: if I changed the heating radiators in the apartment myself and they leaked, thereby flooding the neighbors, then the fault lies with me. And if a pipe leaked to the radiator, which was not touched, then the Criminal Code is responsible.
Answer
- Valeria says:
12/14/2018 at 00:52
I believe that in any case it is better to assess the damage with the help of outsiders, so that later there are no threats and disagreements with neighbors, unfortunately this does not happen rarely, but the problem must be solved.
Answer
- Olga says:
01/17/2019 at 19:07
Does it make sense to purchase flood insurance if your neighbors have already flooded?
Answer
- 5master5 says:
02/11/2019 at 09:07
If a similar situation occurs, when the tenant, through his own fault, flooded the neighbors below, then what is the right thing to do? After all, the residents of the damaged apartment will try in every possible way to increase the amount of damage and will even bribe experts.
Answer
- Valya says:
08/07/2019 at 03:36
On the one hand, it is very correct when money for damage is paid by the company that is involved in this, on the other hand, neighbors usually believe that a person should monitor the condition of the pipes himself.
Answer
How is compensation for damage caused by flooding of neighbors made?
The homeowner who violated the rights of the owner of the apartment from below is obliged to fully compensate for the losses caused to him (Article 1064 of the Civil Code of the Russian Federation).
A citizen must pay for property damage if the following conditions are met:
- The flooding of neighbors was due to the fault of the homeowner. For example, the owner of the apartment forgot to turn off the tap and the water overflowed from the bathtub.
- There is a cause-and-effect relationship between the actions of the apartment owner and the resulting consequences in the form of a leak. For example, when connecting a washing machine to the utility system, the hose was connected incorrectly, which led to a leak.
- The flooding of the apartment from below resulted in damage to other people's property. For example, a neighbor’s wallpaper peeled off due to moisture, the furniture got wet, and the suspended ceiling was damaged.
In order not to pay for damage, you need to prove that the flooding was not the fault of the apartment owner.
Example. Gazdanov S.N. filed a lawsuit to oblige SK Dominvest LLC and G.N. Vasnetsov. repair the toilet room and sewer riser. He indicated that his apartment was flooded as a result of poor quality work on the installation of the sealing collar connection. As a result, the sewer riser became unusable.
During the investigation, a construction and technical examination was carried out. The expert established that the technical reason for the flooding of the toilet in S.N. Gazdanov’s apartment was is prolonged exposure to moisture that flowed vertically down the sewer riser. The sewer riser is the common property of the apartment building, so responsibility for the bay lies with the manager.
The court ordered the management company to repair the sewer riser, walls, ceiling and floor in the toilet of the plaintiff’s apartment. In satisfying the claims against Vasnetsov G.N. refused because he is innocent of the flooding (Appeal ruling of the Stavropol Regional Court dated June 11, 2019 in case No. 33-4238/2019).
Important! Judicial practice shows that responsibility for the bay can be assigned to the tenant of the residential premises. He will be responsible for flooding in the case when the fact of renting out the apartment is formalized by a civil contract. The lease agreement must specify the scope of liability for damage to third parties as a result of improper maintenance of the lessor's property.
What to do if the apartment is flooded below: step-by-step instructions
If your neighbors flood below, you need to try to get out of the unpleasant situation with the least amount of money, time and nerves. We recommend following these steps:
Step 1 – Finding the Source of the Flood
The first step is to establish the cause of the flooding. If technically possible, you need to turn off the tap and turn off the electricity. To reduce possible damage, neighbors should collect all water from the floor.
Step 2 – Call emergency services
Then you need to invite the emergency service workers of the management company. The call must be recorded in a special application log. It is advisable to request a copy of the journal entry. In the event of a legal dispute, it may be needed as evidence.
Step 3 – Negotiations with neighbors
Before the emergency service arrives, it is recommended to meet with the neighbors and first inspect the premises to assess the damage caused. At this stage, it is advisable to begin negotiations on a peaceful resolution of the conflict in case the guilt of the apartment owner from above is confirmed. You can agree on the procedure for eliminating the damage caused and paying for restorative repairs.
Step 4 – Recording the fact of the flood
Together with the neighbors below and emergency service workers, the fact of flooding and the damage caused is recorded.
An apartment flood report is drawn up, which must contain the required information:
- composition of the commission (neighbors above and below, employees of the management company, witnesses);
- date and time of recording the fact of flooding;
- address of the apartment being examined;
- description of damage to the engineering system of the apartment building and the causes of the flood;
- in which premises the flooding occurred;
- description of the condition of the premises after the flood;
- list of damaged property;
- the expected scope of restoration work;
- an indication of the presence of the upstairs neighbor and a representative of the management company when drawing up the act;
- signatures of the commission members.
Photographs, diagrams, and video materials are attached to the act.
The act must be signed by the head of the management company or the chairman of the HOA. The organization's seal is also affixed.
Step 5 – Conducting an examination to assess damage
In order to accurately assess the damage and the scope of restoration work, an independent examination is carried out. The owner of the apartment above should take an active part in the examination. This determines whether his innocence will be established.
You should agree with your neighbors to call an independent appraiser. It is in the interests of both parties to split the cost of the examination in half.
A specialist inspects the premises, records damage caused by the flood, and estimates the cost of restoration. The findings of the study are recorded in a conclusion, which can form the basis of an agreement on voluntary compensation for damage.
Step 6 – Concluding a damage compensation agreement with neighbors
If, based on the results of the assessment, the fault of the apartment owner is established, the optimal solution would be to resolve the issue with the neighbors peacefully. This will avoid the cost of legal fees.
The agreements reached are recorded in the form of a written agreement. It must reflect the following mandatory points:
- information about the parties to the agreement;
- information about the affected apartment;
- subject of the agreement (amount of compensation);
- links to the inspection report and appraiser's report;
- deadlines for payment of funds;
- rights and obligations of the parties.
The fact of transfer of funds to the injured party must be recorded with a receipt.
If difficulties arise when drawing up a flood report, conducting an examination, or concluding an agreement on voluntary compensation for damage, it is advisable to seek help from an experienced lawyer . He will help you correctly prepare documents and tell you how to properly interact with the injured party and the management company.
To minimize the costs of damage compensation and assign responsibility to the management company, it is necessary to carefully record the causes of flooding and the damage caused.
What to do if the Criminal Code is to blame?
If the cause of the flooding is a malfunction of common property, then the management company should be held accountable for this. To do this, you need to call a representative of the management company to leave the corresponding act.
It is worth discussing this issue with neighbors who were affected by the flood. It is recommended not to touch anything before the management company’s employees arrive, but it is even better to record existing damage and the consequences of flooding.
When drawing up a report on the accident that occurred, you need to carefully monitor the management company employee so that all data is entered into the document without distortion. If there are objections, you can make a note about this in the act.
The next step is to file a claim demanding compensation for damage caused by the flood. It must indicate the fact of flooding, its cause, and refer to the rules on the responsibility of the management company.
It can be compiled by residents of an individual apartment or collectively. Especially when several apartments were damaged by the flood.
The completed and signed document must be taken or sent by registered mail with notification to the Criminal Code. Further actions will depend on the response received from the management organization. If it simply does not exist or is negative, then the problem will have to be resolved through the courts.
What to do if neighbors sue?
It happens that the injured neighbor does not agree to resolve the conflict peacefully. He goes to court to recover damages and compensation for moral damages from the homeowner.
If the defendant is sure that the flood was not his fault or the plaintiff has overestimated the amount of compensation, an objection to the statement of claim should be sent to the court.
Objections must be accompanied by:
- photographs of the damaged apartment;
- video materials;
- inspection report.
You can also file a petition to question witnesses who were present during the inspection of the flooded home.
If you disagree with the amount of compensation, it is advisable to file a petition for a forensic examination. A repeated study by an independent appraiser will allow us to establish the exact cause of the leak, the person at fault and the objective cost of repairs.
It happens that the decision is not made in favor of the apartment owner from above. If he does not agree with the court's conclusions, it is necessary to file an appeal against the judicial act. It is important to have time to send documents to a higher court within the time frame allotted for appeal.
Damage assessment from the bay
You can entrust the assessment of damage received to any specialized company. At the same time, it is better to make sure in advance of the competence of its employees and read reviews about its work.
The appraiser will have to inspect the damaged apartment and draw up his opinion on the amount of damage received.
This document must be presented to the court. If the case has not yet reached the court, then using the assessment report you can negotiate with neighbors about the amount of repairs or with the management company about compensation for damage.
