Flooded the bottom neighbors: what to do to eliminate the problem

Sometimes we voluntarily or involuntarily becomes a party to the unpleasant incident. For example, we had a flood and the water, breaking the overlap, flooded the apartment below. And well, if only one!

Moreover, it is now in their own housing need to do unscheduled repairs, so more and neighbors damage, that and look, will have to repay. So, you have flooded the bottom neighbors: what to do in such a situation? We talk about this in our article. Also look at how to establish the perpetrator of the flood and to draw up the act of flooding.

Here are possible scenarios and how to solve the problem in detail considered peaceful settlement by holding constructive talks and resolve claims in court order.

What to do first?

Minute frightened, self-pity and self-flagellation acute attack took place? It's time to get down to business! You have to think about how to minimize the consequences of an accident and not to aggravate while his so unenviable position.

The first steps should be:

• if the leak source is located in the territory of your apartment, you must cut off the water with the help of ball valveBy stopping its flow to you;
• unplug their housing, to avoid short-circuiting, and an electric shock overtake everyone who is currently in contact with water;
• call the management company (CC) and invite plumbers;
• if flooding occurred in the output, call the emergency services;
• as quickly as possible to collect water, which is you on the floor so that it is not leaked below;
• if your responsibility for flooding or your apartment is insured, be sure to call your insurance company and act in full accordance with the instructions.

Everyone knows that the neighbors flushing especially no one will, and you are not only the perpetrators but also victims in this situation.

If trouble occurred during the working day, try to do the following:

You do not doubt that the lower apartment tenants will necessarily come to you?

It makes no sense to hide from them and thereby contribute to a worsening of relations: try the first minutes of communication to find common language with them.

Explain the neighbors that, despite the fact that the water flows out of your apartment, to blame the flooding can not be you. This becomes particularly evident when the neighbors downpour did not abate after you turn off the tap water at home.

It also happens that the source of the leak is hard to find - no beating up the jets, and the water had already spread through all the rooms.

We are looking for a place of risk, hidden behind fixtures, countertops, gypsum board partitions:

We are looking for the culprit in a flood

The answer to this question is not as obvious as it may sound to your neighbors. In apartment buildings (MKD) has a general property that belongs to all the owners of residential buildings. The order of its content is installed Rules approved August 13, 2006 Government Decree № 491 (The Rules).

Elements of engineering equipment and communications are common house and in a residential area of ​​the apartment owners.

Such assets include:

• riser hot and cold water;
• sewage pipeline;
• central heating system.

In accordance with the rules inappropriate content obschedomovogo property MCD entails responsibility of the organization with which the homeowners have entered into a corresponding agreement, ie the CC - control company.

Option # 1 - Management Company

If the leak occurred due to an emergency condition of the riser, will have to compensate the damage caused managers. By the way, the flooding resulting from leakage of the roof of an apartment building - it is also the managing company of wine.

But you should pay attention to the circumstances that contributed to the leak. For example, you yourself, without notifying the operating organization and without getting permission from her, made the replacement of risers or sewage water. Such actions are illegal, as well as any unauthorized intervention in the operation of these communications.

If the fact of such unauthorized intervention will be established, the responsibility incurred by the owner of the apartment in which illegal work performed.

Option # 2 - The owner of the apartment

The first shut-adjusting valve, shut-off the water in the flat belongings obschedomovoe separates from inside apartment. If damage has occurred pipe after the tap water missed or faulty plumbing or other equipment, connected to water (washing, dishwasher, etc.), then the answer will be the owner of the apartment - source flooding.

But even in this case, may be nuances that must be considered.

These include:

• The presence of tenants. The owner may not be accommodated in the apartment. If the leak allowed tenants or tenants officially residing in this place according to the agreement, it is necessary to read the conditions of liability prescribed in the contract.
• Defective equipment. When buying a washing machine or dishwasher, the toilet cistern, mixers, cranes and other equipment, keep the receipts. They confirm the fact of purchase, and allow the owner to invoice the seller, if the examination recognizes sold them defective goods. In this case, the seller will have to answer, and for damage caused by defective products, which he sold.
• Substandard repairs or installation work. If hired equipment the organization has established a violation of the regulations, it will be responsible for the poor performance of the work and of the negative consequences caused by this circumstance.

Sometimes it can lead to flooding water hammer or jump in the voltage. In this case, the guilty can be resursosnabzhayuschie organization. But do not forget that working appliances (washing machine or dishwasher) should not be left unattended.

If the flat is leased, the faulty valve or for emergency pipe disposed in the area of ​​responsibility of the owner is generally responsible landlord. But for the overflow in the bathroom or kitchen because of unattended open the crane is responsible tenant.

As you can see, setting the cause of the flood, and we will determine the culprit of what happened. But sometimes it is necessary to reveal the truth will have to spend money and time.

Option # 3 - third parties

If there is confidence in the fault of third parties, it is time to remember that your apartment and property also suffered. To fix the fact of flooding and to determine damage caused by water, should draw up a statement of the bay.

It's time to determine who of the bottom neighbors suffered during the accident. Explain to them the cause of the incident. Proceed to the collection of documents, which will be useful to establish the fact and extent of the damage. Try to take a picture of everything that happened, and remove the video.

The nuances of making the act of flooding the apartment

An act in which the fact of the flooding and the damage to property and the apartment of the victim harm - this is probably the most important document for you. Therefore, its contents should be taken very seriously.

be sure to invite two or three witnesses for the preparation of this document. Then it turns out that an act drawn up by the Commission. Well, if the document itself and the repair bill, which is attached to it, will sign a representative of the Criminal Code. If he refuses to sign, just mark his refusal in the very act.

This document shall contain the following information:

• to fix the fact of the flooding of your home with the date and time of preparation of the report, the full address of the apartment, the number of rooms in it and the floor on which it is located;
• description of damage to the premises and property (furniture, appliances) located in them;
• cause leakage (exact if it is not a matter of dispute, or suspected).

In fact, drawing up of such an act is the responsibility of the representative of the management company, but it is better to duplicate the document, especially in the case of disputes in its drafting.

Practice shows that the CM experts try in every situation "not notice" their own fault, to reduce the scale of the accident consequences and ignore important facts for the injured party. Sometimes, they even try to delay the act of writing, so that then do not make it.

The act should be reflected all disputes arising from the parties in the course of determining the culprit of the accident or when determining the amount of damages. By the way, all damage caused to the property of the victim, can be detected immediately, but after 2-3 days.

For example, there may be yellow circles on the walls or flooring reared. These property losses may be made on the defective sheet in the form of a supplement.

If you are the originator of flooding, be sure to get your hands on a copy of the act and the damage report, in it to "accidentally" no hit, e.g., the failed home appliances without having to the incident no relations.

The next step is the nomination of the person responsible for the flooding claims. Make it can all victims collectively or each individually.

Options for damage assessment

As a result, flooding plagued the room as a whole: it can sag suspended ceiling, peel off the wallpaper and decorative elements, suffer or laminate flooring. It may be damaged wiring. Loses its appearance soaked furniture, burn equipment. How to assess the damage in monetary terms?

Drawing up a contract out of court

If the injured party is willing to reach an agreement out of court, it is possible to use one of the following methods of evaluation:

• Take as a basis for an act of flooding and, together with its neighbors, think for estimated compensation that would suit both sides. If the parties' agreement is reached, it is necessary to fix this fact, reaching a separate agreement. Point it to a specified amount, and reassure her signatures.
• You can define the flow and types of materials that will be needed to carry out work to restore damaged apartments, then the culprit Gulf buys all this in the store at his own expense and pay for the repair works.

This arrangement is better, too, it will issue a certificate that the victims do not change your mind.

The instruments do not forget to mention that after the payment of all claims of damages to the injured party will be fully satisfied. Money needs to be transmitted only with the preparation of receipts in obtaining them. After the work, too, need to take the receipt that the agreed work of good quality made in full.

Independent examination

If the conflicting parties fail to agree on the amount of loss, you can resort to the help of independent experts:

• As an independent expert may be invited to an expert appraiser of appraisers agency or Chamber of Commerce. With it must conclude a contract and, as a result of the work done, it should make a conclusion and issue a receipt of payment for his services. Expert Services can pay for one or both parties to the agreed shares.
• It is possible that an expert conclusion does not satisfy the sides, then we can only appeal to the court.

Based on the flood certificate, photos and video footage, witness statements and documents confirming the value of damaged property, the court must make a decision. He may require the examination.

The trial - the case soon. Approaching this way, you should know the prospects of the business.

Methods to resolve the conflict

The case ended with minimal losses both sides of the conflict, if both are manifest desire to communicate politely and constructively.

Method # 1 - bilateral constructive talks

You can always find a compromise, if the victims remember that repairs in their apartment is already very long ago was not, and spoiled the property was an old, although it is in working condition.

Perhaps, aggressive neighbor will affect the following arguments put forward by third parties, which both parties rely on:

1. Before the trial began, the claimant will be required to pay stamp duty, depending on the amount of the claim. That is, he will incur upfront costs. Also included in his expenses should include consultant and lawyer.
2. We had no case law, so to say exactly which side to support the court, it is very difficult. It is possible that the plaintiff's costs will be in vain.
3. If the court decides on the appointment of examination independent appraiser services also pay the plaintiff. The Court needs of professional judgment on the data which it will rely.
4. As a source of reparation established in court, it can only be the income that officially receives the defendant. If the agreement (contract) with the employer, the defendant is not present, the maximum amount that the court will oblige him to pay, is 1/5 of the cost of living.

Usually, the realization that you can get by agreeing peacefully, some sum now or by a court decision for a long time to collect a penny, which will inevitably eat inflation, sober.

Perhaps the victims just do not know that in calculating the damages do not take into account the purchase and the estimated value of the property. For the money, which can be obtained as a result, not be able to buy new equipment. In the best case, you can simply repair the old one.

If its own nuances and reclamation of non-pecuniary damage. Since the anguish - the notion of the ephemeral and the court physical evidence needed, it will have to present an extract from the medical book, confirming at the deteriorating health of the facts to doctors because of the experiences associated with flooding. Receipts from the pharmacy will also work.

Method # 2 - solution to the conflict in court

Not in all cases, conflicts end of the world. What awaits you in court, if you really were the culprit flood the neighbors below? As practice shows, the court usually stands on the side of the plaintiff. The actual benefit of the defendant's guilt can be overcome with facts in his defense.

Proof of his innocence, the defendant encouraged to provide in writing in the form of objections. Arguments need to substantiate, validate, video, and the testimony of witnesses.

The most effective arguments are the following:

• flooding occurred as a result of improper performance of the management company of its responsibilities for communications services;
• documentation relating to the inspection of premises after the Gulf, as well as assessment of the damage is not objective, since inspection was carried out in the absence of the defendant or in the act is not his remarks be reflected, no signature, and other relevant requisites;
• overstated the plaintiff's claim, since the wear of the property has not been considered or included work not related to the liquidation of flood consequences.

The culprit of the accident should understand that, if his arguments are not accepted by the court, he, in addition to the principal amount of the claim shall be and reimburse legal fees, which include legal costs and attorneys' fees, legal counsel, independent expert. Therefore, we must make every effort to solve the conflict peacefully.

Particular attention is paid to the collective court actions. If flooded several apartments, then most likely, it will demand collective.

Obviously, because of mischief or malice normal adult will not fill the neighbors below, but the possibility of such a situation can not be excluded. After all, that is what an accident. But, despite the fact that damage to property neighbors caused by accident, trouble for it can be very, very significant.

If you accidentally flooded neighbors above, Be sure to deal with the fact where to go and how to act in this situation.

Conclusions and useful videos on the topic

However, his civil liability for the flooding of neighbors can be insured. Learn about this product of insurance companies from the following video:

Video-consultation legal representative of the company will allow you to organize the information contained in this article is to summarize All information received and to determine its sequence of actions in the event of your guilt in the sinking housing located below floors.

If the information contained in this article, you received before the unpleasant situation with the flooding, hopefully, you will protect yourself, once again checking the status of plumbing fixtures and appliances connected to the network water supply. Quite possibly, you decide to insure their civil responsibility, which is also correct.

Are you familiar with the property by flooding the neighbors below is not by hearsay? Share your experiences with other users, tell us, how serious was your situation and whether you were able to resolve it peacefully. Or maybe you specialize in legal support of such cases in the court and want to supplement our article useful recommendations? Write your comments in the box below.