What to do if the lower neighbors are flooded and how to assess the damage?

It's a matter of life. Flooded neighbors. However, those who live from above are not always guilty of this trouble. We will tell in the article what to do if you flooded your neighbors, how to assess the damage and determine whose fault this happened.

So, you flooded the neighbors from below. Do not panic. When a flood is detected, the first thing to do is to identify and eliminate the cause. If it's a simple water leak, turn off the faucet. When the cause is a burst pipe, you need to call the emergency service or plumber.

After finding out and eliminating the cause, you should go down to the neighbors to find out the extent of the damage. It is desirable to remove the condition of the apartment in a photo or video. These materials will help if your neighbors file a lawsuit against you.

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If the neighbors do not let you into the apartment, but intend to demand compensation for the damage, it is important to know that such actions are illegal. Until you are sure that the damage has been done, you are not obliged to pay anything or anyone. A compromise solution is the call of an independent expert. If the neighbors also refuse such an alternative, then according to the law, nothing needs to be paid without an assessment.

When neighbors agree to the inspection and examination, you must be present in person during this procedure. It should be ensured that the amount of damage is indicated correctly, the cause of the flood is clearly stated and the perpetrators are identified.

Participate in the examination in your interests. This way you can prevent fraudulent collusion between victims and experts. Be sure to ask for copies of all relevant documents.

It’s good if at the time a leak is discovered, the neighbors below are at home. So they can remove valuables before the water seeps into their apartment. Much worse if no one is at home. In such a situation, you should try to negotiate with your neighbors without going to the judiciary.

Flooded neighbors from below: how not to pay?

In all residential premises of an apartment building there is equipment that belongs to the common property. For example:

• elements of central heating;
• risers of hot and cold water supply;
• sewer line.

According to Decree of the Government of the Russian Federation No. 491 dated August 13, 2006, the maintenance of the above property is the responsibility of the management company. If the leak occurred due to a malfunction of this equipment, the owner of the apartment from above will not be responsible for the damage.

However, often the owners themselves change the common house equipment located in their apartment. Such repairs without the consent of the management company are illegal. If in a situation where you flooded the neighbors from below, the fact of unauthorized replacement of equipment is revealed, all responsibility will fall on you.

If a leak occurs due to damage to the pipes that are located after the stopcocks, as well as due to a breakdown in plumbing equipment, then the owner of the apartment will also be responsible. But there are exceptions to this rule. The owner is released from liability if:

• at the time of the leak, tenants live in the apartment under a lease agreement;
• the flood arose due to poor quality equipment (the seller will compensate for the damage if you have the receipts and this reason is confirmed by the examination);
• the leak occurred as a result of poor-quality repairs or installation made by hired workers under a work contract.

In all other cases, it is more likely that the owner will have to pay the amount of damage. Let's take a closer look at what to do and when you can not pay if you flooded your neighbors.

What to do if you flooded the neighbors from below through your own fault?

Let's assume that it's your fault. What to do? Almost everything depends on what kind of neighbors you have and what kind of relationship you have with them. The mentality of our people is such that no one likes to get involved with government agencies, usually all everyday troubles are resolved on the spot. Try to negotiate amicably. Together with the victims, assess the damage and pay for it.

If you are not the owner, and he is the culprit, then you are also the injured party. Demand damages from him not only to neighbors, but also to you.

If the apartment belongs not only to you, but is in shared ownership, then the amount of damage will be divided among all co-owners in proportion to their shares. However, if you do not live in the apartment where the accident occurred, provide a certificate from the place of registration. It will be needed if the case goes to trial.

What to do if the neighbors from below are flooded through no fault of their own?

If the flood was not your fault, you need to prove your innocence. First, find out how many apartments downstairs were damaged in the accident, and explain to the neighbors that this is not your fault.

Residents of apartments are not responsible for the following situations, as a result of which the neighbors were flooded:

1. Defects and breakdowns in the water supply system, if the owner did not make unauthorized repairs.
2. Worn pipes.
3. Ignoring the timing of scheduled repairs of equipment by housing and communal services or the management company.
4. Breakthrough of pipes, which are located in the ceilings between floors.

When all the neighbors agree that claims should be made to the management company, it is necessary to collect all the documents, as well as record the consequences of the flood using a photo or video.

So that you, as the owner of the apartment above the victim, do not have to pay damages, you need to prove that the accident was caused by the poor quality of the work of the housing and communal services and the management company. You can also claim compensation for non-pecuniary damage.

In some situations, it is not the organizations serving the house that are to blame, but the equipment manufacturers. If, as a result of the examination, it turns out that the problem is in the elements of the plumbing or heating, then all responsibility lies with the manufacturing company.

It is imperative to draw up an act of flooding (we will discuss this in more detail below), and then prepare a collective claim against the culprit of the accident. If he does not deny his guilt, then an independent appraiser determines the amount of damage paid by the guilty party. When an organization is against compensation for damage, go to court.

Flooded neighbors from below: how much to pay?

When the neighbors below are belligerent and demand payment of damages, or you are mutually determined to recover damages from other perpetrators, call the employees of the management company to draw up a flood report.

This is a very important document. It confirms the fact of the accident, indicates the alleged causes of the water leak, and also describes in detail the affected property. If there is disagreement about the cause of the flood or the extent of the damage, this is also documented.

The act is drawn up with the participation of all victims, with the involvement of witnesses and specialists (technical site foreman, locksmith, person responsible for water supply). The entire process of drafting the document should be kept under control. Often, employees of the management company shift the blame for what happened to the owners or try to reduce the amount of damage.

The amount of damage is calculated individually. It can be calculated in three ways:

1. Judicially. The data of the appraisers from the side of the plaintiff and the defendant, as well as the forensic expert will be taken into account.
2. Based on the average market value of damaged property on the basis of the act.
3. The parties to the conflict jointly calculate the cost of materials.

Compensation for damage is paid if the following documents are available:

• the act of flooding;
• estimate for the restoration of the state of the apartment;
• appraiser's opinion;
• certificate of ownership, an extract from the USRN or a social contract of employment.

After payment of compensation, it is imperative to obtain a receipt of receipt and absence of claims. This document is notarized.

Any actions of the injured party, if in your opinion they are not lawful, can be challenged in court.

How to prove your case in court?

The court will oblige the defendant to pay compensation if he does not prove that he is not at fault for the leak. Your position must be stated and justified in the objection to the statement of claim. The defendant's arguments may be:

1. The flooding occurred due to the lack of maintenance of the equipment by the management company.
2. Inspection of the affected premises, damage assessment and drawing up of an act were carried out without his participation.
3. The amount of damage claimed by the plaintiff was calculated with violations (for example, the moral and physical depreciation of the property was not taken into account).

Based on the arguments, the defendant has the right to petition for a forensic examination. If the court satisfies the petition, then the following is carried out:

• examination of the causes of flooding;
• damage adjustment;
• examination of causal relationships between the accident and the damages claimed by the plaintiff.

If it is obvious that the neighbors below were flooded through your fault, then it is better to negotiate with the victims without going to court. So you will avoid the costs of litigation (payment of state duty, reimbursement of expenses to the plaintiff, payment for the examination).

If you flooded your neighbors from below, you don’t know what to do in such a situation and how to assess the damage, contact a professional lawyer for advice. He will give advice on how to legally reduce the amount of the payment or prove his innocence in what happened.