Such trouble happens often and on any floor. Only those who live directly under the roof may not be afraid of sudden flows of water from above, however, only if the roof of the house is in perfect order.
If a person lives in an old house, then the likelihood of a flood increases due to the poor condition of the pipes and heating system. And in new houses one cannot consider oneself protected from such a nuisance as the bay of an apartment. What to do if there are unforeseen "precipitations" in the dwelling, and rivers of water run along the walls? Where to apply for an apartment bay? And what to do first?
If trouble comes
First of all, you should call the housing office dispatcher and report that the apartment has been flooded. The duty phone should be stocked up in advance. You can also visit upstairs neighbors to let them know what happened.
It is possible that the neighbors simply forgot to turn off the tap, and further damage to property can be, if not stopped, then at least significantly slowed down.
Fixing the problem
When all taps, valves and risersare blocked, and the bay itself of the apartment by the neighbors is fixed from above by a public utility worker, it is necessary to ensure that an act of filling the apartment is drawn up with a detailed description of the damage received as a result of the incident. In this case, you should keep one copy of the document.
It does not hurt to carefully look at what exactly the utility employee writes, along the way, you should check and fix the condition of household appliances, check what happened to things on the mezzanines and in cabinets. You should mentally prepare for the fact that the full picture of the destruction will appear only after a few days, therefore, in the act drawn up at the time of the bay, you need to reflect everything as accurately as possible.
First - talk…
But when all the damage appears, you can meet with the neighbors from above and agree with them on compensation for damages (if the apartment was flooded through their fault). It can be explained that the court will have to pay more, if only because they will also have to reimburse legal costs.
If it was possible to reach an agreement on the amount of damages, it is better to fix the result of the negotiations in writing, and even certify it with a notary.
And if it was not possible to agree…
If neighbors are not at home or they do not open, do not show willingness to discuss the current situation, you can continue the process yourself.
An independent expert organization will make the necessary calculations and estimate the cost of the upcoming work. The fact that an independent appraisal of the apartment will be carried out afterbay, it is better to notify the neighbors by sending them a telegram with a notice 3 days in advance. Then they will have time to re-evaluate and think about the benefits of amicable negotiations.
A specialist with authority from an expert organization will draw up a report in which the damage will be reflected to the smallest detail. The bay of the apartment is carefully analyzed, photographed and all visible traces of water exposure are recorded. If there are checks that reflect the cost of furniture, household appliances, you need to collect them before the arrival of the expert.
It's not bad to show and add to the description of the paper, which reflects the funds spent on finishing the premises, this can be, for example, a contract for finishing work, other written evidence suitable for the circumstances.
Go to court
Now that the expert opinion on the damage and its assessment, duly executed, are in hand, you can start drafting and filing a claim with the court.
An experienced lawyer will help to correctly draw up an appeal to the court, and we should not forget that both the work of an expert and the help of legal professionals can be attributed to involuntary expenses, and require the perpetrator of the "celebration" to reimburse them.
A little more about independent expertise
This event, conducted by disinterested parties, helps to obtain a relatively objective assessment of the damage receivedinjured. In a situation where there are two parties unable to agree on the amount for damages, the expert organization is assigned the role of an arbitrator.
As a result of the inspection and evaluation of the property, it is revealed how much money needs to be invested to bring the damaged home to a state similar to that before the bay condition, not new design and furniture).
Examination can be carried out not only by the victim of the bay, but also by his opponent to obtain an objective picture of an unpleasant event. In addition to resolving a dispute between neighbors, a court can turn to an expert commission if it is decided that a re-evaluation is required.
Skilled independent experts will help the two parties to reach an agreement one way or another and will save neighbors from below from underestimating the damage, and neighbors from above from having to pay unreasonably much. Documents obtained as a result of an independent assessment can be an excellent argument both in court and when dealing with an insurance company, so it is worth going to the expense to at least reduce your stress in the future.
In addition to the act on the bay, by the time of the examination, you should prepare an identity card, documents on the rights to real estate, BTI registration certificate, checks and contracts for construction work.
And if everything is the other way around, and the neighbors downstairs are already knocking on the door…
What action should be takento the side affected by the bay, it seems to be understandable. And if the situation develops differently, and the tenant becomes the guilty party and is responsible for flooding the apartment, what should I do?
In this case, too, one should not sit idly by. After shutting off all available taps and valves, you need to urgently call a public utility worker to turn off the water in the risers and, if possible, determine the cause of the bay.
It's one thing if the faucet was simply not closed, the bathtub overflowed or another water leak occurred due to oversight or forgetfulness. Also, one of the reasons for an unforeseen flood may be the installation of faulty plumbing equipment or self-installation of taps and other things with non-compliance with the necessary rules. This possibility must also be taken into account, and when contacting third-party companies for the installation of plumbing, be sure to require a report on the work done listing the installed parts in writing, with signatures and warranty obligations.
However, apartment flooding can occur regardless of the people living upstairs. Water leakage sometimes occurs as a result of improper installation of pipes and other equipment by employees of the housing office, which is not the responsibility of the tenant.
If no one took a bath in the apartment at the time of the flood, no laundry was done, no one tried to arrange a pool in the room, you need to make sure that this fact is reflected in the act of the bay. Especially if no one was at home during the accident, there are no signs of flooding in the apartment itself.
It must be taken into account that the fact of water leakage is not the fault of the tenantapartment does not please public utilities, so special care and perseverance should be shown. Indeed, in case of flooding through the fault of the housing office, it is he who will have to pay and compensate for losses.
If any parts were removed during the process of stopping the water or inspecting plumbing, they should be saved, put in a bag and later used for examination. In general, you should carefully collect all the facts that can help prove the absence of direct fault of the tenant of the apartment, and thus avoid excessive material expenses for yourself.
If it is obvious that you will have to pay…
No matter whose fault the apartment was flooded, the neighbors, without falling into mutual hostility, need to meet and try to agree on a mutually acceptable amount in a pre-trial order. A positive result of the negotiations must be reflected in writing and certified by a notary (to avoid an increase in appetite).
If it was not possible to solve the problem, you should not be eliminated and let the situation get out of control. During the independent examination, it is better to appear and take part in the inspection of the damage. This will help prevent faults that are not related to what happened from being recorded in the documents. The lack of fresh repairs, expensive finishing materials, the wear and tear of things in the apartment - all this should be reflected in the inspection report. When measuring areas exposed to water, you should check the correctness of the measurements so that you do not pay more than it should.
If the resultingthe amount does not suit you, you need to urgently contact a lawyer and demand the appointment of a forensic examination and an assessment of the damage.
If the upstairs neighbor is not to blame
Sometimes it happens that there is no fault of the upstairs neighbor in the bay. During the work carried out by employees of public utilities, faulty equipment can also be used, mistakes are made. In houses with old communications, there may be pipe breaks and other damage beyond the control of the residents of the house.
Of course, the person who is primarily interested in the fact that the bay of the apartment was found to be the fault of the utilities is the one who is accused. However, the injured party should not bypass this side of the issue, because if the neighbors from above manage to prove their innocence, then the damage will remain unpaid. Perhaps we should act together and defend our interests legally correctly, then the housing office will have to compensate for the losses of both sides.
And who is to blame then?
Under the housing office now mean the management company (MC), which is obliged to maintain the house in good condition. For this, the management company receives payment from the tenants in the form of utility bills. Both the necessary repair work and payment calculations are made on the basis of an apartment building management agreement.
Accordingly, if the damage is caused as a result of oversight or improper performance of the duties assigned to the management company, then it is she who must compensate for all losses.
However, the management company itself is not engaged inreplacement of pipes, wiring and other works. To do this, she concludes a service contract with a company that takes care of all current work. This contractor, along with the management company, is responsible for technological safety and the quality of ongoing repair activities.
However, attempts by the victims to sue them are doomed to failure, as the tenants do not have the legal right to demand that the repair company be held responsible for the wrong work. The reason for this is the lack of contractual obligations directly to the tenants. Thus, nodding at the contractor, the Criminal Code quite often manages to avoid liability for negligence in its duties.
What can be added in conclusion
To bring the true perpetrators of the accident to justice, it is best to contact professional lawyers or, at least, independently study all relevant articles of the law. You can even conduct an independent examination together with your neighbors and, in accordance with the law, submit documents to the court.
In any case, when solving this difficult and rather unpleasant problem, one must try not to spoil relations with neighbors, save face and self-esteem.
