Bay apartments neighbors. Who compensates for damage and where to turn first?

This trouble often happens on any floor. Only those who live right under the roof, can not be afraid of sudden water flows from above, though, unless the roof of the house is in perfect order.

If a person lives in an old house, the probability of a bay increases due to poor condition of the pipes and the heating system. And in new homes you can not consider yourself protected from such trouble as the bay of the apartment. What if there are unforeseen "precipitations" in the house, and rivers of water run along the walls? Where should I apply for the apartment? And what to do first?

If the trouble has come

First of all you should call the dispatcher of the housing office and inform you that the apartment bay has occurred. The telephone of the person on duty should be reserved in advance. You can also pay a visit to the neighbors from above to tell them what happened.

It is possible that the neighbors just forgot to close the tap, and further damage to property can, if not stop, then at least significantly slow down.

Fixing the Problem

When all the faucets, valves and risers are closed, and the bay of the apartment neighbors from above is fixed by the utility worker, you need to make sure that an act of filling the apartment with a detailed description of the damage received as a result of the incident was drawn up. At the same time, one copy of the document should be kept at home.

It will not hurt to carefully look at what exactly the communal employee writes, in the meantime you should check and fix the state of household appliances, check what happened to the things on the mezzanines and in the cabinets. It is necessary to prepare mentally for the fact that the full picture of the destruction will appear only after a few days, therefore, in the act compiled at the time of the bay, it is necessary to reflect everything as accurately as possible.

First - talk ...

But when all the damage is manifested, you can meet with the neighbors from above and negotiate with them about damages (if the apartment bay was due to their fault). It can be explained that the court will have to pay more, if only because it will be necessary to reimburse court costs for them too.

If it was possible to reach an agreement on the amount of damages, it is better to consolidate the result of negotiations in writing, and even to assure the notary.

And if we could not reach an agreement ...

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.

The independent expert organization will conduct the necessary calculations and estimate the cost of the forthcoming works. It is better to inform neighbors that an independent appraisal of the apartment after the bay will be carried out by sending them a telegram with notification for 3 days. Then they will have time again to weigh and think about the benefits of amicable negotiations.

A specialist with authority from an expert organization will compile a report detailing the damage caused. The bay of the apartment is carefully analyzed, photographed and recorded for all visible traces of the impact of water. If there are checks that reflect the cost of furniture, household appliances, you need to collect them for the arrival of an expert.

It is not bad to show and add to the description of the paper, which reflects the funds spent on finishing the premises, this may be, for example, a contract for finishing work, other written evidence appropriate to the circumstances.

Apply to the court

Now, when the expert's conclusion about the damage done and its assessment, duly executed, are on hand, one can deal with drawing up and submitting a statement of claim to the court.

Correctly draw up an appeal to the court will help an experienced lawyer, and we should not forget that the work of an expert and the assistance of legal professionals can be attributed to forced expenses, and demand that the perpetrator "reap" and compensate them.

A little more about independent expertise

This event, conducted by disinterested persons, helps to obtain a relatively objective assessment of the damage received by the victim. In a situation where there are two parties that are not able 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 should be invested in order to bring the damaged housing into a state similar to that before the bay (remember this and bear in mind that renovating the apartment after the bay means bringing the home to its original state, Design and furniture).

Examination can be carried out not only by the victim from the gulf, but also by his opponent to get an objective picture of the unpleasant event. In addition to resolving the dispute between neighbors, the court may apply to the expert commission if it is decided that a re-evaluation is required.

Qualified independent experts will help the two parties to somehow come to an agreement and save the neighbors from underestimation of damage, and neighbors from above - from the need to pay illegally a lot. Documents obtained as a result of an independent evaluation can be an excellent argument both in court and in communication with an insurance company, so it's worth to go to the expenses to at least reduce your stress in the future.

In addition to the act on the Gulf, by the time of the examination it is necessary to prepare an identity card, documents on the rights to real estate, the technical passport of the BTI, checks and contracts for construction work.

And if it's vice versa, and the neighbors are already knocking at the door ...

What actions should be taken by the affected party from the bay, seems to be understandable. And if the situation develops differently, and the tenant becomes the guilty party and is responsible for the bay of the apartment, what to do?

In this case, too, do not sit idly by. Having blocked all available cranes and valves, it is necessary to urgently call the utility worker to block the water in the risers and, if possible, determine the reason for the bay.

It's one thing if the tap was not closed, the bath was full or there was another leakage of water due to oversight or forgetfulness. Also, one of the reasons for the unforeseen gulf may be the installation of faulty plumbing equipment or self-installation of cranes and others with non-compliance with the necessary rules. This possibility also needs to be taken into account and when applying to third-party companies for installing sanitary ware, it is necessary to demand a report on the work done with the transfer of installed parts in writing, with signatures and warranty obligations.

However, the bay of the apartment can occur and regardless of the people living at the top. Leakage of water sometimes arises as a result of improper installation by the employees of the Housing Administration of pipes and other equipment that is not the responsibility of the tenant.

If no one took a bath in the apartment at the time of the gulf, there was no washing, no one tried to arrange a pool in the room, you need to make sure that this fact was reflected in the act of the bay. Especially if at home during the accident there was no one, there are no signs of flooding in the apartment itself.

It should be borne in mind that the fact of water leakage, not through the fault of the tenant of the apartment, does not please the workers of public utilities, therefore, special attention and perseverance should be shown. After all, at the Gulf due to the fault of the housing office, it is up to him to pay and recover damages.

If in the process of stopping water or inspecting the sanitary ware some details were removed, they should be stored, put in a package 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 waste for yourself.

If it is obvious that you have to pay ...

For whose fault the apartment bay has occurred, the neighbors, without falling into mutual hostility, need to meet and try to negotiate a mutually acceptable amount in the pre-trial order. The positive result of negotiations should be reflected in writing and notarized (in order to avoid the increase of appetites).

If you can not solve the problem, do not get rid of it and let the situation get out of hand. During the independent examination it is better to appear and take part in the examination of the damage. This will help prevent documents that are not related to what happened. The lack of fresh repair, expensive finishing materials, wear of the things in the apartment - all this should be reflected in the inspection report. When measuring the areas exposed to water, it is necessary to check the correctness of the measurements in order not to pay more than it is supposed to.

If the amount received as a result of an independent inspection is not satisfactory, then you need to urgently appeal to a lawyer and demand the appointment of a forensic examination and evaluation of the damage.

If the neighbor from the top is not to blame

Sometimes it happens that there is no neighbor's guilt from above in the Gulf. In the work carried out by public service employees, faulty equipment can also be used, mistakes are made. In homes with old communications there may be pipe breaks, other damages, not depending on the tenants of the house.

Of course, the person who is primarily interested in having the apartment bay recognized as the fault of the municipal services is the one who is accused. However, the injured party should not bypass this aspect of the issue, because if neighbors from above can prove their innocence, the damage will remain unpaid. Perhaps, it is worthwhile to act together, and to defend their interests legally correctly, then the Housing and Public Utilities will have to pay damages to either side.

And who is to blame then?

Under ZhEKom now mean management company (CC), which is required to maintain the house in good condition. For this, the CM receives from residents payment in the form of utility payments. And the necessary repairs and payments are made on the basis of the management agreement for the apartment building.

Accordingly, if the damage is caused by an oversight or improper performance of the duties assigned to the management company, then all losses must be reimbursed by it.

However, not the management company itself is engaged in the replacement of pipes, wiring and other works. To do this, she enters into a service contract with the firm, which takes on all the current work. This contractor, along with the MC, is responsible for the technological safety and quality of the repair activities.

However, the attempts of the victims to sue them in court are doomed to lose, as the residents have no legal right to demand from the repair company the answer for incorrectly performed work. The reason for this - the lack of contractual obligations directly to residents. Thus, nodding to the firm-contractor, the Criminal Code often quite possible to avoid liability for negligent attitude to their duties.

What can be added to the conclusion

To bring the true culprits of the accident to justice, it is best to turn to professional lawyers or, at least, independently study all relevant articles of the law. It is possible to carry out an independent examination even with its neighbors and, in accordance with the law, file documents with the court.

In any case, solving this difficult and rather unpleasant problem, one must try not to spoil relations with neighbors, to save face and self-esteem.