Flooded upstairs neighbors
Did you notice a stain on the ceiling and, getting colder, realized that you were being drowned? We discuss with an experienced lawyer where to run if you are flooded by neighbors from above

Water dripping from the ceiling is every homeowner’s nightmare. The stain on the ceiling increases, the water begins to flood the apartment, damaging the wallpaper, furniture and appliances. Everyone who has ever experienced flooding understands that neighbors may not be at home, there is a risk that they will refuse to pay compensation, in addition, they may simply not have the money for this … Yes, and repair is an unpleasant business! So, let’s figure out how to minimize the effects of flooding.

What to do if neighbors flood

It is clear that at the first moment a person begins to panic: “Oh horror, the neighbors from above flooded, what should I do ?!”. But then it retreats and the time comes for calm, balanced actions.

First of all, you need to contact the management company and invite the neighbors – in their presence you must draw up an act of flooding, – says Andrey Katsailidi, Managing Partner, Katsailidi & Partners Law Office. – You can write by hand: the act should contain information about the place and date of the incident, as well as a detailed description of the damage. For example, the wallpaper in the living room peeled off, the stove was flooded, the floor in the corridor was swollen, and so on.

An important point: it is better to describe how the neighbors from above flooded you as accurately as possible. Then write down everyone present with an indication of who they are. For example, Ivan Ivanov is a neighbor. Petr Petrov is a representative of the Housing Office. All of them must sign. Then later the neighbors will not be able to say that you yourself flooded your TV after the flood!

First actions

If possible, try to resolve the conflict peacefully. Dismantling in court will have to spend time, money, and nerves. So, if there is a chance to “bargain” – feel free to use it.

“Unfortunately, this does not always work out,” Katsailidi sighs. – Often the owner of a flooded apartment says that, for example, his TV was flooded, and the neighbor is indignant, they say, he hasn’t been working for you for 10 years! In this case, to assess the damage, it is better to contact an expert – an appraisal company.

Where to contact and call to recover damages

It all depends on who is to blame for the fact that you were flooded. These can be neighbors who forgot to turn off the tap, the management company (HOA, TSN or someone else responsible for maintaining your house), or developers who made a mistake while building the house. If you were flooded by neighbors from above, where to go is one of the most important issues.

Step by step guide

  1. Make an act.
  2. Assess the damage yourself or call an expert.
  3. Make a pre-trial claim and give it to the one who flooded you (do it under a signature so that later the culprit cannot make surprised eyes, they say, I hear it for the first time).
  4. Try to come to a consensus and peacefully resolve the issue. If it fails, go to the next paragraph.
  5. Make a claim and file it in court – so you can achieve repayment of all losses. Do not forget to get a writ of execution – you will need to submit it to the bailiff service, to work for the defendant or to the defendant’s bank, if you know where it is serviced.

Popular questions and answers

How to assess flood damage?

Contact an appraisal company – the Internet is full of them, so just look for the most profitable one. Experts will help you objectively assess the damage.

How to determine who is to blame?

In any case, payments to the victim of the flood will be carried out by the owner of the apartment. But after the payments are made, he will be able to demand to reimburse this money from the real culprit. And the culprits, by the way, are very different: housing can be flooded due to a leaky roof, bad pipes, and a dozen other factors. If the tenant of the apartment from above is sure that he is not to blame, he should definitely figure it out, conduct a technical examination and demand compensation.

What if the neighbors do not want to pay for repairs?

If it was not possible to agree peacefully, and the neighbors stubbornly do not want to give you the money due, there is only one way out – to go to court, and then with a writ of execution go to the bailiffs, to work or to the bank to the offender. So he will not get away!

What to do if the neighbors flood every month?

If the neighbors heat every month, alas, you can influence them only with a ruble, – Katsailidi sighs. – Be patient and persistently go to court every time drops appear on the ceiling. As a result, they will either learn how to turn the tap on before leaving the house, or find those responsible for leaking pipes or roofs, depending on the cause of the flood.

What to do if there are no neighbors at home, and water comes from the ceiling?

Feel free to call the management company. It is unlikely that they will penetrate the apartment of the culprit of the flood, rather they will simply block the entire riser. But in order to draw up an act, you still have to wait for the neighbors – firstly, they are needed as witnesses, and, secondly, you will need to get into their apartment to make sure that the flood started exactly they have. What if they are not really to blame and they were also flooded by a neighbor from above?

What to do if a neighbor refuses to participate in the drawing up of an act on the inspection of an apartment?

Sometimes people who forget to turn off the tap think that if they do not sign the act of inspecting the flooded apartment, then later it will be more difficult to prove their involvement. But it’s not. Describe in detail all the consequences of flooding and come to a neighbor with two witnesses. If he refuses to open the door or sign the paper, ask witnesses to confirm this refusal in writing. It will come in handy in court.

What should I do if my neighbor thinks I faked the flood?

It happens that the victim assures the neighbor from above, they say, look, the wallpaper has peeled off because of you! And he shakes his head: you won’t fool me, you yourself splashed water on them in order to make repairs at my expense. In a situation of mutual distrust, there is only one way out: inviting an independent expert who will assess what happened to the property after the bay and name its real average market value. Then he will give an opinion on which the parties will be able to settle among themselves. If, however, it is not possible to reach a consensus here, it will be possible to go to court with this conclusion.

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