What to do if you flooded the neighbors from below: assessment and compensation for damage

Flooding of the apartment of the neighbors of the lower floor is one of the most common incidents in apartment buildings. However, participants in such events do not always know how to act correctly in order to protect their rights. This also applies to the alleged perpetrators, that is, the inhabitants of the upper apartment. From our detailed instructions, you will learn what to do if you flooded the neighbors from below.

First steps to take when flooding is detected

First of all, it is necessary to stop the flooding of the apartment and try to prevent further damage to your own and other people’s property:

1. turn off the water with the first tap from the common riser;
2. if necessary, contact the emergency service;
3. turn off the electricity in the entire apartment;
4. remove electrical appliances and other things that may become unusable on the floor;
5. collect water from the floor;
6. notify the neighbors below;
7. report the incident to the management company;
8. If your apartment and/or liability for flooding is insured, you must notify the insurance company and act in accordance with its instructions.

Procedure

Now that the flooding has stopped, steps should be taken to find out the causes of the incident and determine the extent of the damage:

1. Provide for inspection by specialists of the management company devices and water supply networks in your apartment, take photos and videos of details that can later help determine the cause of flooding. If some evidence may eventually disappear, it will not be superfluous to invite witnesses.
2. Together with representatives of the management company, take part in the inspection of the apartment on the lower floor in order to identify damage to the finish and things. If necessary, fix the details in the photo and video.
3. Take part in drawing up an apartment bay report, which will indicate the causes and perpetrators of the accident, as well as the damage caused.
4. In case of disagreement with the conclusions of the management company about the cause of flooding or the extent of damage, the act should not be signed. In response, you need to write a statement of disagreement, outlining your arguments.
5. If your fault is obvious (forgot to turn off the tap or the old flexible hose burst), it makes sense to immediately discuss the amount of compensation with the victims and, if there are no disagreements, draw up a settlement agreement.

Regardless of whether you are guilty of the incident or not, you should not go into conflict with your neighbors, much less resort to threats or insults. In any case, you need to try to resolve the matter peacefully.

Identification of the culprit of the accident

Finding out the causes of flooding allows us to answer the main question: who is the culprit of the incident, who will have to compensate for the damage.

Not for any malfunction of appliances or water supply networks in your apartment, you will be found guilty. Therefore, one should not immediately admit one’s guilt, especially without having the necessary technical knowledge. Liability can be avoided in cases where the cause of flooding was any of the following:

• When installing equipment related to water supply (washing machine or dishwasher, faucet, faucet, bathtub, shower cabin, gas water heater, etc.), technological violations were made. In this case, the responsibility for the consequences will be borne by the organization or entrepreneur who performed the installation. To confirm this, you will need a contract and a receipt for payment.
• Factory defect of the device with a valid warranty period. Responsibility will be borne by the manufacturer of low-quality goods.
• Malfunction of common house appliances or networks located in the apartment. For example, broke through the riser.
• Leakage of water from the apartment above or from the roof.
• Breakthrough of the heating system. The management company is responsible for its condition.
• A sharp jump in pressure in the water supply. The culprit in this case will be the water supply organization.

In all of these cases, you become a victim, like a downstairs neighbor, and have the right to demand damages.

Flooding damage assessment

A situation may arise that the victim will not allow you to enter his apartment together with a commission for inspection. In this case, the management company is obliged to give you a copy of the act of the bay. The document must contain a complete list of property affected by the flood. As an example, download the act of flooding.

However, one should not completely rely on the honesty of the victims and the professionalism of the commission members. There were cases when unscrupulous victims, taking advantage of the situation, tried to include things and items that had failed earlier in the list of damaged property. If you disagree with the causes of flooding or the extent of damage specified in the act, you have the right to involve an independent expert.

Expertise tasks:

• examine the facts of the case;
• inspect both apartments;
• interview witnesses;
• establish the cause of the flooding of the dwelling;
• identify the person responsible;
• find out the extent of damage and evaluate them in monetary terms;
• issue a detailed expert opinion.

In turn, the victim, not agreeing with the conclusion of your expert, can organize a counter independent examination.

Expert Requirements:

• special education in the field of expertise;
• membership in a self-regulatory organization of expert appraisers;
• certificate of a forensic expert, if the conclusion is submitted to the court.

Pre-trial settlement agreement

It often happens that at the initial stage of the conflict, the parties did not come to an agreement and the victim goes to court. But later, after weighing all the pros and cons, he decides to agree on a peaceful settlement of the case. This can be done at any stage before the start of the trial. With the adequacy of the perpetrator and the reasonable financial requirements of the victim, most often this happens.

The pre-trial agreement is concluded in a free form, but must be in writing. The text of the document should include:

• date and place of compilation;
• details of the parties (full name, passport details, registration addresses);
• description of the incident and its causes;
• guilty person;
• description of the damage caused;
• the amount to be reimbursed;
• method of compensation (cash, building materials, apartment renovation, payment for works or services);
• terms of reimbursement;
• refusal of the victim from further claims;
• attachments (photos, expert opinions, etc.);
• signatures of the parties and witnesses.

A pre-trial agreement can also be concluded if the guilty party is a management company or other organization.

When transferring funds, material assets, performing work and services, it is necessary to draw up appropriate receipts.

Consideration of the case in court

Litigation is the least convenient way to resolve a dispute for both parties. If you are sure that you are right, it will not be superfluous to remind the victim of the additional complexities of a court case compared to pre-trial settlement:

• all costs (state duty, expertise, legal services) are borne by the plaintiff;
• it is necessary to collect and present a lot of documents;
• in case of a positive decision of the court, funds in respect of compensation for damage will be charged only from the official income of the defendant in installments;
• Court proceedings can take a long time.

At the same time, a positive outcome and return of costs to the victim is not guaranteed.

What if the opponent refuses to reduce the requirements and insists on litigation? Get ready to stand up for your rights. The victim will first submit a written claim with all the requirements and after 30 days will file a claim for the flooding of the apartment in court.

There is a not unfounded opinion that the court, recognizing the correctness of the plaintiff, tries to reduce the amount of compensation. Therefore, claims in property disputes are often overstated. To protect your rights, the best solution is to contact an experienced lawyer.

A claim for flooding may contain a claim for reimbursement of the following costs:

• apartment renovation;
• cost and repair of things;
• independent expertise services;
• legal services;
• state duty;
• moral injury.

At any stage of the process, the parties may enter into a judicial settlement agreement. It must be approved by a court order. In this case, the court does not issue a decision, and the proceedings are terminated.

Responsibility of tenants

The situation when your tenants flooded the neighbors from below requires special mention. The opinion that the one who currently lives in the apartment is always to blame is not always true.

By law, the responsibility for the serviceability of water supply networks or appliances lies with the owner.

Article 210 of the Civil Code “The burden of maintaining property”: The owner bears the burden of maintaining the property belonging to him, unless otherwise provided by law or contract.

When renting an apartment, you are obliged to transfer to the tenant fully serviceable and ready-to-use equipment. This should be reflected in the contract and the acceptance certificate. The responsibility of the tenants for the incident flooding will come only in case of violation of the rules for the operation of plumbing fixtures and networks. If the accident was caused by a malfunction or deterioration of the equipment, the damage will have to be reimbursed by the owner of the apartment.

In any case, the victim will make claims to you, and already you will re-issue these requirements to the tenants.

Involvement of insurance companies

If your neighbor’s apartment or yours is insured, the claim process may look different:

• If your apartment is insured against flooding and it is not your fault, you will receive insurance compensation, and the insurance company will recover damages from the culprit.
• If the neighbor’s apartment is insured and you are the culprit, then you will have to deal with his insurance company. Contrary to popular belief, it is not easier, but, on the contrary, more difficult. Insurers set higher requirements and use the services of experienced lawyers. In such a situation, it makes sense to try to negotiate with the victim directly.
• Theoretically, it is possible to insure your liability for the bay of someone else’s apartment. However, in practice, this type of insurance is rare, as it is difficult for insurers to assess the possible damage from flooding without inspecting the property of neighbors.

Useful video on the topic:

Useful Tips

• Material damage in the event of flooding your apartment with cold or hot water can be minimal, and the neighbors will not notice the incident at all. To help avoid flooding, water leakage protection systems will help. There are several domestic brands that have proven themselves in this area. Here are some of the most popular:
• “Aquaguard”
• Hydroloc
• “Neptune”.

I would especially like to highlight the Neptune protection system in this list. By installing sensors from the Neptun kit in critical places: bathroom, kitchen, toilet, you will reliably protect yourself from the flood. Having received a leak signal from the sensor, the system gives a signal to close the cold or hot water taps. And since they close within 20 seconds, there won’t be much damage.

Conclusion

• Act within the legal framework: participate in the drafting of the act of flooding, if you disagree, insist on an examination, etc.
• Carefully read the document, checking the information, and if you disagree, do not sign.
• Consider insuring the apartment. All questions on flooding will be solved by the insurance company.