Flooded someone else’s apartment: how to minimize the consequences and negotiate with neighbors

We shut off the water

If you find yourself flooding your neighbors’ apartment and the momentary shock and acute self-flagellation has passed, it’s time to get down to business. You need to think about how to minimize the consequences of the accident and not aggravate your already unenviable situation.

The first steps should be as follows: if the source of the leak is located on the territory of your apartment, you must turn off the water. Then de-energize the apartment so that a short circuit does not occur, and an electric shock does not overtake everyone who comes into contact with water. After that, call the management company (MC) and call the plumbers, and if the flooding occurred on a weekend, call the emergency service. And of course, collect water from the floor surface as quickly as possible – use more rags.

If your apartment is insured, be sure to call your insurance company and act in full accordance with the instructions received.

Everyone understands that no one will intentionally flood the neighbors, and in this situation you are not only the culprit, but also the victim. Sometimes it is possible to independently determine the cause of the flood and eliminate the leak. This is the best possible scenario.

Determine the location of the leak

Do you doubt that the residents of the lower apartment will come to you? In any case, it makes no sense to hide from them and thereby contribute to the aggravation of relations: try to find a common language with them from the first minutes.

It is worth trying to win over your neighbors with sincere remorse if you are the culprit of the bay, or joint clear actions if third parties are to blame.

Explain to your neighbors that although water is leaking from your apartment, it may not be your fault. This becomes especially obvious if the “waterfall” of the neighbors does not subside after you turn off the water tap. It happens that it is difficult to find the source of the leak – there are no beating jets anywhere, and the water has spilled over the rooms. In this case, look for places hidden behind plumbing, countertops, partitions.

The pipe in the bathroom is often a structure assembled from a large number of plastic elements. If the connections are loose, water will leak every time you take a bath, and one day it will leak to the neighbors living on the floor below.

A clogged siphon can cause the sink to overflow, and then the water will simply rush to the floor. Also, over time, the water seal may begin to leak first to the floor under the kitchen set, and then to the apartment below.

The toilet bowl has several “risk points”: these are the places where the tank is attached to the shelf, and the attachment of the liner leading from the water supply, and the drain. At the slightest leak, you need to solve the problem, otherwise all the water from the tank will be on the floor.

Sometimes when the water is turned off, residents open the taps, forget about it, and then leave the premises. As a result, they get damaged floors and complaints from flooded neighbors.

In some apartments of old houses, pipes are very complex, which are difficult to reach. Water from them can seep unnoticed by the owners along the walls or furniture to the floor, and from there to the neighbors. Also, the cause of the flood can be a rotten pipe between floors.

Heating pipes can burst in an old dwelling if the cast iron has rusted significantly, and it is not visible under the paint layer in what condition it is. Such a radiator can crack at the most inopportune moment when the owners are not at home.

Searching for the culprit of the flood

In apartment buildings (MKD) there is common house property, which belongs to all owners of residential premises. Elements of engineering equipment and general communications are also located in the living quarters of the apartment owners. Such property includes: risers of hot and cold water supply; sewer pipeline; central heating system. If the cause of the flood was the negligent performance by the management company of its obligations to maintain common property, you can contact its management with a written claim. In accordance with the rules, the improper maintenance of the common property of an MKD entails the responsibility of the organization with which the homeowners have entered into an appropriate agreement, that is, the Criminal Code.

But if you yourself, without notifying the operating organization and without obtaining permission, replaced the sewer or water pipes, this is regarded as unauthorized interference with the work of the Criminal Code. If such a fact is established, the responsibility will be borne by the owner of the apartment.

A shut-off and control valve that shuts off the water in the apartment separates the common property from the internal property. If the accident occurred because it was not closed, the owner will also be liable. And of course, the flood will remain on your conscience if you left a working washing machine or dishwasher unattended.

However, if the water leaked due to faulty equipment, then you can bill the seller of the equipment, provided that you have a receipt and if the examination recognizes the sold goods as defective. The same applies to pipe breaks due to poor-quality repairs or installation work. However, if the repair team worked unofficially, it will not be possible to present claims to it.

If the apartment is rented out, then the responsibility for a faulty faucet or emergency pipe lies with the owner of the apartment. But the tenant is responsible for overflowing water in the bathroom or kitchen due to an open tap left unattended.

We draw up an act of the bay with the fault of third parties

If there is confidence in the fault of third parties and your apartment was also affected, then in order to fix the fact of flooding and determine the damage, an act of the bay must be drawn up. Find out which of the neighbors below also suffered during the accident and start collecting documents.

First of all, try to take pictures and write down everything that happened. To draw up a document, be sure to invite two or three witnesses. Then it turns out that the act is drawn up by the commission. It is good if the document is signed by a representative of the Criminal Code. If he refuses to sign, just note his refusal in the act itself.

The document must contain the following information: the fact of flooding, the date and time of drawing up the act, the full address, the number of rooms and the floor; a description of the damage caused to the premises and the property located in it; cause of the leak.

Although the preparation of such an act is the prerogative of the representative of the Criminal Code, it is better to do it yourself or at least control the process. Practice shows that the specialists of the Criminal Code in any situation try to “ignore” their own guilt, reduce the scale of the consequences of the accident and ignore the facts that are significant for the victim. Sometimes they even try to delay the writing of the act, so that later it will not be drawn up at all.

We draw up a contract in a pre-trial order

If you are still to blame for the bay, and the injured party expresses a desire to negotiate out of court, then also draw up an act of flooding and, together with your neighbors, estimate the approximate amount of compensation that could suit both parties. If an agreement is reached between the parties, this fact must be recorded by drawing up a separate agreement. Indicate the agreed amount in it and certify it with signatures.

You can determine the expense and types of materials that will be required to carry out work to restore the damaged apartment, then buy all this in the store at your own expense and pay for the repair work. It is better to formalize this agreement in the form of an act so that the victims do not change their minds. One of the advantages of the peaceful resolution of the conflict is the ability to quickly eliminate the negative: the courts require time, effort and health.

In the acts, do not forget to mention that after compensation for damage, all the claims of the injured party will be satisfied in full. Money must be transferred only with a receipt. After the work is completed, it is also necessary to take a receipt that the agreed work has been completed in full. If the parties to the conflict cannot agree on the amount of damages, you can resort to the help of independent appraisers.

But the case will end with minimal losses if both parties show a desire to communicate politely and constructively. The litigation is not beneficial to the parties to the conflict: these are additional costs associated with the court itself and the preparation of documents on an independent examination for it.

Intractable neighbors are usually sobered by information that you can get a certain amount or repairs right now, while by a court decision it is possible to recover mere pennies that inflation will inevitably eat.

Resolving conflict in court

Not all conflicts end in peace. What awaits you in court if you really turned out to be the culprit of flooding the neighbors from below? As practice shows, the court usually takes the side of the plaintiff. Therefore, you will have to provide evidence of your innocence in writing in the form of objections. Arguments must be argued, confirming with photo and video filming, testimony of witnesses.

The most effective arguments are the following: the flooding occurred as a result of the management company’s improper performance of its duties; documentation on the inspection of the premises after the flood, as well as damage assessment is not objective; The plaintiff’s claims are overstated, since the depreciation of his property is not taken into account.

The culprit of the flood must understand that if his arguments are not accepted by the court, he, in addition to the principal amount of the claim, will also have to pay legal costs. Therefore, every effort must be made to peacefully resolve the conflict.

Opinion:

Irina Khazina, legal adviser:

– It is best to try to solve the problem among yourselves, so the first step is to talk to the neighbors. If you find this difficult, find an intermediary who can help you. If you still can’t reach an amicable agreement, go to a professional lawyer. He will tell you all the intricacies of such cases and possibly offer his own version of the settlement of the situation, which will suit your neighbors.

When talking to neighbors, remind them that the court requires an independent review, which is paid by the interested party, and that the legally recoverable compensation will be lower than the actual cost of repairs and damaged items. One way or another, after completing a long process, they will only be disappointed.