“Your neighbors flooded you.” How can Sevastopol residents legally competently resolve this issue?

Anyone can be a hostage to such a situation, but not all of us can competently solve this problem, prove the guilt of our neighbors and achieve compensation for the damage caused. This article will tell you what to do in this case with step-by-step instructions.

On the issue of solving a situation when a neighbor was flooded, specialists from the law firm “Shield” prepared an article for the editors of “INFORMER”.

Step 1. Emergency measures

The first step is to turn off the electricity in the apartment so as not to cause a short circuit.

Under no circumstances should you break down the doors of your neighbor’s apartment, as only police officers have this right, and not in all cases.

At the first sign of flooding, you should immediately call the management company.

Step 2. Ways to record the damage caused

Various options are possible.

Option 1. Photo and video recording. Record (with a camera, video camera, mobile phone) damage to premises, decoration, interior items, furniture, household appliances caused by the flood. If possible, take photographs of the attic space and roof, as well as the floor plan of the apartment, indicating the location of the leaks. It is advisable that there are many photographs and different ones, from different points, and when shooting, the exact time is printed on the photo.

Damage must be photographed so that it can be seen.

If possible, do the same in the apartment of the neighbor who flooded you. This will be considered material evidence on the basis of which an examination of the damage caused can be carried out, and it will also allow a cause-and-effect relationship to be drawn between the actions of your neighbors and your damage.

Option 2. Draw up an act of filling the apartment. This is the first and main document that you will need for future compensation for damage from flooding.

Representatives of the operating organization must be called in any case, even if traces of flooding are not so noticeable – they may appear later. When drawing up an apartment flood report, you should record all damage as accurately as possible.

What else should be reflected in the flooding report? Among other things, it is necessary that the following be indicated:

– cause of flooding (damaged pipes, carelessness of neighbors, and so on);

– a list of damage caused to property by water (damaged carpets and furniture, household appliances and lamps, clothes and shoes, finishing of floors, ceilings, walls, etc.);

– if possible, the person responsible for the flood should be present when the report is drawn up in order to personally verify the amount of damage caused. This is especially important if the tenants flood their neighbors – who is to blame and who will have to pay in this situation is often the subject of litigation. The refusal of the person responsible for the emergency to take part in the inspection must be recorded in the act;

– without the signatures of all members of the commission and the owners of the affected apartment, the act may be declared invalid.

The act is printed in several copies (the quantity is indicated in it), one for each of the parties to the conflict, one for the management company.

Step 3: Reimbursement

Option 1. The opportunity to peacefully resolve the issue is still worth using, since each of us could find ourselves in a similar situation. But what to do if a peaceful resolution of the issue is out of the question. If your apartment is flooded by neighbors who do not admit their guilt and are not going to cover the losses, then there is only one way out – going to court.

Option 2. Applying to court for compensation for material damage

To do this, you will have to collect a package of documents, which is attached to the statement of claim, in which you must indicate the specific culprit:

– a copy of the flood report;

– documents confirming ownership of the apartment.

– an inventory of property damaged as a result of the flood (the so-called defect report, which reflects the cost of damaged items);

– an estimate for the repair of a flooded apartment, carried out by the company during the liquidation of the flood. The court is required to provide a conclusion on determining the cost of repair and restoration work; such a report can be provided to you by an organization that has a design license (item “Creation of estimate documentation”; the item “Technical inspection” would also be useful, but this is not necessary). Take your time with the repairs and contact a forensic expert who will make a merchandising conclusion about the damage caused to you. This will show the real figure that can be demanded in court. And after the repairs are completed, take a receipt for this work from the organization that eliminated the consequences of the flooding.

– if the flooding has caused damage to your health, consult a doctor, and then obtain from him evidence of any health complaints.

In any case, it is necessary to collect as much evidence as possible. Remember that these include:

• witness statements;
• written evidence;
• evidence;
• expert conclusions.

Option 3. An effective solution to such problems is apartment insurance. In this case, you can definitely count on compensation for damage. Having insurance in hand, you will not be defenseless. If your neighbors flood your apartment, you will know exactly what to do. After all, you just need to call the insurance company, which will take care of all the issues.

If you feel that you cannot solve this problem on your own and you need professional help, then we recommend contacting a Sevastopol law firm that has been tested by time and positive customer reviews. Contact only experienced specialists!