If the apartment is flooded through the fault of the management company. Bay of the apartment through the fault of the management company

What to do if you are flooded:

1. First you need to quickly turn off the electricity.
2. Next, you need to make sure that the cause of the emergency is not on your part. For example, the riser pipes burst, etc.
3. We take pictures on the phone or other means, and you can also shoot a video.
4. We report the incident to the Criminal Code.
5. We call the ODS and invite an employee. At the same time, we must record the full name of the employee who accepted the application, as well as the number of the application itself. If the person on the phone did not introduce himself, you should ask him to do so.

After all, the Criminal Code collects a commission, which consists of the injured party, an employee of the Criminal Code, a senior in the entrance and a specialist in the operating office.

The commission in its entirety should analyze the amount of damage and then draw up an act.

An important point is the fact of confirmation of the guilt of the managing organization. Such a conclusion can only be fixed by a specialist in this field. If the case goes to court, then this document will become the main evidence.

The main causes of accidents associated with flooding are:

• pipe rupture;
• roofing defects.
• sewer system.

About damage calculation

After submitting an application, a document that was recorded during flooding is used to calculate the damage. On the basis of this act, experts form a price list. This document includes information about the duration of the work and the object to be repaired.

If the experts conclude that the accident occurred through the fault of the Criminal Code, then the injured party has the full right to free repairs or full compensation for all losses by the forces of the Criminal Code. By ignoring representatives management company the owner can himself invite experts to draw up a report (FZ No. 135 of 07/13/15).

We draw up an act

A well-executed act must contain:

1. information about the owner of the apartment;
2. the reasons for the flood of the apartment and how it happened;
3. what part of the living space was flooded;
4. members of the commission.

If there are additional and important information, as well as comments about what happened, then it is better to include them in the document.

The act is formed in triplicate. Interested persons put signatures on the document.

It is very important not to start repairs before litigation. Otherwise, it will not be possible to prove the extent of the damage.

Where to submit a claim?

Formed complaint should be sent to the housing and communal services. It was with the managing organization that a service agreement was concluded. Also, the monthly payment according to the receipt goes to the account of the Criminal Code. Accordingly, this service is obliged to reimburse all costs associated with the repair.

In the event that the management company refuses to compensate for the damage after the flood, the apartment owner has every right to apply to the court with a statement of claim (claim). You can find out how to sue the management company.

Sometimes ill-informed tenants may turn to the maintenance office (DEZ) for help. And this action is absolutely unnecessary and wrong. The activities of DEZ are really aimed at ensuring the smooth operation of all engineering units in an apartment building. However, this organization is third-party, and it did not conclude any agreements with the owners of apartments. Based on the above, DEZ cannot be held responsible for flooding residential premises.

When filing a lawsuit against the DEZ office in the bay of the apartment, the case will be automatically lost. After litigation, as a rule, tenants stop seeking justice from justice and begin to make repairs in the apartment on their own.

As a result, the management company saves money and its reputation, and the owner remains a serious loser.

If the statement of claim was initially executed correctly, then the owner after the accident would definitely win the case. Therefore, if the employees of the Criminal Code ignore your claims and do not get in touch, it is necessary to file a lawsuit in court, having previously received advice from an experienced lawyer.

Who can and where not to complain about the Criminal Code, read at.

Application to the Criminal Code

An application to the management company after the flood is filled in in the name of the general director or an authorized employee of the company from the owner of the apartment in which the flood occurred. The owner of the premises must indicate his data: full name, address and telephone number. The pre-trial claim for the bay must include:

• date and time of the accident;
• surname, name and patronymic of the executive person fixing the fact of flooding;
• date of fixing the accident;
• areas that have been flooded;
• data on calling a specialist to the house to record the accident, establish the causes and draw up the relevant act;
• claims for damages.

Often in the course of work it is required to visit the apartments of neighbors. If it is not possible to enter these apartments for any reason, then this fact must be recorded in the application.

You can read how to write an application to the management company correctly at, and you will find out what are the deadlines within which the Criminal Code is obliged to respond to your request.

About the features of this issue

What measures to take if the managing organization refuses to draw up an act?

There is no need to hope that the Criminal Code will express a desire to immediately compensate for all losses associated with an accident. Moreover, the owner can be ignored for a long time or mislead. If, after the transfer of information about the incident, the employees of the Criminal Code did not come, then:

1. Notify the Criminal Code by means of sending a telegram.
2. Draw up an act yourself, in the presence of witnesses (for example, relatives or neighbors). At the same time, the fact of the absence of an employee of the Criminal Code must be recorded in the document.
3. After completing the execution of the act, you should again try to contact the unscrupulous management company. As a rule, if the Criminal Code feels that the tenant is serious, then the situation may soon change. Moreover, the changes will be positive in relation to the injured party, and the Criminal Code will agree to compensate all the damage in full.
4. If you still can’t agree, then urgently call an expert. Do not delay this issue for more than five days.
5. After the decision of an independent expert is received, you can safely demand that the management company reimburse all losses in full. And upon receipt of a refusal, immediately file a statement of claim with the judicial authorities ().

In order not to bring the case to court, you need to make several attempts and still try to resolve the situation on your own through negotiations with the Criminal Code.

In the case when it was not possible to agree and the case went to court, the main thing is not to be nervous. But it is worthwhile to understand that there is a long and rather laborious process ahead, which will require a lot of patience, as well as The court needs the following documents:

It should be noted that the practice of law in such cases is different. There were cases when the plaintiff was denied satisfaction of the claim. Therefore, before contacting the judiciary, it is necessary to seek advice from competent and experienced lawyers. For tips on how to sue a property management company, see

Sometimes residents of apartment buildings have troubles regarding property.

Often The fault lies with the management company.. Many people get lost in a stressful situation and are not able to reason soberly. The article will help to avoid unwanted commotion and tell you what to do to restore property.

Where to go and what to do, instructions

To assess the damage must come commission from housing and communal services. Fixing the damage will be better if the owners of the apartment do not take any action, as this can hide the damage.

To receive compensation in full and restore the picture of flooding, everything must be left in its original places.

After the arrival of the commission an act is drawn up telling about the flood. It is necessary to monitor the placement of all significant damage, murals and causes of the incident in it. The finished document is not immediately handed out. The victim should get a duplicate document in housing and communal services. Pay attention to the entire signature and seal upon receipt of the act.

After completing the document, you need to use the services of an appraiser or an employee of a third-party insurance company. In the latter case, the presence is required. The employee must document all damage caused by the flood of the apartment, and indicate a complete list of losses with their cost.

If it is impossible to establish the exact price of a particular item, then an examination should be carried out. It will require merchandisers. At the end of the procedure, an estimate is issued to the owner of the apartment.

Damage assessment

According to the Order of the UGZ and UZHKHiB No. 55-48 / 1 dated 12.03.01 "Regulations on the procedure for carrying out repairs related to damage to residential premises" is drawn up appraisal inventory, which determines the cost of time to restore the damage received.

Important! If it is possible to establish the fact that it is the housing and communal services that are to blame for the flooding, then the owner of the property will be fully compensated for the damage or carried out restoration work.

It is called in the event that representatives of the housing and communal services do not get in touch.

flood claim

If the manager does not wish to comply with the requirements, that is, evades payment or refuses directly, then it is necessary to draw up statement of claim in court. For proper compilation, the following components are required:

• Statement of the owner of the flooded apartment;
• Passport information flooded;
• An act written by an employee of the commission or a third-party organization;
• A document certifying the damage received;
• Photos of property damage.

The application is submitted with a lawyer or independently. A lawyer will be useful to those who have not previously had such a practice and do not know the basics. You can also claim reimbursement for attorney fees.

Important! Other required documents:

• Property documents;
• Estimate for the repair of the premises;
• Receipt for payment of state duties.

What can the management company do?

The guilty party also has legal remedies - a response to a claim. The response to the statement of claim has a number of features in the preparation. The heading of the document should indicate the name of the court, the defendant and the plaintiff. After that, the essence of the case is stated, that is, information about the application. It is necessary to indicate why the applicant's arguments are invalid and subject to appeal. It is advisable to refer to a witness.

Answers on questions

What to do if it floods repeatedly due to the fault of the management company?

In this case, it is necessary to require full compensation for damages. The fault rests entirely with the management company. This situation is covered by the law. Russian Federation: the actions of the victim are no different from those that are necessary in the event of a single flood due to the fault of the housing and communal services. If the management does not respond to repeated complaints in any way, a lawsuit is filed, an appraiser is invited, and then all “showdowns” go through the courts.

What to do if you flooded the apartment yourself, but the fault is on the management company?

The determining moment will be the presence of the company's fault in causing damage. This conclusion can bear only an independent expert. In the event of an appeal to the court, only this document will have legal force. Unverified accusations will be considered invalid arguments.

Cases in which the fault lies with the housing and communal services:

1. Breakthrough sewer pipe;
2. sewer break;
3. Roof defects.

Arbitrage practice

Judicial practice on flooding demonstrates that the case is often decided in favor of the victim. To win in the case, you must have a complete evidence base. All expenses are reimbursed, as well as a fine, which is provided for by law. Moral damages are less often paid. A more profitable solution to the problem is an agreement with representatives of the management company, without recourse to the judicial authorities.

Lawyers recommend: to collect all the necessary package of documents for the court, that is deluge act And report on the amount of damage from an independent appraiser and with these documents go not to the court, but to the representatives of the housing and communal services responsible for the accident. Most likely, they will agree to resolve the issue peacefully, without going to court. If not, then the mentioned documents can be safely supplemented with a claim for damages and go to court.

Video legal advice

The situation when the fault lies with the management company is commented by Albert Leonov on the Lawyers channel.

Quite often in apartment buildings there is such a nuisance as flooding an apartment. It is far from always the fault of the residents of neighboring apartments. The cause of flooding can be a rotten roof, a breakthrough of a sewer pipe, moisture entering the living room from the technical floor.

If this happened, then who is responsible for the damage? According to the law, the management company is the culprit of the incident. apartment building. But before you hold this company accountable, you need to know its status.

The organization enters into an agreement with the residents of the house, under the terms of which it undertakes to maintain the house in good condition and monitor the operation of all utility systems. The company's responsibilities include:

• providing the house with electricity;
• home heating during the heating season;
• removal of household waste;
• carrying out repairs;
• housekeeping cleaning.

Residents of the house regularly pay for the services of the organization in accordance with the tariffs specified in the contract.

The vast majority of residents have never seen a contract to manage their home, but, nevertheless, on its basis, utility bills are paid every month.

Thus, flooding the apartment through the fault of the management company (or other damage through its fault) is a violation of the terms of the concluded contract. And, therefore, it is the management company that needs to compensate for the damage caused in court (in the format of a civil case).

Differences between a managing company and an operating company

In order to ensure the functioning of all systems in an apartment building, as a rule, the management company hires a contracting company that directly performs all engineering works regarding the maintenance of all systems in working order.

Such a contracting firm is called an operating company. Often, in the event of damage as a result of a flood, the management company tries by all means to remove responsibility and shift it to the contractor. It is worth noting that she often succeeds due to the fact that citizens have poor command of legal terminology and have very poor knowledge in the field of jurisprudence.

It must be borne in mind that the management company, like no other, must be held liable in court and be brought as a defendant in a flood claim. Since the conclusion of the contract was carried out with this company, and it is she who is paying for the relevant services.

The fact is that when filing a lawsuit against the operating company, i.e. contractor, the plaintiff will be denied because the tenant has no contractual relationship with the contractor.

This technique is often used by employees of management companies, telling tenants who suffered from the bay of the apartment through their fault. Naive citizens sue the contractor and soon lose the case. Usually, after this, few of them agree to another judicial attempt, and the insult is “swallowed”, no one compensates for the gulf.

As a result, tenants suffer from leaks and mold, but the management company remains with money and with a spotless reputation. Thus, in order to avoid the above problems, residents can be advised a simple thing - not to listen to the arguments and arguments of the interested party, but to study the law or seek the advice of professionals.

Is the management company to blame?

You can definitely talk about the guilt of the Criminal Code in the following cases:

• The roof is leaking.
• Cracked radiator.
• The sewer system is clogged.
• At the neighbors, a pipe broke through to the stopcock (valves that allow you to shut off the water to the apartment).
• You are flooded, and the neighbors are dry from above: most likely, the Criminal Code improperly monitored communications, which is why a pipe belonging to common house property burst.

Where to file a claim: the management company or the contractor?

In case of flooding, the claim should be directed to the company that serves the house. Some do not distinguish between the MC and the contractor. In fact, they are completely different organizations. For example, the Directorate of a single customer (DEZ) does not receive rent from tenants and does not sign an agreement with them. Therefore, it should not solve such problems.

The Management Company shall be liable for the violation. Of course, on the phone she can say that you need to contact the contractor and file a complaint against him. But in this case, the tenant will be given a refusal.

An application to the Criminal Code for compensation for damage, when the apartment was flooded through her fault, is drawn up in the name of the chief engineer of the company. When submitting it, it is important to make sure that the document was accepted by the organization's office: your copy of the document is dated and signed by the responsible person of the Criminal Code.

The apartment was flooded through the fault of the management company - what to do?

Actually, nothing complicated. Just do not immediately grab a mop or rag.

• Turn off the electricity immediately!
• Make sure that the cause of the flood was an error in engineering systems (a pipe burst for example), and not your faulty one washing machine(or the neighbor's grandmother dozed off peacefully, leaving the tap open).
• Take a picture of your flooded area or take a camera.
• Call the organization serving your home (Article 161 of the Housing Code of the Russian Federation).
• Call the ODS and call a specialist. Be sure to write down who accepted your call (name and position), as well as the application number. If you cannot determine who is talking to you, and the speaker did not identify himself, ask him to introduce himself (Article 162 of the LCD).

After that, the service organization creates a commission, which, in addition to the representative of the management company, the operating office and the head of the entrance, includes a representative of the injured party, that is, you. The commission examines the degree of damage caused to the apartment, about which it draws up an act.

It is important to make sure that it is the management company that is to blame for the fact that you had a flood. This conclusion can only be made by an expert. It will also become one of your "trump cards" in the trial (if it comes to it). Your own arguments, even if everything seems obvious to you, will be untenable.

Usually, due to the fault of the tenants, it floods in the following cases:

• sewerage;
• roof defects;
• pipe break.

When there are problems with compensation

When an apartment is flooded through the fault of the management company, the organization often refuses to compensate for the damage. The company admits its fault, eliminates the cause of the flood, but does not plan to compensate for the cost of repairs. This is especially true for the so-called budgetary organizations. The victim can only get justice through the courts.

In rare cases, the management company may even refuse to repair, because the company does not have money. The only solution is to file a lawsuit demanding to oblige the Criminal Code to fix the leak and compensate for the damage. According to judicial practice, in most cases such cases are decided in favor of the victim.

In rare cases, the managing organization refuses to even go to the call. If you encounter this, send a re-application for drawing up an act by mail with a notification of receipt, and then write a complaint to a higher organization (for example, the Moscow Housing Inspectorate). The mail notification will be proof of the improper operation of the Criminal Code.

To speed up the process, it is allowed to independently draw up an act of flooding. It is important to involve neighbors or other strangers. Moreover, the document must be drawn up in triplicate. The act must be signed by all those in the apartment. If someone refuses, it needs to be fixed.

How to prove and how to argue?

During the trial, the lawyers managed to prove that the cause of the bay was a rupture of the hot water pipeline. The lawyers also proved a causal relationship between a pipe rupture and getting a “Ch.” injuries in the form of burns on both feet.

GUP DEZ ... is the managing organization of the multi-apartment residential building "D." Responsibilities of GUP DEZ:<…входит содержание имущества общего пользования, включая контроль за его состоянием, проведение осмотров и профилактических ремонтов в случае их необходимости, в том числе трубопровода горячего водоснабжения…>

According to p.p. 1, 2 and 9 st. 161 of the Housing Code of the Russian Federation, the management of an apartment building should ensure favorable and safe conditions residence of citizens, proper maintenance common property in an apartment building, resolving issues of using the said property, as well as providing utilities citizens living in such a house.

In accordance with paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation<…вред, причиненный имуществу гражданина, подлежит возмещению в полном объеме лицом, причинившим вред….>

According to the explanations contained in clause 11 of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 1 dated January 26, 2010 “On the application by the courts of civil law governing relations on obligations due to causing harm to the life or health of a citizen” according to general rule 1 and 2 of Article 1064 of the Civil Code of the Russian Federation, liability for causing harm rests with the person who caused the harm, unless he proves the absence of his guilt. The presumption of guilt of the tortfeasor established by Article 1064 of the Civil Code of the Russian Federation assumes that the defendant himself must provide evidence of the absence of his guilt.

In the course of the trial, evidence confirming that GUP DEZ duly fulfilled its obligations to maintain common property in an apartment building was not presented by the defendant.

court conclusion

Thus, the court came to a reasonable conclusion that GUP DEZ ... by virtue of the obligations assumed for the maintenance and current repairs in-house engineering equipment general purpose should be liable for the damage caused to the plaintiff.

What was the court guided by in determining the amount of compensation for non-pecuniary damage?

In accordance with Art. 15 of the Law of the Russian Federation of December 7, 1992 No. 2300-1 "On Protection of Consumer Rights"<…моральный вред, причиненный потребителю вследствие нарушения изготовителем (исполнителем, продавцом, уполномоченной организацией или уполномоченным индивидуальным предпринимателем, импортером) прав потребителя, предусмотренных законами и правовыми актами Российской Федерации, регулирующими отношения в области защиты прав потребителей, подлежит компенсации причинителем вреда при наличии его вины. Размер компенсации морального вреда определяется судом и не зависит от размера возмещения имущественного вреда…>.

In accordance with the Preamble of the Law of the Russian Federation "On the Protection of Consumer Rights", which defines the range of relations subject to regulation by this law, legal relations that have arisen between the plaintiffs and the defendant are subject to this law.

Since, during the consideration of the case, it was established that the flood of the apartment occurred through the fault of the defendant as a result of improper fulfillment of the obligation to control maintenance of the housing stock, its condition, maintenance in good order, performance, adjustment and regulation of engineering systems, taking into account the principles of reasonableness and fairness, as well as taking into account the degree of physical and moral suffering inflicted on the plaintiff "D." the court considered it necessary to recover from the defendant in favor of the plaintiff “D.” compensation for non-pecuniary damage in the amount of 1000 RUB.

When determining the amount of monetary compensation for non-pecuniary damage "Ch." the court, taking into account the nature and severity of the bodily injuries inflicted on her, the actual circumstances of causing harm to health, the moral and physical suffering associated with this, rightfully recovered from the defendant in favor of “Ch.” pecuniary compensation for non-pecuniary damage in the amount of 20,000 rubles, recognizing the said amount as reasonable and appropriate to the actual circumstances of the case.

Damage calculation

Based on the act of flooding the apartment through the fault of the management company, the expert draws up a price list, which will determine what and how will need to be repaired in your apartment and how long it will take (Order of the UGZ and UZHKHiB No. (Appendix 2) "Regulations on the procedure for carrying out repairs associated with damage to residential premises").

If it is established that you were flooded precisely through the fault of the housing and communal services, then the flooded tenant will be reimbursed for the cost of the losses incurred by him, or they will be offered to make repairs.

If the representatives of the Criminal Code do not get in touch in any way, then the victim himself calls an expert appraiser and he will already draw up his report (Federal Law No. 135-FZ; as amended on July 13, 2015 “On Appraisal Activities”).

How should an act be drawn up?

The act, which is drawn up if the apartment is flooded through the fault of the Management Company, is developed in an arbitrary form. There is no strict template for this document. However, it must contain:

1. The time and date the document was created.
2. Name of UK.
3. The name of the person who prepared the document.
4. Information about the owner of the apartment.
5. The date of the flood.
6. Affected objects and the level of damage caused.
7. Reason for the flood.
8. The presence of violations in the operation of the apartment.
9. Signatures of all persons included in the commission.

What to do after receiving the act

To file a pre-trial claim and a statement of claim, you will need to justify the amount of compensation. In litigation, an act from a private appraisal company will become a more significant argument than the calculations of the victim himself.

Important! It is recommended not to refuse to file a pre-trial claim. Subject to due process, you are also entitled to an additional 50% of the amount awarded by the court. According to Art. 13, clause 6 "On Protection of Consumer Rights", an organization that refused to comply with the legal requirements of citizens in a pre-trial order is fined in favor of the consumer.

Where to write a complaint - to the Criminal Code or to the contractor?

The claim is sent only to the housing and communal services. It was with them that you once signed an agreement. You pay rent to them. Moreover, the Rules for the Maintenance of Common Property expressly state that this organization is obliged to compensate you in full for the damage, and if it does not want to, it will act as a defendant in court. It is she, not the contractor.

Many people believe that the Management Company and the Operational Office (DEZ) are one and the same. And unscrupulous officials do not dissuade them - but why, if there is such a good opportunity to avoid responsibility.

What do we have to do with it, you can often hear it on the phone, contact DEZ! This is how an ignorant person gets hooked on his own ignorance.

An operating company is a contractor hired to ensure the proper operation of all engineering systems in a residential building. She did not conclude any contracts with the tenant, and therefore cannot be responsible for the fact that someone's apartment suffered the fate of Atlantis.

That is, the tenant, angry with the bay, sues the operating company and, having received a natural refusal, stops. Rather, it does not stop, but goes to repair the flooded housing on its own (which, as we remember, should never be done).

As a result, the Management Company has both money and reputation intact, and the layman endures, because he is either afraid to sue, or does not know who to seek the truth from. Whereas in fact it was necessary not to get lost, but to sue the management company, and this case would have been won!

That is why, if housing and communal services employees let you know that they are not to blame for what happened and even refer to some documents, do not listen and do not look for the truth yourself.

Immediately contact a competent lawyer who will help you draw up an application and help you win the court.

How to write an application to the management company about the bay of the apartment

According to Article 36 of the Housing Code of the Russian Federation (hereinafter referred to as the RF Housing Code), the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 (hereinafter referred to as Resolution No. 491), the technical floor is common property owners of premises in an apartment building.

According to paragraph 16 of Decree No. 491, the proper maintenance of common property is ensured, among other things, by the owners of the premises by concluding an agreement on the management of an apartment building with a managing organization - in accordance with Part 5 of Art. 161 and Art. 162 ZhK RF.

Requirements for the maintenance of common property are provided for in Section II of the Rules for the maintenance of common property in an apartment building.

Management, maintenance and repair of the common property of an apartment building is carried out by a management company.

Thus, the obligation to conduct technical inspections of the condition of the common property of an apartment building, as well as to repair or replace this property, lies with the management company with which the corresponding agreement has been concluded.

By virtue of Article 309 of the Civil Code of the Russian Federation, obligations must be properly performed in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements, in accordance with business practices or other usually imposed requirements.

According to paragraph 1 of Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount.

In accordance with paragraph 2 of Art. 15 of the Civil Code of the Russian Federation, losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property.

By virtue of Article 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen, as well as harm caused to property legal entity, is subject to compensation in full by the person who caused the harm.

A law or an agreement may establish the obligation of the tortfeasor to pay compensation to the victims in excess of compensation for harm.

To fix the bay, you need to contact the emergency service of the management company, whose specialists will draw up an act of inspection and examination of the apartment (residential premises).

Then, in order to determine the market value of the work and materials necessary to eliminate the damage caused to the apartment, you must contact the appraisal organization.

Based on the results of the inspection of the apartment, the appraiser will prepare a report.

In case of non-satisfaction of the requirements specified in the claim, you have the right to apply to the court with a statement of claim.

The document is written in the name of the chief engineer of the management company from the owner of the dwelling, who indicates his full data in the "header" of the application. The body of the claim must include:

• date and time when your home was flooded;
• which specialist and when recorded this fact;
• which parts of your apartment were affected and to what extent;
• a request to come and draw up an act of the bay with the commission, to establish the cause of what happened.

It may turn out that the neighbors refuse to make contact with you and do not even open the door (including the locksmith). This should be indicated in the text of the application.

Sample letter to management company

Head

limited liability companies

"Housing-46"

400064, Volgograd, st. M. Eremenko, 70

Volgograd, pr. L., d. XX,

Volgograd, pr. L., d. XX,

Claim

XX.XX.2014, an apartment was flooded, located at the address: Volgograd, L. Ave., XX, apt. XX, which belongs to us on the right of ownership, which is confirmed by the Certificates of state registration of rights dated XX.XX.2001 and XX.XX.2003.

The above is confirmed by a joint survey report without a number dated XX.XX.2014, drawn up by employees of Zhile-46 LLC.

According to the conclusions specified in the act, the cause of the flooding was a leak in a cast-iron outlet on a kitchen riser with a diameter of 50 mm, located in apartment No. XX.

I turned to LLC ANOE "Medveditsa" with a question about the assessment of the cost of damage caused by flooding. According to the report No. ХХХХ / ХХ-14 on the assessment of the market value of the work and materials necessary to eliminate the damage caused by interior decoration and property of a four-room apartment located at the address: Volgograd, L. Ave., d. XX, apt. XX dated XX.XX.2014 the cost of the restoration repair amounted to XXXXX rubles.

For the preparation of the report, I paid XXXX rubles.

According to paragraphs 1, 2 and 9 of Article 161 of the Housing Code of the Russian Federation, the management of an apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house .

In accordance with Part 2 of Article 162 of the Housing Code of the Russian Federation, under an apartment building management agreement, one party (managing organization) on behalf of the other party (owners of premises in an apartment building, management bodies of a homeowners association or management bodies of a housing cooperative or management bodies of another specialized consumer cooperative ) within the agreed period, for a fee, undertakes to provide services and perform work on the proper maintenance and repair of common property in such a house, to provide utility services to the owners of premises in such a house and to persons using premises in this house, to carry out other activities aimed at achieving the goals of managing an apartment building .

Thus, the responsibility of the managing organization under the apartment building management agreement is to provide services and perform work on the proper maintenance and repair of common property in such a building.

Pursuant to paragraph 3 of Art. 39 of the Housing Code of the Russian Federation, the Government of the Russian Federation, by Resolution No. 491 of August 13, 2006, approved the Rules for the maintenance of common property in an apartment building.

According to clause 5 of the above Rules, the common property includes an in-house engineering drainage system, consisting of sewer outlets, fittings (including bends, transitions, nozzles, revisions, crosses, tees), risers, plugs, exhaust pipes, drain funnels, cleaning, branches from risers to the first butt joints, as well as other equipment located in this system.

According to these Rules: clause 10 - common property must be maintained in accordance with the requirements of the legislation of the Russian Federation in a condition that ensures compliance with the reliability and safety characteristics of an apartment building, safety for the life and health of citizens, safety of property individuals, availability of use of residential premises, observance of the rights and legitimate interests of the owners of premises;

According to paragraph 42 of the Rules, managing organizations and persons providing services and performing work under the direct management of an apartment building are responsible to the owners of the premises for violation of their obligations and are responsible for the proper maintenance of common property in accordance with the legislation of the Russian Federation and the contract.

According to Art. 29 of the Law of Ukraine The consumer is also entitled to demand full compensation for losses caused to him due to shortcomings in the work performed (service rendered). Losses are reimbursed within the time limits established to meet the relevant requirements of the consumer.

We, as consumers, have purchased multi-apartment management services residential building inadequate quality. The management company did not ensure the proper condition of the riser outlet, as a result of which we suffered losses.

In accordance with paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm. By virtue of paragraph 1, paragraph 2 of Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount.

Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (actual damage), as well as lost income that this person would have received under normal conditions of civil circulation, if his right was not violated (lost profit).

Based on the foregoing, guided by the articles of Art. 15, 28, 29, 31 ZPP, Art. 15, 1064 of the Civil Code of the Russian Federation,

Compensate for the damage caused in our favor in proportion to the shares in the ownership of the apartment:

1. the cost of restoring the apartment - XXXXX ruble;
2. the cost of the report - XXXX rubles;

Appendix:

1. Copy of the certificate - 1 copy.
2. Copy of the certificate - 1 copy.
3. A copy of the act of joint examination - 1 copy.
4. Copy of the contract, act - 1 copy.
5. Copy of receipt, check - 1 copy.
6. Copy of the report - 1 copy.

_________________________

__________________________

The management company refuses to draw up an act of flooding

You should not think that the Management Company will be eager to pay for the losses incurred through their fault. On the contrary, most likely, they will try to either ignore you or mislead you. If none of the representatives of the housing and communal services came:

• notify by urgent telegram;
• draw up an act yourself, in the presence of neighbors. At the end of the document, it will be necessary to write that the responsible organization refused to send its representative and draw up an act, although it was duly notified.
• When the act is drawn up, first try to contact the perpetrators of the accident.

Very often, realizing that the tenant is serious, they change their line of behavior and they manage to agree on the amount of damage to be paid. If not, call an independent expert.

And preferably as soon as possible - no later than five days after you were flooded.

• After receiving a report from an expert, you can officially demand from the Management Company to compensate your damage. Or sue (Article 1064 of the Civil Code of the Russian Federation).

If the case still went to court

No matter how absurd it sounds, but still try to negotiate with the housing and communal services. Try again. Often they go forward and the case can be resolved without the involvement of Themis. Otherwise, there will be a slow and rather costly process. To do this, you will need the following papers:

• identification;
• statement (indicate the full name of the judicial authority, the price of the claim and what you want to receive as a result of the proceedings. If the amount of the claim is less than fifty thousand, then your case will be considered by the world court, if more - by the district court - article 23 of the Code of Civil Procedure of the Russian Federation.);
• an act on the bay of the apartment;
• expert appraiser's report;
• other documented evidence that it was the Management Company that was responsible for the flood in your apartment (including the number of your application to the ODS, information about which dispatcher accepted it and when).

It must be said that the judicial practice on such issues is absolutely heterogeneous. The judge can decide the case both in favor of the flooded and in favor of housing and communal services (which is not so rare). That is why this process cannot be started alone, without the support of a lawyer.

As you can see, flooding an apartment is unpleasant, but not fatal. If you have even the slightest doubt about what to do and where to turn, it’s better not to be stingy with a consultation with a lawyer - it is very likely that you will have to prove your case in court and any little thing that seems insignificant to you will turn out to be a loss for you.

Compensation for damage caused by a roof leak

Due to snowy winters, roof leaks have become a serious problem for St. Petersburg residents. Snow is not removed from the roofs, melts due to temperature changes and as a result causes serious damage to the residents of the upper floors. When applying for help to the HOA, residents are usually sent to contractors, from there to municipal institutions (former ZhEKs), and the latter offer to contact the HOA.

Who to contact for compensation for damage caused by a roof leak

Along with apartments, there are other objects in an apartment building: stairs, landings, elevators, a roof, etc. All these objects fall under the concept of "common property in an apartment building." The apartment owners bear the burden of maintaining this property. That is, this property is maintained at their expense.

Apartment owners in an apartment building can choose various ways contents of this property:

1. By concluding an agreement on the management of an apartment building with a management company.

Ordinary private companies, or “near-state organizations” - DEZ, ZHEU, etc. can act as a management company.

1. If the owners decide to directly manage the apartment building (not through the HOA, management company, etc.), then they conclude agreements on the repair and maintenance of common property with third parties.
2. By membership in a homeowners' association (HOA), a housing cooperative (HK), a housing construction cooperative (HBC).
3. By concluding an agreement with the HOA, ZhK, ZhSK, if a particular person is not a member of them.

Thus, the owners of residential premises impose the obligation to manage an apartment building on the above persons on the basis of a concluded agreement (or membership). And it is these persons who are responsible for the maintenance and repair of common property.

In accordance with clauses 4.6.1.1 and 4.6.1.23 of the Rules and Norms for the Technical Maintenance of the Housing Stock, these persons, in particular, are responsible for:

• removal of ice and icicles;
• cleaning roofs from snow;
• ensuring protection against moisture of structures from leaks of the roof or engineering equipment;
• ensuring serviceability in the places where the water intake funnels mate with the roof, the absence of clogging and icing of the funnels, the flow of the joints of the drainpipe and the condensation moistening of the thermal insulation of the riser.

Thus, the person obliged to compensate for the damage caused by a roof leak is the organization that manages the apartment building on the basis of an agreement (or membership) concluded with it.

What to do in the event of a roof leak

1. First, it is necessary to inspect and draw up an act in which the fact of leakage, the reason for the leakage and a list of damaged property should be recorded.

Important! Drawing up an act in connection with a roof leak has certain specifics, due to the fact that the person responsible for causing harm (management company, etc.) may evade the inspection. In this case, it is necessary to submit an application to the State Housing Inspectorate for an inspection on the fact of violation of the rules for the maintenance and repair of residential buildings and bringing the perpetrators to administrative responsibility.

If the person responsible for causing damage caused by a roof leak continues to evade inspection and drawing up an act, then these actions can be performed without him by inviting neighbors and a technical specialist (plumber).

1. The next step is the assessment of the damage caused by an independent appraiser in accordance with the law "On Appraisal Activities in the Russian Federation".
2. After that, if the guilty person refuses to voluntarily compensate for the damage caused by a roof leak, it is necessary to file a claim with the court.

If the amount of damage is less than 50,000 rubles, then the claim must be filed with a justice of the peace, if more - in district court. The claim is brought at the place of residence of the defendant. If there are several defendants - at the place of residence or location of one of them.

Along with the damage, the injured person will be able to recover from the perpetrator and court costs, which include, in particular, the costs of paying for the services of lawyers representing the interests of the plaintiff in court proceedings.

Many residents face certain problems regarding the apartment.

Most often this is due to the failure of certain supply systems - gas, water, heat or electricity. This causes inconvenience. However, these situations can provoke problems not only for those living in a particular apartment, but also for neighbors. One example is the flooding of a room.

Pouring and flooding an apartment can be effective different reasons and this can create a lot of problems. This is due not only to the inconvenience due to the presence of water in the room. The bay leads to a violation of the quality of things and furniture, as well as the failure of household and computer equipment located in the apartment. That is, the residents suffer significant property damage.

Possible reasons

The circumstances that led to the flooding can be both objective and subjective. That is, the problem may arise due to the fault of the owner, tenant or tenant, third parties, as well as due to an accident or natural disaster. The law provides protection to the injured party.

Flooding of an apartment due to the fault of the management company may be due to a breakthrough in the water supply system, leakage of the roof and roof, sewer failure, etc. In turn, the failure of equipment or engineering systems occurs due to improper operation, violation of the technical standards of the installation or natural wear and tear. In the case of use, the responsibility lies with the residents. They must use the installed equipment only for its intended purpose and do not have the right to repair breakdowns on their own. All other responsibility lies with the management company. It must monitor the health of all supply systems and the quality of the building itself, timely replace and troubleshoot equipment.

Drawing up an act

The fact of the flood must be documented by the consumer. For this, an act is drawn up. Such a document will be required in the future. It will act as one of the grounds for recovering compensation for the damage caused. For drawing up the act, the presence of several people is necessary. Its sole registration by law is not allowed. The template to be used in without fail not defined by current legislation. However, it must be drawn up taking into account the requirements of general regulatory legal acts.

Subsequently, the executed document can be used as one of the evidence in the trial. The drafting of the act is provided for by Decree of the Government of the Russian Federation of May 6, 2011 No. 354 “On the provision of public services to owners and users of premises in apartment buildings and residential buildings”.

Members

The act of flooding an apartment is a document that is drawn up by a commission. That is, it cannot be designed by one person.

The following persons are involved in the drafting of the act:

1. injured party. This may be the owner or tenant of the apartment that was flooded, as well as other people living in it.
2. Guilty side. Neighbors, through whose fault the flooding occurred, act as such. But in this case, it will be representatives of the management company.
3. Neighbors who are involved in the preparation of the act as witnesses.
4. Representatives of the company providing housing and communal services. If the flooding was due to her fault, then it would be right to invite specialists from another organization, for example, a housing inspectorate.

In practice, it is not uncommon for the guilty party to withdraw from being present at the time of drawing up the act or refuse to sign it. Such facts are not an obstacle to the execution of the document. The fact of refusal must be reflected in the act and confirmed by the signatures of witnesses.

Form and content

The act is drawn up in writing. In this case, ordinary office paper can be used. However, in practice, for convenience, a printed form is used. At the same time, it is filled in by hand, using stationery pen, since the direct contractor draws it up at the site of the flood, and in such a situation, technical means of printing may not always be available.

The text of the act should indicate the following:

1. Approving signature of the head of the organization that compiled the document.
2. Act number.
3. The address of the apartment that was flooded.
4. Composition of the commission. Surnames, names, patronymics and positions held by all its members are indicated here.
5. Information about the owner or tenant of the apartment.
6. Detailed description of the premises - area, number of storeys, number of rooms.
7. Date of flooding of the apartment and damage caused.
8. Reasons for this.
9. The requirements of what norms for the technical operation of equipment or buildings were violated.
10. Measures to be taken to deal with the effects of flooding, such as repairs or replacement of appliances.
11. Party liable to pay damages.
12. Detailed description of the damages incurred. Here the damage is indicated in relation to each room of the apartment.
13. The amount of work that needs to be done in all rooms.
14. Information about the injured and the guilty party.
15. Signatures of all interested parties and commission members.
16. The date of the act.

A copy of the document should be issued for each of the interested parties. The drawn up act must be certified by the seal of the organization whose commission conducted the inspection.

Definition of the guilty person

To compensate for the damage caused by the flooding of the apartment, it is necessary to establish the guilty party.

To do this, an audit is carried out, according to the results of which an act is drawn up. However, this may not be the end of it. In practice, it is not uncommon for the guilty party to disagree with the requirements of the victim. In such cases, it is necessary to conduct an examination. An independent specialist will assess what happened and in the conclusion indicate the reasons, as well as the guilty party.

It should be noted that the opinion of an expert is not binding on the guilty party, but it can be used as an argument during negotiations, or as evidence in a trial.

Definition of damage

In addition to the guilty party, it is also necessary to determine the amount of damage caused. To do this, you need to use the services of an appraiser. The latter will conduct the necessary verification and give an opinion on the amount of losses. In this case, the appraiser will check the amount of damage caused. Next, he will determine the cost of restoration work, if any.

Also, the final amount will include the cost of materials and items that must be purchased to eliminate the damage. The appraiser's opinion can be used as a justification for sending a claim to the management company, as well as evidence for legal proceedings.

Filing a claim

An interested person whose apartment was flooded through the fault of the management company must file a claim with the Criminal Code. Such a document is the basis for negotiations in order to pre-trial settlement of the dispute. The claim must be drawn up in accordance with the requirements of the current legislation and contain the requirements of the victim.

The completed appeal is sent to the management company. This duty rests with the injured party. This can be done in several ways: send it by mail, send it in person or through a legal representative, send it over the Internet.

Registration

In most cases, the claim is made in writing, although it is possible to draw up electronic version, for example, in the case of referral via the Internet.

The body of the document should include the following:

1. The name and address of the management company, as well as information about its head.
2. Data of the injured party - last name, first name, patronymic, place of residence, contact phone number.
3. Address of the flooded apartment. It is indicated in cases where the owner does not actually live in it.
4. Causes of damage and its extent.
5. Loss cost.
6. The claims of the injured party and the deadlines for their implementation.
7. List of attached documentation.
8. Date of claim and signature of the initiator.

The claim is accompanied by an act on the flooding of the apartment, as well as the conclusions of an expert and an appraiser.

Requirements for the UK

Without fail, the text of the claim must contain the requirements of the injured party. Otherwise, the appeal loses its meaning. Claims are most often expressed in the payment of a certain amount of money as compensation for the damage caused.

The amount of payment is confirmed by the expert's assessment. The amount must be indicated in figures and in words. It is not uncommon for the injured party to require repair work at the expense of the management company, as well as to replace the damaged property with an equivalent one. This is permitted by applicable law. In any case, the claims of the victim must be documented.

Going to court

Not always the claim procedure gives the expected result. More often, the management company does not agree to satisfy the requirements of the initiator or partially compensates for the damage. In such cases, everyone has the right to resolve the dispute in court. To do this, you will need to follow the sequence of actions, draw up a statement of claim and attach documents substantiating the appeal to it. The collected material must be sent to the court. This responsibility rests with the plaintiff. This can be done in several ways.

The most common and optimal is personal delivery. This option gives the initiator the opportunity to eliminate possible inaccuracies on the spot or get advice on how to eliminate errors. Also, a person can personally make sure that the information package is delivered to its destination and accepted for consideration.

Postage is also allowed. In this case, the documents must be sent by special mail with acknowledgment of receipt to the addressee. This option eliminates the possibility of immediately correcting existing errors.

You can also submit your claim online. In this case, you will need to convert all documentation to digital format. Delivery in this case is quite fast, and the sender receives a notification to his e-mail.

Drawing up a claim

The statement of claim can be drawn up on a sheet of office paper, using a stationery pen or technical means print. A prerequisite is the presence of the signature of the plaintiff.

The text of the application must include the following:

1. The name and address of the court to which the claim is filed.
2. Surname, name, patronymic, place of residence of the victim, as well as a contact phone number.
3. Respondent's name and address.
4. Information about the transaction - the date and place of the conclusion of the contract for the provision of services, its cost, subject matter, rights, obligations and responsibilities of the parties, validity period.
5. Date of flooding.
6. Causes and extent of damage.
7. Measures taken for pre-trial settlement of the dispute.
8. Plaintiff's claims.
9. List of attached documents.
10. The date the claim was made.

The application must be signed by the injured party or its representative.

Required documents

The initiator of the appeal must do everything according to the law, and attach documents to his application that will be the justification for the claim. This is the only way to get your money back.

These include:

1. The act of flooding the apartment.
2. Conclusions of the expert and appraiser.
3. The claim that was sent to the management company, as well as the response received, if any.
4. Description of the damaged property.

A receipt confirming the payment of the state fee for consideration of the appeal is also attached to the claim.

The court's decision

After the claim material is received by the court, it is subjected to a detailed analysis in order to identify inaccuracies and errors. The date, time and place of the meeting is then set. Both parties to the dispute must be informed of this. Notification is sent by mail, the Internet or to a number mobile phone. On the day of the meeting, the presence of all those called is checked, and the reasons for the absence of anyone are also established. In the course of the proceedings, all the materials provided are considered, the parties, their representatives, as well as witnesses are interviewed. After that, the judge makes a decision. The results are communicated to both sides of the dispute by reading the conclusion aloud.

Copies of the decision, after its entry into force, are sent to the plaintiff and the defendant. Each of the parties may receive an opinion in their hands on the day of its issuance. However, in this case, there will be no mark on its entry into force on the decision.

Effective date

The decision of the court on the claim for flooding of the apartment shall enter into force after the expiration of the period for its appeal. It is ten days from the date of the conclusion. If the appeal is not filed within the specified period, the decision becomes effective. When the complaint is nevertheless sent, the entry into force will occur after its consideration. If the original decision is reversed, it will take effect immediately.

Execution

After the court decision has entered into force, the victim will be issued a writ of execution. This document is the basis for applying to the bailiff service to recover compensation for the damage caused.

Arbitrage practice

In one of the courts of the Republic of Bashkortostan of the Russian Federation, a person's claim against the management company for compensation for damage as a result of a roof leak was considered.

During the consideration of the appeal, the following was established. The initiator is the owner of the apartment. Due to the fact that the management company improperly performed its duties, the roof leaked. This resulted in flooding of the plaintiff's apartment. On this fact, an act was drawn up. The plaintiff appealed to the management company with a request to indicate the cause of the flooding. However, they received no response. After that, the initiator turned to the appraiser to calculate the amount of damage. The management company was duly informed about this. However, the Criminal Code did not send its representative. Based on the foregoing, the plaintiff demanded to oblige the defendant to compensate for the material and moral damage caused, to pay a penalty, a fine, the costs of paying for the services of a representative, notary, appraiser, and postage.

The representative of the management company did not deny the fact of flooding, however, he disagreed with the amount of compensation required by the initiator.

In the process of studying the submitted documentary materials, the court found that the plaintiff was indeed the owner of the flooded apartment. The problem arose due to the leakage of the roof, which is confirmed by the act and the expert opinion. This became possible due to the improper performance by the management company of its duties. The Criminal Code ignored the claim of the initiator. The costs of the appraiser's services cannot be reimbursed, since the court appointed its own expertise.

Based on the above, a decision was made. The defendant was ordered to compensate for moral and material damage, the costs of preparing a claim, paying for the services of a representative, postage and copying, as well as paying a state fee for considering a claim and repaying the costs of conducting a forensic examination.

Having learned about the flood, the owner of the apartment, as a rule, having calculated the loss, begins to make claims for damages to the neighbors from above. However, this is wrong. Flooding of the apartment can also occur through the fault of the management company (MC). In this case, you should contact the management company with a request to eliminate the damage and compensate for the damage caused. The reasons due to which the apartment is flooded through the fault of the management company:

• ZhEK untimely carried out repairs on the roof;
• burst sewer pipes;
• burst heating pipes;
• burst water pipes, etc.

The basic rule here is that the breakthrough of pipes (risers, taps, etc.) must occur in a house that is in the common property of the owners of residential premises in an apartment building. Communal organizations (including the Criminal Code) are responsible for the management, maintenance and maintenance of common house property. In this case, a complaint is made to the head of the house service company and demand compensation. In case of refusal to compensate for damage caused by the bay of the apartment, it is required to write a statement of claim to the court. How to correctly write a statement to the housing office in a pre-trial order, how a claim is made by the Criminal Code because of the flood of an apartment, how to complain to the court about the incorrect behavior of the company that flooded you, we will consider further in the text.

Also, users of the site can get advice from competent legal professionals.

Leave a request through the feedback form and our lawyers will contact you shortly.

If you have managed to flood (no matter who, neighbors or utilities), the main thing is not to be nervous. First of all, you should find the place of the accident and at the same time call the employees of the ZhEKa to eliminate the breakthrough. Record the situation in the apartment with the help of photo and / or video equipment. Remember to turn off the electrical network in order to avoid an accident. Invite representatives from the management company to inspect the scene of the incident. The service organization organizes a special commission, the composition of which includes:

• employees of the Criminal Code;
• a representative of the residents (often a “senior” is chosen at the entrance);
• the owner whose apartment was flooded.

All of them conduct a survey of the victim's living quarters and draw up an act. The most controversial issues in the preparation of the survey report and further in resolving the conflict are:

• determination of the culprit of the flood;
• assessment of damage to be consumed.

As a rule, controversial issues can only be resolved by involving specialists. In this case, an independent expert is implied. It can be either a person representing an expert company or working individually. The main thing: the presence of a special permit for appraisal work. An independent technical expertise will help determine the culprit of the flood. It should be borne in mind that the results of such a check are used only as recommendations. The final amount of compensation is established by agreement between the parties or in court. The conclusions of the expert for the court are of decisive importance. Although the arguments of the parties, based on judicial practice in such cases, the judge also listens.

How much can you expect

When filling out and signing the act of flooding, carefully double-check each entry made. Based on it, the invited specialist will compile an inventory of the affected property, assess its value and the degree of damage. Also, the expert's opinion will be expressed, how much effort and money is required to spend in order to return the former appearance to the premises affected by water. Utilities (provided that their fault is undeniable) have two options for resolving a conflict situation:

• pay compensation in monetary terms;
• repair everything yourself.

Do not expect that representatives of public utilities will voluntarily go to meet you and satisfy your requirements.

Most often they do not want to make contact. You should prepare for the fact that you will have to call the appraiser yourself and pay him out of your own pocket. This should be done within the first three days after the accident. Three days are considered the most favorable period - during this time the consequences of the flood will manifest themselves in full. If you want to achieve justice, you will have to endure a mess in the apartment for a while. It is not recommended to get rid of the consequences of the flood on your own. In this case, even in court, the amount of damage to recover from the culprit will not work. But it is possible in a statement of claim (as well as in a claim to the Criminal Code), in addition to compensation for damage, to demand payment of:

• the moral side of the situation;
• lost profits (if the affected property was used to generate income).

Before starting a lawsuit with a guilty person, get advice from an experienced lawyer. This can be done for free on our website.

The difference between DEZ and UK

Many do not understand the difference between a contractor that directly maintains the engineering systems of an apartment building and a management company with which apartment owners enter into contracts. Moreover, the management of the Criminal Code does not even try to give detailed explanations to their clients, trying to relieve themselves of the yoke of responsibility. Due to their own illiteracy, people are left with nothing, eliminating the consequences of the bay on their own. DEZ is hired to maintain an apartment building, they are just a contractor. And no compensation can be demanded from them. After all, every homeowner has a contractual relationship with the Criminal Code, and not with DEZ. And it is the management companies (in accordance with the provisions of the contract) that are responsible and obliged to eliminate the consequences of the flood of apartments (provided that it is really their fault). Don't give up when you get a message from a utility company that it's not their fault, and you still won't get anywhere. You have to seek justice on your own. On our site you can:

The claim must be written within a month. You will need to obtain consent or refusal within thirty days, and then, when you apply to the judicial authorities. The site's lawyers will help you file a claim and explain the procedure for each stage of the trial.

Trial stage

Before going to court, try to resolve the situation with the service company. The fact is that litigation lasts a long time and the decision is not always made in favor of the plaintiff.

For the duration of the proceedings, you can forget about the repair work. If there is no other way out, in addition to the statement of claim, the following documentation will be required:

• identification;
• confirmation of property rights;
• act on the fact of flooding;
• official opinion of experts;
• the refusal of public utilities to take the blame in writing (if it took place);
• papers confirming an attempt to resolve the conflict in a pre-trial order (for example, a receipt for sending
• claims at the location of the Criminal Code);
• payment of state duty;
• information about applying to DEZ.

If there are results of photo and video shooting, the testimony of neighbors (as witnesses) should also be attached to the court proceedings. After the guilt of the public utilities is proven, they will also have to pay:

• appraiser costs;
• legal costs;
• attorney fees (if you hire one).

Before going to court, you need to enlist the support of a legally competent person. In this case, the chances of winning the case increase. A professional won't let one slip away important detail, at first glance seemed to you a trifle. He will tell you which court to apply to so as not to waste precious time on refusals to accept a claim from the court. So, when the amount of the claim is less than fifty thousand, they turn to the justice of the peace. If the amount of the claim is more than fifty thousand, they turn to the district judge. But there is also territorial jurisdiction.

You can get a free consultation of a lawyer, without queues and unnecessary loss of time, on our website.

Valery Isaev

Valery Isaev graduated from the Moscow State legal institute. Over the years of work in the legal field, he has handled many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.

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