“Flooded neighbors”
Let’s say you returned home and noticed that they started to drown you or, unfortunately, the neighbors from above flooded you.
It is advisable to immediately establish and eliminate the cause of flooding. But before you start cleaning the premises, it is worth fixing traces of damage. You can videotape or take a picture.
“It will be necessary to call, in addition to the plumber, immediately a representative of the KSK (OSI) and record what damage was caused by the flood. That is, they must fill out a flood report with you. It is advisable to receive this document within 24 hours. In some cases, when strong flood, I advise you to call the district police officer so that he also fixes it. And, of course, if possible, the owner of the apartment who flooded your property, so that he can see the scale of the flood,” he said.
It is important to know that the act of flooding should indicate where exactly the flooding occurred, its scale, and a detailed list of damaged property. For example, a washing machine (make and model) was damaged, the degree of damage.
The act must indicate the reason for the flooding (for example, an unclosed tap in apartment No. 12). And also the signatures of all those who took part in its preparation are required on the document. Be sure to capture everything on photo and video. It is recommended to print pictures of the traces of flooding later and ask those who filled out the act to sign on them. Perhaps these documents will be useful to you in court.
Daniyar Baigabatov strongly recommends not to be too lazy and call an independent appraiser, who will tell you the amount of damage. This document can help you in a dispute in court in the future, the lawyer believes.
“It is recommended to invite a licensed appraiser. It is advisable not to delay and call him no later than two to three days after the flood. He will fix all the damage and provide you with a document about it. It is important to keep all payment receipts related to the elimination of traces of flooding. This can help in court,” he said.
“Neighbors refuse to pay damages”
Daniyar Baigabatov emphasizes that it is necessary to apply in writing to the neighbors who flooded your property. It is important to submit a written claim for damages.
“It happens that even after a notification from the KSK (OSI), the owner of the apartment who flooded you is hiding. In this case, you need to send a registered letter, it is important that it be recorded that he received this message. If, after all these actions, the person refuses to peacefully resolve issue and reimburse the costs, then you need to file a claim for the amount of debt in connection with the repair work and the damage caused,” the expert concluded.
Thus, if the case does go to court, you will need: a flood report, a document from an independent appraiser, all receipts for expenses in connection with an emergency (call a plumber, electrician, etc.) and, of course, all photos and videos about consequences. With the necessary package of documents, you have the opportunity to sue within three years. However, the lawyer recommends not to delay, and if it is not possible to peacefully resolve the issue, then it is worth filing a lawsuit.
