Flooded by the neighbours upstairs: recording and recovering damage: what to do under Georgian law

What to do

1. Who is the defendant depends on the source of the leak. Hose, appliances, pipes inside the flat above: whoever unlawfully, intentionally or negligently caused the harm must compensate it (Civil Code Art. 992); for harm from water escaping from premises, the person who occupies them is liable (a resident, including a tenant) (Civil Code Art. 1004); only force majeure or the victim’s fault releases them (Civil Code Art. 1004); the owner must maintain the flat so as not to harm other owners (Law on Apartment Owners’ Associations Art. 21). If the flat is rented, the defendant is the resident (the owner — if its faulty plumbing was the source). Riser or roof: common engineering networks (risers) are common property of the owners (Law on Apartment Owners’ Associations Art. 5) — the claim is made to the owners or the association, not to the neighbour.
2. Record the damage immediately (Georgia has no “flood act” like the one in the Russian system): photos and video with dates, witnesses, an inspection act signed by the neighbour or the association’s chairman, correspondence with an admission. Each party proves its own circumstances — the plaintiff proves the fact, cause and extent of the flooding (Civil Procedure Code Art. 102). If the neighbour delays or covers up the traces, securing evidence through the court is possible even before a lawsuit (Civil Procedure Code Art. 109).
3. Amount: estimate and valuation before repairs; compensation means restoration of the prior condition (repair, replacement of items) (Civil Code Art. 408), or money if restoration is impossible or disproportionately expensive (Civil Code Art. 409), plus lost income (lost rent) (Civil Code Art. 411). A private expert opinion is submitted when the claim is filed or at the case-preparation stage (Civil Procedure Code Art. 162). Compensation is reduced if the victim, through inaction, did not mitigate the harm (Civil Code Art. 415). Non-pecuniary damage is recoverable only in cases expressly provided for by law; there is none for damage to property (Civil Code Art. 413).
4. Claim with a calculation and deadline; a settlement for the full amount with a payment schedule; a “no claims” statement — only after payment.
5. Court and deadlines: claims up to 5,000 GEL are heard by a magistrate judge (Civil Procedure Code Art. 14); state duty — 3% of the claim amount, not less than 100 GEL; before a magistrate judge it is half of that (Civil Procedure Code Art. 39); limitation — 3 years from when you learned of the damage or of the liable person (Civil Code Art. 1008).
6. Where to apply: neighbour or resident upstairs; association of owners — if the leak came from a common riser; magistrate judge or district (city) court.
7. Evidence: photos and video of the leak and its consequences, inspection act, witnesses, correspondence with the admission; estimate, receipts, expert opinion, property registry extract.
8. Pitfalls: waiting for a “management company act” as in the Russian model; carrying out repairs before recording the damage and obtaining an expert assessment; suing the neighbour when a common riser leaked, or suing the owner instead of the resident; claiming non-pecuniary damage for property; signing a “no claims” statement before payment.

Be sure to check

• the defendant — the resident or owner of the flat above, or the association if a common riser leaked
• immediate recording of the damage and its cause without a management company act; a private expert opinion is submitted with the lawsuit
• what is recoverable — restoration, items, lost income; there is no non-pecuniary damage for property
• claim → magistrate judge or district court, state duty; 3-year limitation period