The Roof Leaked: About the Difficulties of Living on the Top Floor in Riga 0 71

But is it possible to get them to eliminate the mold and make cosmetic repairs in the apartment, since the problems in the apartment arose due to their fault? And if so, how? A reader from bb.lv

Answers Anna Kaleri, lawyer:

– Everything related to the operation and management of buildings is regulated by several laws — the Apartment Ownership Law, the Civil Code, and others. In turn, the chances of success in a court process always depend on the evidence that the parties provide to the court.

In this case, there must be evidence that:

• the owner tried to solve the problem while the manager ignored the owner's requests;

• there is a causal link between the inaction of the management company and the damage caused to the apartment owner.

• the damage occurred as a result of an accident — the accident happened due to negligence or inaction of the manager, who ignored the signals from the residents, thus violating the requirements imposed on the management company by the Housing Management Law, the Service Agreement, and other regulations.

Unfortunately, from the question, it is impossible to understand what "the roof leak that was not addressed for a long time" means? How long — a month, a year, several years?

Furthermore: if there were numerous complaints — were they submitted in writing? Or did the apartment owner just call the information phone (which is now very difficult to prove)? I think it is necessary to consult a lawyer for advice on the specific case.

If some kind of accident occurred, it is essential to urgently call representatives of the management company and draw up an act that records the fact of the accident, possible causes of what happened, and the extent of the damage caused. From practice, I know that sometimes representatives of the management company are not very willing to write such acts; in this case, you can invite an independent licensed expert — however, it should be taken into account that this is a paid service.

If, according to the expert's conclusion, the fault for the damage lies with the management company (inaction, delayed response, poorly performed work, etc.), then after receiving the relevant act, a letter should be sent to the management company demanding compensation for the damage.

If there is a refusal — appeal to the court. The total amount of the claim can also include the amount paid to the independent expert for the conclusion.