What to Do if Your Neighbors Flood Your Apartment?

First minutes: stop the water and make the apartment safe

Flooding is one of the most unpleasant incidents a property owner in Turkey can face. In resort regions like Antalya, Alanya, and Bodrum, water leaks often occur during the off-season when owners are away and plumbing malfunctions. In multi-storey complexes in Istanbul and Ankara, the situation is exacerbated by dense construction: water from upper floors can seep through multiple apartments.

The main rule is to act quickly and without panic. First of all, turn off the electricity in the entire apartment via the circuit breaker — even if water is flowing away from outlets, moist air becomes an excellent conductor. Then shut off the water: contact the upstairs neighbors to close the taps in their unit. If they are not home, immediately call site yönetimi (the residential complex management) or apartman yöneticisi (the building manager) — they have keys to technical rooms to shut off the main riser. In an emergency, you can call the municipal emergency service at 185 (water utility) — in major Turkish cities, they respond promptly.

Documenting the damage: the report (tutanak) — your key evidence

Without properly executed documents, the chances of receiving compensation drop sharply. In Turkey, the key document in a flood case is the hasar tespit tutanağı (damage assessment report). It is drawn up by the site management (site yönetimi) in the presence of the affected owner, the at-fault neighbor, and preferably two independent witnesses — other residents of the building.

What the report must include:

• Exact address of the property and apartment numbers — yours and the at-fault unit;
• Date, time the leak was discovered, and its probable cause (burst pipe, open faucet, faulty washing machine);
• Detailed description of damages — walls, ceiling, flooring, furniture, electrical appliances;
• Signatures of the manager, the victim, the at-fault party, and witnesses.

If the upstairs neighbor refuses to sign the report — no problem. The manager makes a note of this in the document, and it remains legally valid. Right after the report is drawn up, make a copy. Keep the original with you — you'll need it for both the insurance company and the court.

Be sure to take photos and videos of all damages immediately after the flood, while water marks are most visible. Record from the building entrance to the affected areas inside the apartment, commenting on what happened — this will significantly strengthen your position in a possible court case.

Insurance in Turkey: what DASK covers and what it doesn't

Many Turkish property owners mistakenly believe that the mandatory DASK policy (Doğal Afet Sigortaları Kurumu — Natural Disaster Insurance) covers all damages. It does not: DASK only protects against earthquakes and the resulting fires, landslides, and tsunamis. Neighbor-caused flooding is not covered by DASK.

To cover household risks — leaks, plumbing failures, neighbor-caused floods — Turkey offers konut sigortası (voluntary home insurance). This policy is taken out with private insurance companies (Allianz, Axa, Anadolu Sigorta, etc.) and costs, depending on the property size and region, from 300 to 1500 lira per year. If you have konut sigortası, immediately after documenting the damage, call your insurance agent, file a claim, and request an adjuster for assessment. The insurance company will pay you compensation and then seek reimbursement from the at-fault party through subrogation.

If you have no insurance, the entire burden of compensation falls directly on the at-fault neighbor, which is governed by the Türk Borçlar Kanunu (Turkish Code of Obligations, Art. 49 et seq.) and the Kat Mülkiyeti Kanunu (Condominium Law No. 634).

Amicable settlement: how to reach an agreement with the neighbor

The best scenario for all parties is to settle out of court. After the report is drawn up, contact the at-fault neighbor and suggest a joint assessment of the damage. If the neighbor admits fault and is willing to pay, proceed as follows:

1. Hire an independent assessor — a bilirkişi (court expert) who will prepare a professional report on the cost of restoration. In Turkey, this service costs from 2000 to 5000 lira, depending on the extent of the damage.
2. Based on the expert's opinion, draw up an estimate and sign a voluntary compensation agreement with the neighbor — preferably notarized (noter tasdikli). In the agreement, specify the amount, timeline, and method of payment.
3. If the neighbor asks for installments, put the payment schedule in writing.

Important nuance in Turkish practice: do not start repairs until the matter is fully resolved — not until you receive the money or until the agreement is signed. Repaired traces of flooding will destroy your evidence.

If the neighbor refuses to pay: going to court

When peaceful negotiations reach a dead end, the legal route remains. In Turkey, flood damage claims are heard by the Sulh Hukuk Mahkemesi (Justice of the Peace Court) at the location of the property. For foreigners who own property in Turkey, the process may seem complicated, but with proper preparation it is entirely feasible.

Documents required for court:

• Statement of claim (dava dilekçesi) — strongly recommended to prepare with a Turkish lawyer;
• Original damage report (hasar tespit tutanağı);
• Independent expert report (bilirkişi raporu);
• Photo and video evidence documenting the damage;
• TAPU (title deed) or rental agreement;
• Repair estimate from a licensed construction company;
• Receipts for court fees and costs.

The court process in Turkey takes on average from 3 to 12 months — the timeframe depends on the court's caseload and whether additional expert assessment is required. If the court rules in your favor and the neighbor does not voluntarily comply, you obtain a writ of execution (icra emri) and submit it to the enforcement office (icra dairesi), which will forcibly collect the debt — up to and including seizure of the debtor's property.

Flooding in a rented apartment: specifics

If you are renting the property, liability is distributed differently. When neighbors cause the flood, the procedure is the same: you document the damage and contact the management. But the key question is who pays for the repairs: the tenant, the landlord, or the at-fault neighbor? Under Turkish law, if the flooding occurred due to the upstairs neighbor's fault, they are liable to the owner of your apartment. As a tenant, you can claim compensation from the neighbor for your damaged personal belongings. Be sure to contact the landlord — they are just as interested in a swift resolution as you are.

Conclusion: prevention is better than repair

Flooding in Turkey is a stressful but solvable situation. Key steps: stop the water → cut off the electricity → document the damage with site yönetimi involved → contact your insurer (if you have konut sigortası) → negotiate with the neighbor or go to court. Advice for Turkish property owners: get konut sigortası with coverage for household risks — it's inexpensive but will save you nerves and thousands of lira in case of an incident. And always keep handy the contacts of your complex management and the municipal emergency number — 185.