My house is rented, the upstairs water pipe bursts, who should compensate for the loss of the person

It should be up to you to compensate, but the money you compensate will be compensated by the upstairs owner.

The tenant has a direct lease relationship with you, and if they lose anything due to the problem of your house in your house, you will definitely compensate for this;

The problem of your house is that the upstairs water pipe bursts, and then it causes problems in your house; This part of the cost is then claimed by you from the landlord upstairs;

The tenant is only a tenant, and he has no direct right to claim compensation from the landlord upstairs; But you are the owner of this house, and you have the right to defend your own interests that have been damaged.

Repairs to a house will generally involve property management and a pre-paid property for public repairs**.

Of course, it depends on the situation, if it is not caused by the tenant upstairs, it is only because the water pipe bursts, and there is no property management, etc., the landlord upstairs should be responsible for repairing, but if it is man-made, the landlord and tenant can coordinate who is mainly responsible.

I would suggest that the best way is to go directly to the landlord, which will save you a lot of hassle and will be very efficient.

If it is caused by improper use by the upstairs tenant.

Then the tenant will be responsible for compensation.

If it is not caused by improper use by the tenant upstairs.

Then the landlord upstairs will pay for it.

Whoever owns the property is responsible.

This is the principle. For both parties to the lease of the house.

The landlord has an obligation to repair the property in his name to maintain its normal use.

The tenant has the obligation to promptly report the damage and wear and tear of the property owned by the landlord for the landlord and the foreseeable damage or wear and tear.

As for the landlord upstairs, depending on the reason for the burst water pipe, he is looking for property compensation or paying for himself.

That's the landlord upstairs.

Legal analysis: 1. For such a situation, you need to find out the cause of the water pipe burst with the property company, if it is the aging of the equipment, the malicious use of the non-tenant caused by the burst water seepage, you do not need to be liable. 2. It also depends on the lease contract you signed at that time, and whether there are any acceptance clauses, such as:

I have checked all the hardware of the house, and it is in good condition and can be used normally; Once there is this article, you are responsible for the accident. 3. Due to this accident, the downstairs also suffered from the decoration damage caused by water seepage in the property, and you and the owner yourself are the objects of recourse compensation, so you have to bear part of the responsibility more or less.

Legal basis: Article 729 of the Civil Code of the People's Republic of China: If the leased property is partially or wholly damaged or lost due to reasons not attributable to the lessee, the lessee may request a reduction in rent or not pay the rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the leased property, the lessee may terminate the contract.

Who is responsible for the loss caused by the bursting of the water pipe during the rental period, and the two parties have an agreement, according to the agreement; If there is no agreement between the two parties, the lessee has the responsibility to reasonably and properly apply the leased property, and if the household appliances are damaged due to the improper use of the lessee during the lease period, the lessee shall repair them. However, if it is reasonably used by the lessee, it shall be repaired by the lessor.

Article 712 of the Civil Code of the People's Republic of China.

The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.

1. Who is responsible for the loss of water pipe burst and leakage in the rented house depends on whether the two parties have a lease contract and how the contract is agreed. The specific analysis is as follows:

1) If there is no agreement, then the owner of the house is liable. The tenant has the obligation to promptly report the damage and wear and tear of the property owned by the landlord for the landlord and the foreseeable damage or wear and tear.

2) If the burst of the water pipe is foreseeable, that is, the tenant knows that the water pipe is about to burst, and still uses it without notifying the landlord, then the tenant will have to bear the consequences;

3) If a water pipe burst is unforeseeable, the landlord will be responsible for the consequences of the burst.

2. Legal basis: Article 584 of the Civil Code of the People's Republic of China.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

2. Who should be held responsible for the accident during the rental period.

1. After an accident occurs during the lease period, it is often difficult to determine the distribution of responsibility, and it is necessary to investigate according to the cause of the accident;

2. In the housing lease contract, the rented house is the subject matter of the housing lease contract, and if the house collapses, the housing lease contract cannot be continued to be performed. As for the liability consequences after the collapse of the house, if there is an agreement in the lease contract, it shall be implemented according to the agreement, and the lessor shall usually bear the corresponding liability consequences. However, in the process of housing leasing, if it is caused by improper use by the tenant and other reasons, the tenant shall bear legal responsibility.

If it is caused by a third party, the third party will ultimately bear legal responsibility. In the event of a house collapse accident, there may be a dispute over the housing lease contract or a dispute over tort, and it is necessary to determine whether it is a breach of contract dispute or a tort dispute according to the specific circumstances of the case.

Legal analysis: 1. If it is caused by the quality of the house itself (such as a burst water pipe, etc.), and the tenant does not use it improperly, the owner should be liable for compensation.

2. If it is caused by the tenant's improper use, and the quality of the house itself does not have quality problems (such as waterproof measures that meet the standards), the tenant shall be compensated, and the landlord is not responsible for the quality of the house, and it is also one of the reasons for the loss of the other party, the landlord and the tenant shall bear the liability for compensation, and the specific proportion of the landlord shall be determined according to the specific situation.

Legal basis: Civil Code of the People's Republic of China

Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in loss of the leased property.

Article 711 If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.

Article 712 The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.

AbstractIn the process of housing leasing, the water pipe leakage caused by non-human reasons due to the problem of the house itself shall be repaired by the housing lessor, and the relevant expenses shall be borne by the housing lessor.

What should I do if the water pipe burst in the rental house and caused a water leak and flooded the downstairs, and the landlord asked me to be responsible for the loss of the downstairs???

Hello, I am Mr. Zhou Xiaolin, a cooperative lawyer of Legalis, and I am happy to serve you.

Hello, how to divide the responsibilities of landlords and tenants.

Is a burst water pipe caused by your misuse or is it a problem with the water pipe itself?

If you crack yourself, it is estimated that the house has been in the house for a long time, so ask the landlord to compensate.

The landlord said I had management responsibilities too, right?

In the process of leasing a house, the water pipe leakage caused by the problem of the house itself and non-human reasons shall be repaired by the lessor, and the relevant costs shall be borne by the lessor.

What do you mean by "bursting"?

It's a burst in normal understanding, broken.

Downstairs damage assessment, which are the formal assessment agencies, how to get to them, how they conduct the assessment, thank you.

Please reply to my above question.

The property loss assessment and appraisal body may be determined through consultation between the injured party and the party causing the damage, and if the negotiation fails, the people's court may designate an appraisal body with appraisal qualifications.