Is it just a matter for the landlord and the landlord downstairs to have nothing to do with the leak

Updated on society 2024-03-16
20 answers
  1. Anonymous users2024-02-06

    Downstairs constitutes moral damage to your actions.

    First of all, the most convenient way is to report to the community neighborhood committee and the property, and let them mediate for you, if there is no property and the neighborhood committee, you will consider collecting evidence, and record their harassment in some way. If there is a perfect contractual relationship (Article 213 of the Contract Law), you can ask the other party to repair it, or repair it yourself, and the other party pays for it (Article 221 of the Contract Law), if the contractual relationship is not perfect, you can ask the other party to repair it or pay for it yourself in accordance with Article 7 of the Contract Law Interpretation (2). For downstairs, if still harassed, according to...

    Of course, generally you warn with the relevant laws, and the matter will be resolved, and it will be very useful to call the police if you really can't do it.

  2. Anonymous users2024-02-05

    You can also go downstairs and knock on the door a few hours at night (after getting up in the middle of the night to urinate) and ask: I just urinated in the bathroom, will it leak?

    They called the police last night, and it's your turn to call the police tonight!

    Since the unreasonable downstairs can only be-for-tat about this, if you make a move, I will return you a move!

  3. Anonymous users2024-02-04

    1) If it is a water leak caused by the decoration of the house, it will affect the downstairs, and the landlord shall be responsible for the losses caused.

    2) Due to the aging of the water pipes and the leakage of loose pipe fittings, the landlord did not replace it in time, and the tenant just moved in without knowing it. The loss of the downstairs caused by water leakage is the responsibility of the landlord, and the tenant is not responsible.

    3) The tenant finds that the water pipe is aging and the landlord does not replace it in time, resulting in the loss of the downstairs, which shall be regarded as the main responsibility of the landlord and the secondary responsibility of the tenant.

    4) If the tenant forgets to turn off the water pipe, the tenant shall bear full responsibility for the loss of water leakage caused by the downstairs.

    2.If there is a utility company.

    If the property is leaking from the house, if it belongs to the scope of services and management of the property management company as agreed in the property management service contract, the property management company shall bear the liability for compensation for maintenance or failure to repair in time; If it does not fall within the scope of services in the property contract, the property management company is not liable.

    Therefore, if there is a water leak, you should notify the landlord and the property management company as soon as possible, communicate actively, and if you ignore it, solve or alleviate the water leakage problem first. Then assert your rights or ask for the termination of the lease contract.

  4. Anonymous users2024-02-03

    If you don't change the house, it's the responsibility of the landlord, and it has nothing to do with you, you just need to contact the landlord and negotiate with the downstairs to solve it.

  5. Anonymous users2024-02-02

    Legal analysis: 1. Water leakage upstairs, whether it is the landlord or the tenant, the landlord has an unshirkable responsibility.

    2. If you have a property, you can find the landlord to coordinate and deal with it through the property, or you can directly find the police station to mediate.

    3. If it is the tenant's responsibility, the landlord can recover from the tenant or deduct it from the deposit after assuming the obligation of compensation.

    4. The landlord should repair the water leakage as soon as possible to avoid greater losses.

    Legal basis: Article 296 of the Civil Code of the People's Republic of China Where the owner of immovable property uses adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try to avoid causing damage to the adjacent immovable property owner.

  6. Anonymous users2024-02-01

    Legal analysis: The cause of the water leakage upstairs should be found out in order to determine whether it is the tenant's problem or the landlord's responsibility, the specific situation is as follows:

    1. If the tenant fails to use the leased property in accordance with the agreed method or the nature of the leased property, resulting in the loss of the leased property, the landlord may claim compensation;

    2. If the lessee uses the leased property in accordance with the agreed method or the nature of the leased thing, resulting in the loss of the leased thing, it shall not be liable for damages.

    Legal basis: Article 218 of the Civil Code of the People's Republic of China If the lessee uses the leased property in accordance with the agreed method or the nature of the leased object, resulting in the loss of the leased object, it shall not be liable for damages.

  7. Anonymous users2024-01-31

    Because in the housing lease contract, the house lessor should ensure that the rented house is suitable for residential purposes, and the leakage of water pipes does not meet the requirements of the relevant costs of residence, and the house lessor is obliged to be responsible for repairing it. However, if the lease contract between the two parties stipulates that the lessee shall be responsible for maintenance, the lessor shall not bear the maintenance obligation.

    Legal basis: Article 713 of the Civil Code of the People's Republic of China The lessee may request the lessor to repair the leased property within a reasonable period of time when it needs to be repaired. If the lessor fails to perform the maintenance obligation, the lessee may repair it by itself, and the maintenance cost shall be borne by the lessor.

    If the use of the leased property is affected by the maintenance of the leased property, the rent shall be reduced or the lease term shall be extended accordingly. If the leased property needs to be repaired due to the fault of the lessee, the lessor shall not bear the maintenance obligation provided for in the preceding paragraph.

  8. Anonymous users2024-01-30

    You just find the landlord, this is his house, don't worry about the rest! The legal basis is Article 83 of the General Principles of the Civil Law: if an obstruction or loss is caused to an adjacent party, the infringement shall be stopped, the obstruction shall be removed, and the loss shall be compensated.

    If the adjacent party does not comply with the court's judgment, the injured party can ask the construction team to repair it from the downstairs, and the expenses incurred can be claimed by the court for compensation from the owner of the upper floor. Therefore, if it is not the man-made water leakage caused by you downstairs, it is the responsibility of the upstairs, and the upstairs is responsible for repairing the water to no longer leak to the downstairs and compensating for the corresponding losses downstairs. Some people just go to the court and soften it, no more, hehe, when I didn't say, cut off the water pipe and pretend to be a beginning, isn't it ruthless in this era!

  9. Anonymous users2024-01-29

    The landlord should be responsible, you have to let the tenant know about the leak, and ask him to fix it for the landlord.

  10. Anonymous users2024-01-28

    In principle, you are not responsible, because the washing machine should generally be placed in a waterproof place (toilet).

    Place, kitchen, etc.), even if it drips, it should not leak downstairs. Maybe the court will also consider your responsibility for improper use of the washing machine, I think at most half of the responsibility. In addition, you should not admit the amount of the loss downstairs, this amount has an interest in the landlord.

    It is best to negotiate with you and the landlord downstairs to settle the matter, and if the negotiation fails, the downstairs will sue you and the landlord.

  11. Anonymous users2024-01-27

    Look at the reason for the leakage of the house is because of the quality of the house, or caused by man-made reasons, if it is man-made, you bear the main responsibility, the landlord is secondary, if it is caused by the structure of the house, which is the landlord's problem, this kind of thing is best to negotiate and solve, if it can't be solved, then go to the court to solve it

  12. Anonymous users2024-01-26

    First of all, it should be clear whose responsibility caused the water leakage, and the responsible person should compensate for the losses caused by the water leakage

    1. If it is a room version.

    The landlord shall be responsible for the loss caused by the water leakage caused by the right to decorate the house and affect the downstairs.

    2. Due to the aging of the water pipes and the loose pipe fittings and leakage, the landlord did not replace it in time, and the tenant just moved in and did not know it. The loss of the downstairs caused by water leakage is the responsibility of the landlord, and the tenant is not responsible.

    3. If the tenant finds that the water pipe is aging and the landlord does not replace it in time, the landlord shall be deemed to be the main responsibility and the tenant shall bear the secondary responsibility.

    4. If the tenant forgets to turn off the water pipe, the tenant shall bear full responsibility for the loss of water leakage downstairs.

  13. Anonymous users2024-01-25

    It depends on how you sign the contract with the landlord, the main cause of water leakage is the washing machine, and the leakage of the house is the responsibility of the landlord!! But now individual landlords are very unreasonable, it is best to negotiate a settlement, and you can consult a lawyer for details.

  14. Anonymous users2024-01-24

    Does the lease contract stipulate this?

  15. Anonymous users2024-01-23

    Your question is very professional, consult a lawyer.

  16. Anonymous users2024-01-22

    According to the provisions of the Contract Law, the landlord shall be responsible for the repair of non-man-made damage, and if the landlord refuses to repair, the tenant has the right to require the landlord to bear the cost after repair, which can be deducted from the rent.

  17. Anonymous users2024-01-21

    If there is an agreement, it will be executed in accordance with the agreement; If there is no agreement, it will be repaired by the landlord. See Article 120 of the Contract Law

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

    You said that you didn't sign a contract, which doesn't matter, because there is a verbal contract between you, and there is a contractual relationship.

  18. Anonymous users2024-01-20

    Hosts, of course! If you're paying for it, then you need to inform the landlord of the leaking water pipes and then negotiate.

  19. Anonymous users2024-01-19

    If there is a problem with the house itself, of course, the landlord is responsible for repairing it.

  20. Anonymous users2024-01-18

    Renters, simply put, are what they look like when they rent and what they should look like when they quit the lease.

    Of course, it is not excluded that some landlords are good and will repair it for you

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