The downstairs knows that the water leaks, but does not notify the upstairs, who is responsible for

In any case, it is the leakage on the roof that can only be known downstairs. The responsibility must be upstairs to be responsible. But if you think that the downstairs knows that the water leaks upstairs and does not notify it, it is deliberately aggravating the loss.

If the upstairs and downstairs neighbors are based on this perception, it is difficult to adjust successfully. I am afraid that in this case, the specific loss, both parties should provide evidence, and the court needs to mediate.

Legal analysis

If it is identified that the water leakage is caused by the quality of the house not meeting the national standards, during the warranty period, the damaged owner can request the developer to repair the water leakage of the house and compensate the owner for the losses caused thereby. If it is not the man-made water leakage 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. When the two parties do not agree through coordination, they may go to the court to file a civil lawsuit for damages, and the court will evaluate the extent of the damage and make a judgment, and if it causes obstruction or loss to the adjacent party, the infringement shall be stopped, the obstruction removed, and the loss 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. First of all, it is necessary to find out the cause of the water leak. If it is found that the water leakage is caused by the neighbor, the other party can be required to restore the original state, and if it cannot be restored, it can be claimed for damages; If the other party refuses to compensate, it can take photos to register the loss, and find a professional appraisal agency to do the loss appraisal, and then file a civil lawsuit, and the specific dispute can be resolved in the lawsuit.

If the upstairs owner does cause the downstairs owner to leak water due to renovation or laying of water pipes, the upstairs owner should find the cause of the water leakage and repair it in time, and should also be liable for the damage caused to the downstairs tenant by his misconduct.

Legal basis

Civil Code of the People's Republic of China

Article 288:Owners of adjacent rights to immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.

Article 287: Owners have the right to request that construction units, property management service enterprises or other managers, as well as other property owners, bear civil liability for their infringement of their lawful rights and interests.

If there is a water leak upstairs, the upstairs must be responsible for the damage caused downstairs. If you go through the judicial process, you will also be sentenced to compensate the upstairs for the loss of the downstairs, because the water leakage upstairs is not caused by the downstairs. You said that the downstairs knew about the water leak but did not notify the upstairs, this evidence collection is difficult, just by saying that it has no legal effect, if you have evidence, I believe that the judge will handle it at the discretion of the judicial process.

The loss caused by the water leakage upstairs will naturally be liable and compensated. Why do you say that the downstairs knows about the water leak but doesn't notify the upstairs? Everyone is busy and doesn't have time to pay attention to water leaks in their homes.

Hello. According to the law, if the infringed party is also at fault for the occurrence of the damage, the liability of the infringer may be reduced.

If the damage is intentionally caused by the victim, the perpetrator is not liable.

The downstairs knew that the water was leaking, and did not notify the upstairs, and immediately stopped the loss, causing the loss to expand, and there was fault, and the responsibility of the upstairs should be reduced.

Hope it helps.

If the downstairs residents leak water, the neighbors must be notified, so that the leakage can be repaired in time to save property damage. If I didn't tell the upstairs residents when I knew about the water leakage, I think this kind of behavior was deliberate and should not compensate for the loss of his home.

If the downstairs deliberately didn't tell the upstairs when the damage was just caused, but waited a long time to tell it, then the downstairs must be mainly responsible.

Both parties are responsible. Because this downstairs knows that the water leak must be informed upstairs, so that the upstairs can also know that his house is leaking.

Legal analysis: According to the laws of our country, compensation can be claimed, and the owner of the upstairs shall compensate for the reasons, and the property shall compensate for the disrepair of the facilities.

Legal basis: Property Management Regulations

Article 51: Units such as for water supply, power supply, gas supply, heat supply, telecommunications, and cable television shall, in accordance with law, bear responsibility for the repair and maintenance of relevant pipelines, facilities and equipment within the property management area. Where the units provided for in the preceding paragraph temporarily occupy or excavate roads or sites due to the need for repairs or maintenance, they shall promptly restore them to their original state.

Measures for the Quality Warranty of Housing Construction Projects

Article 10 In the event of quality defects involving structural safety, the construction unit or the owner of the building shall immediately report to the local construction administrative department and take safety precautions; The original design unit or the design unit with the corresponding qualification level shall propose the warranty plan, and the construction unit shall implement the warranty, and the original engineering quality supervision agency shall be responsible for supervision.

Summary. Hello, dear. We're happy to answer your <>

The upstairs is responsible for the damage caused by the water leak upstairs. If the downstairs is flooded due to a water leak upstairs, the upstairs should be compensated for the losses caused thereby. After ascertaining the cause of the water leakage, the division of responsibility is carried out, and the cause of the accident cannot directly determine the responsible entity.

Who is responsible for the loss of the downstairs caused by the water leak upstairs.

Hello, dear. I am glad to answer for you [Flower Judgment] <> upstairs is responsible for the loss of the downstairs errand due to the water leakage upstairs. The downstairs is flooded due to a water leak upstairs, and the upstairs should be compensated for the losses caused by the hypothesis.

After ascertaining the cause of the water leakage, the division of responsibility is carried out, and the cause of the accident cannot directly determine the responsible entity.

If the intensification is caused by human causes, and the perpetrator has intention or fault for the occurrence or expansion of the damage result, it constitutes infringement and shall bear the tort liability for burial. During the warranty period, if it is not a water leak caused by human causes, the developer will bear all the responsibility.

The leakage of the rental house to the downstairs and who is responsible for the bend depends on the specific situation. If the water leakage of the rental house causes damage to the tenants downstairs, it is due to the quality of the rent, and the lessor shall bear tort liability such as compensation to the tenants downstairs; If it is due to the fault of the lessee, the lessee shall bear the tort liability such as compensation. According to Article 1165 of the Civil Code, if the actor infringes upon the civil rights and interests of others due to his fault and causes damage, he shall bear the tort liability.

Article 1166 stipulates that where an actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that he shall bear tort liability, follow those provisions. Article 1167 stipulates that if the tortious act endangers the safety of the person or property of others, the infringed party has the right to request the infringer to bear tortious liability such as stopping the infringement, removing the obstruction, and eliminating the danger.

Article 296 of the Civil Code provides that if the owner of immovable property uses adjacent immovable property for the purpose of using water, drainage, passage, laying pipelines, etc., it shall try to avoid causing damage to the adjacent immovable property owner.

Legal analysis: Who is specifically responsible for the loss caused by the water leakage upstairs downstairs, and the situation must be clarified before making a judgment. Housing water leakage is related to the house structure, waterproof treatment, drainage system, etc., you can first find a professional to inspect the water leakage, judge the cause of the water leakage, and determine the person responsible for the water leakage.

Once the person responsible has been identified, it is time to claim compensation from the property, the developer, or the neighbors. After ascertaining the situation, if the cause of the upstairs water leakage is actually caused by the upstairs neighbors, the damaged owner can explain the situation to the upstairs or neighbors according to the situation he knows, and put forward a repair request and compensation for the damage caused to him during the repair period. Water leakage in the house is due to the quality of the house, such as the water leakage caused by the waterproof warranty period of the house or the unreasonable design of the house itself, the developer should bear the relevant responsibility.

The party damaged by the water leakage should first ask the housing quality inspection department to make an appraisal report on the cause of the water leakage and how to make up the leakage; After identification, if it is the cause of the adjacent party, the adjacent party may be required to repair it immediately or in a timely manner on the basis of the report, and may request compensation from the adjacent party for the damage caused during the repair period. If the adjacent party does not cooperate, the injured party can take the dispute to court. According to the Civil Code of the People's Republic of China, Article 296 Where the owner of immovable property uses adjacent immovable property for the purpose of using water, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing damage to the adjacent immovable property owner.

Article 290:Holders of immovable property rights shall provide necessary facilitation for the use of water and drainage by adjacent rights holders. The use of natural flowing water shall be reasonably distributed among the adjacent rights holders of the immovable property. The discharge of natural flowing water shall respect the natural flow direction.

The statute of limitations for a water leak in a house is three years. According to Article 188 of the Civil Code, the statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Litigation costs are generally paid by the losing party, and attorney's fees are generally paid by the client. There are many legal issues involved in the real estate wheel lawsuit, and a lawyer can be entrusted to intervene to deal with it, so as to better protect their own interests. Article 18 of the Measures for the Payment of Litigation Fees provides that if the defendant files a counterclaim and a third party with the right to make an independent claim submits a litigation claim related to the case, and the people's court decides to combine the trials, the case acceptance fee shall be reduced by half respectively.

Article 179 of the Civil Code: The main ways to bear civil liability are: (1) stopping the infringement; (2) Removing obstructions; (3) eliminate the danger; (4) Return of property; (5) restitution to the original state; (6) Repair, rework, or replacement; (7) Continued performance; (8) Compensate for losses; (9) Pay liquidated damages; (10) Eliminate the impact and restore reputation; (11) Apologize. Where the law provides for punitive damages, follow those provisions.

The methods of bearing civil liability provided for in this article may be applied separately or in combination.