Who s to blame for leaking water upstairs to downstairs, and who s responsible for leaking water ups

It depends on where the water leaks, if the water pipe of a whole building arranged by the property is leaking, then the property needs to be responsible; If there is a problem with the sewer pipe upstairs, it belongs to the upstairs residents who use it independently, and the upstairs homeowner is responsible.

For example, if the upstairs owner does cause the downstairs residents to receive water due to renovation or laying of water pipes, the upstairs residents should promptly find out the cause of the water leakage and repair it, and should also be liable for compensation for the damage caused to the downstairs residents by their misconduct.

In addition, if the house is still under warranty and it is believed that it is not man-made, whether it is the damaged owner or the upstairs neighbor owner, the developer should repair it in time.

How to deal with water leakage from upstairs to downstairs:

1) If there is a water leak in the house, there are generally two situations, one is because the conduit is ruptured and the other is because the waterproof design is not done well, which leads to water leakage. However, no matter what kind of situation the water leakage occurs, it is caused by the fact that the owner of the leakage decoration has not done a good job in the selection of materials and construction, so the landlord can communicate with the owner upstairs first.

2) If there is a water leak upstairs, it is necessary to know that this situation is caused by man, and if so, you need to solve it yourself. If the cause of the leak is a neighbor's problem, then you can ask the house inspection department to check the cause and identify it.

3) If the cause of the water leakage in the house is not due to the thought cause, and the house is still within the warranty period, then the developer will be responsible for the water leakage. If there is a water leak on the top floor, then the maintenance costs are borne by the developer or property company. If the cause of the leak is caused by a neighbor upstairs, you can discuss with the neighbor and raise the issue of repair and compensation.

Legal analysis: There are two reasons for general water leakage, one is that the waterproof treatment of the upstairs decoration is unqualified, and the other is the quality problem of the waterproofing of the renovated house delivered by the developer. If it is upstairs, the upstairs neighbors should be informed first, and the upstairs should be asked to deal with it as soon as possible in a friendly and negotiated manner.

If there is a water leak in the renovated house delivered by the developer, the upstairs should be informed, and the property management company should be contacted immediately, and the property will come forward to let the developer repair it in accordance with the warranty agreement. Legal basis: Article 288 of the Civil Code of the People's Republic of China The owner of adjacent rights to immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness.

Article 290:Owners of immovable property rights shall provide necessary facilities 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.

Article 937: A property management service contract is a contract whereby a property management service provider provides property management services such as the maintenance of buildings and their ancillary facilities, environmental sanitation and management and maintenance of related order for the owners within the property management service area, and the owners pay the property management fees. Property service providers include property service enterprises and other managers.

Who is responsible for the loss of the downstairs due to the water leakage upstairs?

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 fail to coordinate and disagree, they may go to the court to file a civil lawsuit for damages, and the court will assess the extent of the damage and make a judgment; 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.

If it is upstairs liability, you can sue the other party for compensation.

If there is a water leak upstairs, the following people shall bear the corresponding responsibility:

1. The service life of the house is within the scope of the quality warranty, and the developer is responsible for it.

2. If the leakage part is refurbished, the decoration company is responsible.

3. The neighboring party may request the neighboring party to repair the cause immediately or in a timely manner on the basis of the report, and may request the adjacent party to compensate for the damage caused during the repair period.

Legal analysis: If it is not the water leakage caused by the 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 the corresponding losses downstairs. When the two parties fail to coordinate and disagree, they may go to the court to file a civil lawsuit for damages, and the court will assess the extent of the damage and make a judgment;

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 289:Where laws and regulations have provisions on the handling of adjacent relationships, follow those provisions; Where laws and regulations have no provisions, local customs may be followed.

Article 296:Where the owner of immovable property rights uses adjacent immovable property for the purposes of water, drainage, passage, laying pipelines, etc., it shall try to avoid causing harm to the adjacent immovable property rights holders.

Legal analysis: 1. Find the upstairs owner: If the upstairs owner does cause the downstairs residents to receive water due to decoration or laying water pipes, the upstairs residents should find the cause of the water leakage in time and repair it, and should also be liable for the damage caused to the downstairs residents by their misconduct.

2. Find a developer: When the house is still under warranty and you are sure that it is not man-made, whether it is the damaged owner or the upstairs neighbor owner, you should let the developer repair it in time. When the developer sends someone to repair the water leakage problem or the maintenance is not in place according to the owner's requirements, after repeated twice, the owner can find someone to repair it by himself, and the cost will be paid by the developer.

When the developer ignores it, the damaged owner can file a complaint with the local quality supervision department, or sue the developer to the court.

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

Article 296:Where the owner of immovable property rights uses adjacent immovable property for the purposes of water, drainage, passage, laying pipelines, etc., it shall try to avoid causing harm to the adjacent immovable property rights holders.

Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability. Where the perpetrator is presumed to be at fault in accordance with the provisions of law, and the perpetrator cannot prove that he is not at fault, he shall bear tort liability.

Article 1167:Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstacles, or eliminating dangers.

Article 1184: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other reasonable methods at the time the losses occurred.

Legal analysis: If there is a water leak upstairs, the way to deal with it downstairs is that you can negotiate with the residents upstairs to require it to be repaired in time; If the upstairs refuses to make repairs or causes property or personal injury to the downstairs, the downstairs can sue the court to demand compensation from the upstairs occupants in accordance with the law.

Legal basis: Article 1184 of the Civil Code of the People's Republic of China Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.

Article 119 of the Civil Procedure Law of the People's Republic of China: Initiating a lawsuit must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Of course, it is the responsibility of the upstairs, and if the leakage is caused by personal error, then the upstairs should compensate the downstairs. If it's a housing issue, then it's the responsibility of the landlord and the property.

If the upstairs leaks to the downstairs, the upstairs is fully responsible, and if there is a loss, you can find the upstairs for compensation.

If the upstairs leaks to the downstairs, it should be the responsibility of the upstairs to carry out repairs, and the upstairs also needs to compensate the downstairs. It should all be the responsibility of the upstairs.

This must be the responsibility of the upper floors.

If the upstairs leaks to the downstairs, then it means that the waterproofing upstairs is not done well, and this situation will occur. So the main responsibility for this is upstairs, and I hope it can help you.

Upstairs responsibility, at this time you can find the property to coordinate, repair, of course, help the downstairs repair repair.

Whose responsibility is it for the upstairs leakage to the downstairs, it should be the responsibility of the upstairs, after all, it is the upstairs leakage.

Your question is to say, to the downstairs leakage of water is whose responsibility, this question should first look at the leakage from there, if it is leaking from the main pipe in your house, then this situation is your responsibility, if it is the upstairs main pipe or the place where he uses water leaks, this situation must be the responsibility of the upstairs, so this responsibility must be very good to hear, that is to say, in your house the pipe that I am public, when you find a leak, you should be found in time, And if it can be dealt with in a timely manner, so is the water supply land above. If he finds the water leak in time, then you can't leak to the bottom, so the responsibility is said to be very clear, I think it is appropriate to appear upstairs to leak the water in the case, it is your home things damaged, this situation should be communicated and negotiated with him in a timely manner, if the negotiation can not be achieved through the property or the residents' committee, it is really not possible to go to the people's court to sue through legal procedures, this is okay, if there is a property, you can negotiate this problem through the property to see how to solve it, so it is the best.

First check the ** water leakage downstairs, and then check the specific leakage point. The easiest and most practical way to check: use a clean cloth to dry the water stains on the ceiling, and then take the dry paper towel and stick it on the ceiling, if the upstairs floor is dry, the downstairs is still leaking, it means that the water pipe is broken.

2. Leakage of drain pipe interface:

First, let the upstairs owner check whether it is caused by the loose edge of the interface in the sewer pipe, floor drain, toilet and other places, if it is determined that it is caused by the looseness of these places, it is directly filled in the perimeter with leak-proof glue around the pipe.

3. Waterproof and leakage of floor slab:

If the waterproofing of the floor slab is not done well, it is recommended to find a professional waterproof leakage repair company to do it, and at the same time let the upstairs owner dry the leaking water, and then repair the leakage downstairs, and then do a good job of surface waterproof coating.

4. Water pipe leakage:

Generally, the probability of water pipe leakage is not high, but if it happens, it is also the most troublesome, knock off the tile to replace the water pipe, and then do a good job of waterproofing.

First of all, it is necessary to look at the cause of the water leakage, whether it is a leak in a public water pipe or a leak in a private house, and the two are different responsible subjects;

Secondly, contact the property in time after discovering the water leak, investigate the cause of the water leak, and keep the relevant evidence.

Finally, if the negotiation fails, it can be resolved by litigation in court.

Upstairs, of course.

If the upstairs is not waterproofed, it is the responsibility of the upstairs.

If there is a problem with the quality of the developer's house, it is the responsibility of the developer.

Reasonably speculative.