Whose house is to blame for water leaks, and whose house is responsible for water leaks

The party damaged by water leakage should first ask the housing quality inspection department to make an appraisal report on the cause of water leakage in the house 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. The legal basis for this is Article 83 of the General Principles of the Civil Code

The adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in areas such as water interception, drainage, passage, ventilation, and lighting. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses 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 the upstairs does not pay compensation, it can apply to the court for enforcement. 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!

5 years of water quality protection, 2 years of pipelines, the warranty period is not the responsibility of the developer, do not deal with the local quality supervision department to complain, they are in charge of this matter, and then go to court to sue, otherwise the warranty period is self-care! In addition, during the warranty period, the same place maintenance twice is not good, you can find someone to repair, the cost of the developer, if the warranty period, non-artificial upstairs to find the developer as soon as possible to deal with, more information, better advice, free concrete waterproof leakage repair professional technical advice, free of today, tomorrow leakage, year after year repair, year after year leakage troubles.

Remember.

The requirements of the property are reasonable, it is necessary to distinguish whose responsibility is for the leakage, it is your responsibility for the renovation, and the repair cost should be paid by you. If it is not the water leakage caused by your renovation, it is the responsibility of the developer, and the maintenance cost is the responsibility of the property! What you should care about is not the loss of money, but a good living environment, you say?

Legal analysis: 1. The developer's responsibility is within the warranty period, and if the water leakage is not caused by human reasons, the developer shall bear full responsibility. Second, the property responsibility leakage is certainly not caused by the property, but if the property is negligent in management, or the problem is not dealt with in time, resulting in the expansion of losses or more serious problems, then the property should be held responsible.

3. Fair responsibility for the house that has passed the warranty period, all parties are not at fault (or there is no evidence to prove their fault), if the waterproof layer is naturally aged, the maintenance cost is shared by the parties according to the realization situation, generally half of one person.

Legal basis: "Measures for the Quality Warranty of Housing Construction Projects" Article 7 Under normal use conditions, the minimum warranty period of housing construction projects is: (A) foundation engineering and main structure engineering, for the reasonable service life of the project specified in the design documents; (2) Leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements for 5 years; (3) Heating and cooling system, which is two heating periods and cooling periods; (4) 2 years for the installation of electrical pipelines, water supply and drainage pipelines, and equipment; (5) The renovation project shall be 2 years.

The warranty period for other items shall be agreed between the construction unit and the construction unit.

Measures for the Administration of Residential Interior Decoration and Decoration Article 33 The decorator shall be responsible for repairing and compensating for the pipe blockage, water leakage, water and power outages, and damage to articles of adjacent residences caused by residential interior decoration activities; If it is the responsibility of the decoration enterprise, the decorator can recover from the decoration enterprise. If the decorator dismantles and alters the heating and gas pipelines and facilities without authorization, and causes losses, the decorator shall be responsible for compensation.

Legal Analysis: If the water leak in the house is caused by natural causes, it must be the landlord who is responsible. If it is the tenant's behavior that causes the house to leak, it must be the tenant's compensation.

Since there are many such situations in practice, it is advisable for the parties to make a detailed agreement on this in the rental contract to clarify each other's responsibilities in the event of water leakage.

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 the 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.

Article 713 The lessee may request the lessor to repair the leased property within a reasonable period of time when the leased property 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.

Article 714: The lessee shall properly keep the leased property, and shall be liable for compensation if the leased property is damaged or lost due to improper storage.

Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

Article 716 The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

Legal analysis: 1. The developer's responsibility is within the warranty period, and if the water leakage is not caused by human reasons, the developer shall bear full responsibility. Second, the property is responsible for the leakage is certainly not caused by the property, but if the property is negligent in management, or the problem is not dealt with in time, resulting in the expansion of losses or more serious problems, then the property should be held liable.

3. Fair responsibility for the house that has expired the warranty period, all parties are not at fault (or there is no evidence to prove their fault), such as due to the natural aging of the waterproof layer, at this time, the maintenance cost is shared by the parties according to the realization situation, generally half of one person.

Legal basis: "Measures for the Quality Warranty of Housing Construction Projects" Article 7 Under normal use conditions, the minimum warranty period of housing construction projects is: (A) foundation engineering and main structure engineering, for the reasonable service life of the project specified in the design documents; (2) Leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements for 5 years; (3) Heating and cooling system, which is two heating periods and cooling periods; (4) 2 years for the installation of electrical pipelines, water supply and drainage pipelines, and equipment; (5) The renovation project shall be 2 years.

The warranty period for other items shall be agreed between the construction unit and the construction unit.

1. There are two reasons for 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. When the upstairs is a rough house self-decoration, you should first inform the upstairs neighbors, and ask the upstairs to deal with it as soon as possible in a friendly and negotiated manner.

2. 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. If the warranty period has expired, the property should be ordered to repair the upstairs by himself;

3. If the owner of the upstairs refuses to cooperate with the property, he should take evidence such as ** and **, and can respond to the situation through the owners' committee and community police, and if it still cannot be resolved, he can file a civil lawsuit with the court in accordance with the relevant provisions of the Civil Code;

4. Legal basis: Article 54 of the "Detailed Rules for the Implementation of Property Management" The owners of residential properties, non-residential properties in residential communities or non-residential properties connected to the structure of a single residential building shall pay special maintenance funds in accordance with the relevant provisions of the state. The special maintenance funds belong to the owner, and are specially used for the maintenance, renewal and transformation of the common parts of the property and the common facilities and equipment after the expiration of the property warranty period, and shall not be diverted for other purposes.

Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department in conjunction with the financial department.

1. If the bathroom in the rental room leaks downstairs, who will pay for the repair.

1. The housing lease contract should include the main clauses in the following aspects: the scope and area of the rental house; the term and purpose of the lease; the amount of rent and the time of delivery; Liability for house repair, sublease and breach of contract, etc.;

2. If the landlord is responsible for the responsibility of repairing the house, the landlord shall be responsible for compensation for other losses in addition to the responsibilities that the parties should bear. If the responsibility for the repair of the house is stipulated to be the responsibility of the tenant, the landlord does not need to compensate;

3. Therefore, when signing the housing lease contract, the renter must read the terms stipulated in the contract clearly and clarify the rights and obligations of both parties. For example, the lease purpose, lease term, repair responsibility, change and termination of the contract, signing of sublease, liability for breach of contract, etc., the two parties should reach a consensus through negotiation, so as to avoid disputes in the process of renting in the future and causing unnecessary troubles.

Who is to blame for a leaky house? The warranty period for waterproofing the house is generally five years, and it is the responsibility of the developer if there is a water leakage problem within five years. Find out the cause first, see what causes the water leakage in the house, who caused it, who is responsible, please refer to the following situation to determine whose responsibility:

1. If the leakage of the top roof and the destruction of the waterproof layer of the exterior wall lead to leakage, if the house is within the warranty period (the roof waterproof water quality is guaranteed for five years), the developer shall instruct the construction unit to repair it; If the warranty period is exceeded, the property shall apply for the use of special public maintenance funds for housing maintenance; If there is no managed property, all owners of the building shall be jointly responsible for maintenance. 2. If there is a leak in the pipes of the indoor public parts (such as the leakage of the main water pipes in the public), the division of responsibilities is the same as that in Article 1 above; If there is damage and leakage of water pipes and equipment in non-public areas, resulting in water leakage, the responsibility lies with the upstairs neighbor. 3. If the door and window are damaged and leakage, if it is within the warranty period, it shall be borne by the door and window installation and construction party, and the owner shall bear it beyond the warranty period.

Does that make sense?