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First of all: Is your house self-decorated or renovated by a home improvement company? Packed yourself?
Did the plumber you hired sign a contract at the beginning? If you have a sign, you can find a decoration worker to be responsible, and if it is a home improvement company decoration, then if there is a contract, you can directly find a decoration company to be responsible.
Secondly: you also have to check whether the problem is a problem with the house itself, if it is a problem with the house itself, you can directly find the property to be responsible.
Finally, it is important to check the root cause of the problem so that you can prescribe the right medicine.
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If your procedures are complete, and the hidden pipe is embedded by the developer, and you have not replaced it when you decorate, the developer should be fully responsible; If you have to replace the tube, then it's hard to say.
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If it is hardcover, find a developer, install it yourself, contract it to a decoration company, you find a decoration company, beat the concrete there, see where the problem is, it is a pipeline that belongs to the developer, you will find a developer, and if it is a decoration company, you will find a decoration company for the problem of later transformation.
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Ask about the property!! Looking for developer 1!! If you can't do it, go to the consumer association!! Who is so bad! It's too pit!!
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Find the developer to be responsible, this is definitely a bubble house.
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First of all, do you have a real estate certificate in your hand now??
Are there any proof of purchase???
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If it is not within the warranty period of the renovation company, this situation is your own responsibility, <>
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Find a real estate agent and take a closer look at the purchase contract, your purchase contract should have a warranty.
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Find the developer for the quality of the project, rectify the decoration problem, and find the construction party. In this case, most of the time you are talking about is the responsibility of the residents who install solar energy upstairs.
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The new house has just been bought for two years on the first floor, and several upstairs have installed solar energy on the top of the fifth floor, and the water return pipe is in the wall, but when the solar energy is filled with water, the water in the water return pipe leaks out, resulting in water coming out of the wall from the first floor to the fifth floor.
Can be used for repairs
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Whoever is responsible for this problem is responsible.
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It is a problem of the quality of the house, which is of course borne by the developer.
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If it is not installed and modified, the real estate developer is responsible for it, and it is not clear that the responsibility is not clear after the decoration.
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Payment can be refused and the developer can be asked to deal with it.
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1. For such a situation, it is necessary to find out the cause of the water pipe burst from the property company, if it is the aging of the equipment, the non-tenant's malicious use caused by the burst water seepage, the owner is not responsible.
2. It is also necessary to look at the lease contract signed at that time to see if there are any terms of acceptance, such as: I have checked all the hardware of the house, which is in good condition and can be used normally; Once there is this article, the homeowner is responsible for the accident.
3. Due to this accident, the downstairs also suffered from the decoration damage caused by water seepage of the property, and the homeowner and the owner himself are the objects of recourse compensation, so they have to bear part of the responsibility more or less.
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Too professional, ask a lawyer!
According to my analysis, you and the landlord should bear half of it, because it is in disrepair, which is a large proportion of the problem for the original landlord. He didn't take good care of the life of the items in the house, and you are the second landlord, and after taking over, you only thought about subletting and did not check the water pipes and other items in the house. Tenants don't need to be held responsible, because the water pipe didn't break due to improper use, so it's better for the two of you hosts to take half of the responsibility to solve the problem!
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The fault is that you are the second landlord and the beneficiary, and you did not take measures in time, and the wooden floor of the room was blistered for too long, and the fault of management, but not all the responsibilities, half of each, one person pays the salary, and one person pays the materials.
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Looking for a property, or a company that has been renovated before, there will be a solution in short!
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Discuss the matter.
According to Article 83 of the General Principles of the Civil Law, it is clarified that the adjacent parties to the immovable property shall correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation and lighting in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.
In other words, if the case is a dispute over adjacency relationship, although the owner is not the infringer, as the owner of the immovable property, he should still be liable for the losses caused to the neighbors due to the water leakage of his house, and the owner can also recover from the tenant after assuming the liability for compensation. Losses caused by water leakage by neighbors can be agreed upon at the discretion of both parties.
According to the provisions of the "Provisions on the Implementation of the Residential Quality Assurance Certificate and Residential Instruction Manual System for Commercial Housing", the warranty content and minimum warranty period of each part and component under normal use are: roof leakage, warranty for 3 years; Leakage of walls, kitchen and bathroom floors, basements, and pipes, with a warranty of 1 year; The plastering layer of the wall and ceiling falls off, and the warranty is 1 year; Ground hollow cracking, large area of sanding, warranty 1 year; Heating or cooling systems and equipment warranty 1 heating and cooling period; 1 year warranty for sanitary ware; Lamps and electrical switches are guaranteed for 6 months. The warranty period is calculated from the date on which the real estate developer delivers the completed and accepted dwelling to the user.
During the warranty period, non-man-made damage within the scope of the warranty shall be repaired by the real estate developer free of charge, and the purchaser may require the real estate developer to bear the liability for compensation due to the quality problems of the commercial housing and the use of the house affected by the maintenance of the warranty unit.
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DAO drainage, passage, laying pipelines, etc.
The use of adjacent immovable property.
shall try to avoid causing damage to adjacent real estate owners; Where damage is caused, compensation shall be given. ”
First of all, the cause of water leakage needs to be identified, if the quality of the house does not meet the national standards, during the warranty period, the damaged owner can ask the developer to repair the leaky house and compensate the owner for the losses caused.
Secondly, if the upstairs owner does cause the downstairs residents to be "watered" due to renovation or laying of water pipes, the upstairs residents should find the cause of the water leakage and repair it in a timely manner, and should also be liable for the damages caused to the downstairs residents by their misconduct.
According to Article 53 of the "Property Management Regulations", if the owner needs to decorate and decorate the house, he shall inform the property management service enterprise in advance. Property management service enterprises shall inform the owners of the prohibited acts and precautions in the decoration and decoration of the house.
When the property management company discovers that there is a violation of relevant regulations in the decoration process, it shall notify the actor to immediately stop and correct;
Where the perpetrator refuses to stop or make corrections, it shall be promptly reported to the relevant administrative departments for disposition in accordance with law. If the owner encounters such a problem, it should first report to the property management company, and if the property management company does not fulfill the above obligations, it should bear certain liability for the owner who has suffered losses. However, if the strata company has fulfilled its obligations, it will not be liable.
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If it is determined that the quality of the house itself is a problem, then the damaged occupant can ask the developer to repair the water pipes and compensate for the corresponding losses. If it is true that the upstairs residents are damaged downstairs due to renovation, modification of water pipes, etc., then the upstairs should bear the corresponding responsibility. At this time, the upstairs users need to find the cause of the water leakage and deal with it in a timely manner, and at the same time, they should be liable for the losses suffered by the downstairs residents.
Article 92 of the Property Law of the People's Republic of China stipulates that: "Where 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; Where damage is caused, compensation shall be given. In this regard, Article 83 of the General Principles of the Civil Law also has relevant provisions.
Article 92 of the Property Law stipulates that: "Where 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; Where damage is caused, compensation shall be given. Therefore, if the upstairs occupant damages the water pipe during the renovation and causes the water leakage, the upstairs resident should repair it and be liable for the damage caused by the downstairs resident.
In addition, the "owner of real estate rights" is not only the owner of the upstairs house, but also the owner of the right to use it. Article 219 of the Contract Law stipulates that: "If the lessee fails to use the leased property in accordance with the agreed method or the nature of the leased item, resulting in losses to the leased item, the lessor may terminate the contract and claim compensation for the loss."
If the house leaks due to the tenant's fault, although the landlord is not the infringer, as the owner of the immovable property, he should still be liable for the losses caused to other residents due to the water leakage of the house, and the landlord can also recover from the tenant after assuming the liability for compensation.
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For this question, it is first necessary to clarify the responsibility, that is, where the water comes from, whether it is on the water or.
If it is a public part, then you have to find a property or water company, if it is the responsibility of the upstairs owner, that is, they are responsible, and the person responsible should be responsible for compensating for all the losses, and it is best to negotiate, if not, then it is to resort to law.
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The legal basis is Article 83 of the General Principles of the Civil Law: if an obstruction or loss is caused to a neighboring party, the infringement shall be stopped and the obstruction shall be removed.
Compensation for damages. 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! More information, better advice, free professional technical consultation on concrete waterproof leakage repair, free of the trouble of repairing today, leaking tomorrow, repairing every year, and leaking every year.
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If it's upstairs.
These losses caused by water leakage to your source home should be compensated by the owner of the upper floor, but if the management does not enter the house, in.
DAO pipe well or somewhere leaking, then find the property (developer to compensate), the main thing is to let the upstairs owner and the property cooperate to find out the cause of the water leakage, first find the root cause of the problem, and then find out whose responsibility is the root of the problem, and then find out whose responsibility is and analyze the cause.
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First of all, it should be clarified how this construction waste is formed? If it fell into the builder's construction stage, or did someone else's house fall into it later in the renovation construction? If it is the responsibility of the builder, it is the responsibility of the builder.
If it is caused by the renovation construction of the person upstairs, the person upstairs will be liable.
Reminder: Now it is all sub-household acceptance and delivery, you may have accepted the house with the developer's people before receiving the house, have you tried to drain it at that time? Drainage risers are vertical pipes and generally do not clog.
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First of all, it is necessary to distinguish who caused the garbage, which was caused during the construction of the project, and find the development unit to be responsible through the property; It is caused by the renovation of the small owner, and the small owner is responsible for it through the property.
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Bidding documents (or direct contracting documents), bid winning (undertaking) notice, geological survey report. Construction drawing review and environmental protection, fire protection, seismic resistance, civil air defense management departments review documents, survey design, preliminary design or expanded design.
Design contracts, survey contracts, supervision contracts.
Design, drilling, etc.
Quality supervision declaration form (including quality supervision notice).
Construction permits.
Construction contracts (and subcontracts).
Project budget.
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