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The upstairs leaks to the downstairs, and the upstairs refuses to repair it, and the upstairs owner is responsible for compensation and repairs as soon as possible. First of all, it is understood that the original building drainage pipe or submersible bend is leaking, then disassemble for cause investigation, if it is not caused by the decoration of the pipe damage, the property management office is responsible for maintenance and related liability compensation. If the damage is caused by renovation, the person who caused the damage is responsible.
If there is a leak in the water supply pipe or the drainage and sewage pipe laid during the decoration, the decoration company is responsible for maintenance and compensation, if the upstairs pipe leaks, the upstairs to the downstairs seepage and damage, you can find the upstairs owner to be responsible for compensation and repair as soon as possible. It is recommended to find a good property management office and the person in charge of decoration to come to the site to analyze the water leakage point and find out the cause of the water leakage before the responsibility division system can be carried out. If it turned out to be a hardcover house, then it must be the property management office that is responsible.
The upstairs leak does not fix the solution
The upstairs leak is not repaired, and can be dealt with in consultation with the upstairs neighbors. If the negotiation fails, you can find the property in the community, let them give advice or let them solve the problem directly. If the upstairs owner still refuses to repair it, he can file a lawsuit with the local court to ask the upstairs owner to fix the water leak and compensate for the economic losses caused by the water leak.
The following conditions must be met, and the plaintiff must be a citizen, legal person or other organization with a direct interest in the case. There are clear defendants. There are specific litigation claims, facts, and reasons, and they are within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.
A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.
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Find a property coordination, if it is invalid, you have to go through legal procedures.
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1. You can negotiate with the owner of the leakage first.
2. If the negotiation is unsuccessful, you can ask for help from the property in the community and ask the staff to come forward to deal with it.
3. If it still can't be solved, you can find help from relevant departments and ask the upstairs residents to repair the water leakage problem.
4. You can collect favorable evidence and initiate litigation in the local court.
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The upstairs leaks to the downstairs, you can go upstairs and communicate with the upstairs through the property, it really doesn't work, you can also pay some money, after all, this repair is more troublesome. If it still doesn't work, I suggest you call the police, or even go to court to file a lawsuit.
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If the upstairs leaks to the downstairs, and the upstairs refuses to repair, it can be coordinated through the property or the community, and if it still doesn't work, then go through legal procedures to go to court.
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In this case, you can go to the property, and the property will intervene to deal with it.
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The downstairs can file a civil lawsuit with the local district and county court for upstairs repairs and compensation.
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What should I do if the upstairs leaks to the downstairs and the upstairs refuses to repair it? I think that if this is the case, it should be handled by the property.
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This question is:
Find a property. If you agree, please give it a thumbs up, thank you.
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The solution to leaking water from upstairs to downstairs is as follows:
In the event of an upstairs water leak, the first thing to do is to clarify the status.
1. To prove that it is not artificially damaged by yourself, if this is the case, then it is up to you to solve the problem yourself.
2. It is the responsibility of the neighbor to find out that the water leakage on the upper floor is caused. In order to find out the situation, the damaged owner can ask the property quality inspection department to identify the cause of the water leak and how to repair it.
3. It depends on whether the house is still within the warranty period, because the water quality guarantee for new buyers is generally 5 years, and the pipeline warranty is 2 years. If the house leaks water is not man-made, and it is still within the warranty period, the developer has to take the corresponding responsibility.
Of course, if you are the top floor resident, if there is a water leak on the upper floor, it must be repaired by the developer or the property company, and the cost will be borne by them.
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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.
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The cause of the water leakage needs to be identified, and in the case of determining that the water leakage is caused by the upstairs residents due to decoration or other reasons, the upstairs residents should repair it in a timely manner, and the damage caused to the downstairs residents should be compensated.
Article 296 of the Civil Code 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. ”
Because the amount of damage is small, the best solution is to negotiate a settlement or have the property as an intermediary to mediate. Take the evidence to negotiate with the responsible person, you can ask the other party to restore the original state, or you can ask the other party to compensate for the maintenance costs.
Finally, if negotiation is not possible, and the relevant formalities are completed, then we can choose to sue to protect our rights. In civil litigation, the principle of "who asserts, who bears the evidence" is followed, and as the plaintiff in a water leakage dispute, it is necessary to provide evidence on the specific causes of the water leakage, losses and other facts.
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The upstairs leaks to the downstairs, and after the downstairs finds the upstairs, the upstairs neighbors refuse to repair, then the first thing to do is through the property, and if the property can't be solved, then through the community neighborhood committee, and finally you can go to the court to sue.
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If the cause of the water leakage is indeed caused by the upstairs, and the neighbor does not cooperate or repair it in time, the damaged owner can submit the dispute to the court for handling in accordance with the provisions of Articles 288 and 1167 of the Civil Code. If the neighbor ignores the court's decision, the injured party can first ask the construction team to repair it himself, and then demand compensation from the upstairs neighbor through the court in accordance with the relevant laws and regulations.
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What should I do if the upstairs leaks to the downstairs and the upstairs refuses to repair it?
1. If you don't repair the water leak upstairs, you can discuss with your neighbors upstairs. If the negotiation is inconsistent, you can ask the community town oak property to put forward comments and solve it. 2. If the upstairs owner still refuses to repair, the downstairs owner can go straight to the hole and file a lawsuit with the local court, not only to let the upstairs owner solve the problem of leakage, but also to compensate for the economic losses caused by the leakage.
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