What should I do if there is always a leak upstairs? 20

In the case of a water leak upstairs, you need to do this:

First, find the upstairs occupants, check the location of the water leak, and determine the cause of the water leak.

Please ask the upstairs residents to quickly find a waterproof and plugging company to fix the leakage.

Determine the damage caused by water leakage in the house, and negotiate compensation with the upstairs residents.

If the upstairs is a neighbor's house, you tell them that the upstairs is leaking and let them solve the problem of water leakage in the house, if there is always a leak in the upstairs of your own house, then you must solve it yourself, and the solution is to find a professional waterproof person to help you.

It is best to find the property department first, and then communicate with the property department to the owner upstairs to solve the problem, which can generally be solved.

The total leakage upstairs can be solved by coordinating with the upstairs and the property.

First find him yourself, you can solve it peacefully, you can't find a property, you can't find the police, and then you can't prosecute him.

You should communicate with your upstairs neighbors to find the problem together and then coordinate how to deal with it.

You can find the property to solve the problem.

1. Find out the situation and then make a judgment.

In the event of an upstairs water leak, the first thing to do is to clarify the status. One is to prove that it was not man-made to damage, and if this is the case, then it is up to you to solve the problem yourself. The second is to find out that it is the responsibility of the neighbors who caused the water leakage on the upper floor.

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. The third is to see whether the house is still within the warranty period, because generally the water quality warranty for new buyers is 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.

2. Methods of negotiation execution.

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.

If the upstairs neighbor does not cooperate or does not repair it in time, the damaged owner can follow Article 83 of the General Principles of the Civil Law: "The adjacent parties of 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.

Take the dispute to court.

When the upstairs neighbor ignores the court's decision, the injured party can first ask the construction team to repair it, and then demand compensation from the upstairs neighbor through the court in accordance with the relevant laws and regulations. In addition, when the upstairs neighbor does not take the initiative to compensate, the injured party can apply to the court for enforcement.

3. How to repair the warranty period of the house.

If the upstairs water leak occurs during the warranty period of the house (under normal circumstances, the water quality of the house is guaranteed for 5 years, and the pipeline warranty is 2 years), as long as it is non-man-made, the developer should be held responsible. When the developer ignores it, the damaged owner can file a complaint with the local quality supervision department, or directly sue the developer to the court.

It is worth noting that if there is a water leak on the upper floor, the house is still within the warranty period, and it is believed that it is not man-made, whether it is the damaged owner or the upstairs neighbor owner, the developer should be repaired in time. If the developer is allowed to delay until the warranty period, it is likely that he will have to clean it up himself. In addition, when the developer sends someone to repair it according to the owner's requirements, it still does not work, or the maintenance is not in place, after repeated twice, the owner can find someone to repair it by himself, and the cost is paid by the developer.

Fourth, other auxiliary methods to solve the problem upstairs.

When you find a water leak on the upper floor, you can first find the property in the community and ask them to give advice, or ask them to go to the neighbor upstairs to negotiate and repair it. It can also be assisted by community officials and the police. and should do a good job of collecting evidence such as taking pictures, videos, and messages, so that it can be beneficial after being sued to the court.

In addition, if it is a unit, you can find the unit to coordinate and solve it.

It needs to be analyzed on a case-by-case basis, and if it is due to the water leakage caused by the production and business activities of the owner upstairs, the owner shall be liable. If it is normal aging or natural damage, the manager is responsible for the maintenance and the property is responsible for repair.

1. Who is responsible for the loss of leakage of public water pipes.

The developer or utility company is responsible for the loss of leaking water from the public water main, and the details are as follows:

1. Because the water leakage problem caused by the public sewer pipe is not man-made, it is still within the warranty period, and the developer can be responsible for repair, and the corresponding losses should also be borne by the developer. The shelf life of sewer pipes is usually 5 years, and if there is any problem within 5 years, the developer is responsible for management and maintenance;

2. If the warranty period has expired, it has caused water leakage, and it has also caused the loss of furniture and household appliances in the owner's home. In this case, repairs can be made through the property management company, and the property management company is responsible for the damage. Especially in some formal communities, equipped with property companies, public facilities should be repaired, and if there is a problem, you can use the maintenance**.

A property management company is an enterprise-type economic entity established in accordance with legal procedures and with corresponding qualifications to operate property management business, and is an independent enterprise legal person. It is a service enterprise, it is an equal subject relationship with the owner or user, it accepts the entrustment of the owner, in accordance with the provisions of relevant laws and regulations or the contract, the property in a specific area to implement professional management and obtain corresponding remuneration.

2. Is the property obligated to help the owner solve the water leakage problem?

There is no liability for the demolition of the property, and the neighbor needs to be responsible for the maintenance and compensation. You can find the property to repair first, and if it is not repaired, it must be solved through legal means. The decorator shall be responsible for repairing and compensating for the blockage, water leakage, water and power outages, and damage to the 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 a water leakage accident occurs, you can negotiate with the owner of the upper floor or coordinate with the property and neighborhood committee to solve it, find out the cause of the water leakage, and then discuss the solution. If the water leakage is indeed caused by the upstairs owner's alteration after professional investigation, and the upstairs owner refuses to deal with and compensate, the downstairs owner can protect his legitimate rights and interests through legal means.

3. The owner damaged the elevator.

Generally, you need to repair it yourself or bear the responsibility for compensation. According to the laws of our country, the perpetrator shall bear tort liability for the damage caused by his fault. Therefore, if the owner causes the elevator damage, he must be responsible for it, and the property fee paid is not used for the owner's personal damage to the elevator repair.

If the elevator is damaged because the owner entrusts the renovation company to renovate, the decoration company can compensate for it.