The tenant caused a water leak and flooded the downstairs. Should the landlord compensate or the ten

It was obvious that the tenant had caused a water leak to flood the downstairs due to his own reasonsFinish. In this case, the tenant should pay compensation, but the landlord will often be found downstairs, so the landlord can pay the compensation downstairs first and then ask the tenant.

If the building leaks due to its own aging or other reasons, then the homeowner should compensate for this situation.

In accordance with Article 219 of the Contract Law of the People's Republic of ChinaIf the lessee fails to use the leased property in accordance with the agreed method or the nature of the leased object, resulting in the loss of the leased object, the lessor may terminate the contract and claim compensation for the loss. The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.

Of course, it is the tenant who compensates for it, and it is the tenant's improper use that causes the water to leak, and it is not the landlord who leaks the water.

Generally speaking, the tenant should still be compensated in this case, but if the tenant cannot find or cannot fulfill the liability for compensation, then the landlord should also be liable for compensation.

If the tenant's own problems cause water leakage and flooding the downstairs, then this should be the responsibility of the tenant and the tenant should compensate.

If the tenant causes a water leak and floods the downstairs, the tenant compensates because the user is the tenant and the tenant is responsible for what happens.

Whoever caused this situation will be compensated, and the tenant should take good care of it when he lives in the house.

If the tenant makes the house leaky, then you negotiate with the tenant of the house first, and then negotiate with the landlord.

The tenant caused a water leak and flooded the downstairs. Should the landlord compensate or the tenant?

After the landlord compensates, the landlord asks the tenant for damages.

Mainly look at the leakage, if it is within the scope of the upstairs remodeled bathroom, all costs should be borne by the upstairs owner. This is mainly due to the fact that the waterproofing was not done well when the upstairs was renovated. If it is the rest of the place, you can negotiate with the upstairs homeowner, share the cost, and negotiate a settlement.

If the negotiation fails, it will be resolved through law. If the water leakage of the house is due to the quality of the house, such as the water leakage caused by the waterproof warranty period or the unreasonable design of the house itself, you can find a civil business to be responsible for repair.

Legal analysis

If the house is leaking, first of all, you should take photos to preserve the evidence. Housing water leakage is related to the house structure, waterproof treatment, drainage system, etc., should find a professional to inspect the water leakage, judge the cause of water leakage, and determine the person responsible for water leakage. Once the responsible person has been identified, you can claim compensation from the property, the developer, or your neighbors.

You can negotiate with the responsible person to ask the other party to restore the original state, or you can ask the other party to compensate for the maintenance costs, if the other party shirks the responsibility or has objections to the amount of compensation, and the dispute over the water leakage of the house still cannot be resolved, you can file a lawsuit to solve it. Upstairs residents decorate the house, renovate the pipes, improper use of water, etc., damage the waterproof facilities on the ground or the upstairs residents' floor, water pipes and other waterproof materials are used for a long time, resulting in natural aging, exceeding the quality and shelf life, and the house leakage caused by water use under normal circumstances is directly repaired upstairs. If the water leakage needs to be repaired due to damage to the main structure, public parts and public facilities and equipment of the house, it can be repaired by applying to the property for housing maintenance**.

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 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 unit when the warranty unit carries out repairs.

Legal basis

Civil Code of the People's Republic of China

Article 295: Owners of immovable property rights shall not endanger the safety of adjacent immovable property by excavating land, constructing buildings, laying pipelines, installing equipment, etc.

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.

Under normal circumstances, whoever houses the house bears it, but you are the landlord, and there will be a more or less joint relationship.

People definitely don't look for tenants, they look for you to solve them.

You are the landlord, your house is rented to others, the whole house is rented to others, and he rents it to others, or you rent the room yourself, if you rent the room upstairs, you know that you don't find someone to fix it, it must be your responsibility, if the upstairs tenant knows about the water leakage, he doesn't inform you, you are responsible, if the downstairs is flooded, he knows the leakage, and he doesn't tell your landlord that you don't know, and the other party doesn't say that he is responsible.

In this case, of course, the loss is borne by the people upstairs, after all, it is because of their water leakage that your tenant said that the loss should not be borne by you.

In this case, the landlord must be liable for the loss, because this is his house, and the lessor also needs to bear joint and several liability.

I am the landlord, the new house is rented, who will bear the loss of the upstairs and downstairs caused by the tenant's absence?

It should be the user upstairs who bears the damage.

Whoever leaks is responsible, but you are the landlord and you are also responsible.

The house is rented out, leaks and floods the downstairs, and the party at fault will pay for it. If the landlord alters the structure of the house, the water pipes are aging, the pipe fittings are loose and the water leakage is not replaced in time, the landlord shall be liable for compensation; If the tenant forgets to turn off the water pipe or uses it improperly, the tenant shall be liable for compensation; If the rental house leaks due to the fault of the third party, the third party shall be liable for compensation. According to the relevant laws and regulations of China, 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.

Legal basisArticle 710 of the Civil Code of the People's Republic of China [Exemption Obligation of the Lessee to Use the Leased Property as Agreed] If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased object, resulting in the loss of the leased object, it shall not be liable for compensation.

Article 711 of the Civil Code of the People's Republic of China [Liability of the Lessee for Failing to Use the Leased Property as Agreed] If the lessee fails to use the leased property in accordance with the agreed method or the nature of the leased object, resulting in losses to the leased object, the lessor may terminate the contract and claim compensation for the loss.

Article 713 of the Civil Code of the People's Republic of China [Legal consequences of the lessor's failure to perform maintenance obligations] 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.

If the tenant rents a house with water leakage downstairs, if the service life of the house is within the scope of quality warranty, the developer shall be responsible, and if the water leakage is repaired, the decoration company shall be responsible, and if it is the cause of the adjacent party, the adjacent party can be requested to repair it immediately or in a timely manner with the report, and can request the adjacent party to compensate for the damage caused during the repair period. According to Article 233 of the Civil Code, if the property right is infringed, the right holder may resolve it through reconciliation, mediation, arbitration, litigation and other means. Article 236 stipulates that if the property right is obstructed or may be obstructed, the right holder may request Shochang to remove the obstruction or eliminate the danger.

Article 237 stipulates that if damage is caused to immovable or movable property, the right holder may request repair, rework, replacement or restoration to its original state in accordance with law.

Article 711 of the Civil Code of the People's Republic of China If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased object, resulting in the loss of the leased object, the lessee may terminate the contract and claim compensation for the loss. Article 710 of the Civil Code of the People's Republic of China shall not be liable for compensation if the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased object, resulting in the loss of the leased object.

The lessor is generally responsible for the leakage of the rental house to the downstairs, but if it is caused by the tenant's improper use, the tenant is liable. According to the relevant laws and regulations, if the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased property, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.

Article 711 of the Civil Code of the People's Republic of China in Zhuchang If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased object, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss. Article 710 of the Civil Code of the People's Republic of China If the lessee uses the leased property in accordance with the method agreed upon or according to the nature of the leased object, resulting in the loss of the leased object, it shall not be liable for compensation.

Legal analysis: If the loss is caused by water leakage in the house, the responsible party should be responsible for compensation. First of all, it is necessary to find out the cause of the water pipe burst, if it is the aging of the equipment, the non-tenant's malicious use caused by the burst water seepage, the tenant is not responsible.

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 the loss of the leased thing, the lessor may terminate the contract and claim compensation for the loss.

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

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 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.