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The upstairs leakage, continuous communication and communication failed, the first upstairs water leakage occurred because of the key to the following: the roof must be waterproof to solve the waterproof solution of the toilet and restaurant kitchen waterproof layer aging;The person in charge of the drainage pipe or sewage pipe is aging and seeping. In this case, if there is a property management service, the property management company will assign a professional to analyze and find the cause.
If the person in charge is aging and the maintenance fee is within the scope of the requirements of the "Property Management Service Contract", the property management company will go to someone for professional maintenance. If the water seepage is caused by the roof itself, the property service company will urge the owners of the roof community to repair it as soon as possible. Because you are in a community where there is no property is the management method.
You can only ask for help from the neighborhood committee to negotiate, but you must find a professional to find the real cause of the water seepage.
Suppose you are sure that the water seepage is caused by the deterioration of the waterproofing layer on the roof. It can directly stipulate that the owner of the rooftop community can repair it, and if the owner of the rooftop community does not repair it, he can file a lawsuit with the local court. However, you must cross-examine and confirm that the cause of the water leakage on the floor slab is related to the owner of the second-floor community.
If it is a leak in an underground water pipe caused by the aging of the drainage pipe or the person in charge of sewage treatment. Then you must find the tenant who shares the person in charge of the whole building and share the maintenance cost.
If there is water seepage on the roof of the building, and the owner of the rooftop community does not want to spend money on floor tiles.
Dismantled, re-done waterproofing and pasted floor tiles again.
That is as the downstairs community owners on their own to spend some money to the roof of the bathroom floor tile plugging joint into tile seams, because the tile joint agent can plug the floor tile gap, can have waterproof effect, in addition to the anti-odor floor drain and sewage pipe parts to see, whether the anti-odor floor drain and sewage pipe is not connected in time, bathroom shower water according to this part to seep, that is also one of the main reasons for bathroom water seepage, many people do not know that it is waterproof is not good, You can buy a pack of plugging spirit to block the odor-proof floor drain and the sewage pipeNopeThe concrete layer must be exposed, and then observe for a few days to see if the water seepage situation is alleviated, it indicates that it is a matter of this location, and it is easy to resolve it.
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I think at this time, you can choose to call the police and then ** to deal with it, request ** to coordinate and deal with it, if it doesn't work, you can file a lawsuit with the local court.
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You can take the other party to court, you can defend your rights through the law, and you have to collect relevant evidence.
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You can try to communicate with the street to take photos to collect evidence, and after getting the evidence, you can find a lawyer to send a letter to correct it within a limited time, stating that otherwise you will go through the judicial process to claim compensation. The only way to do this is to keep the evidence and find legal procedures.
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Legal analysis: First of all, you can find the property to deal with it and ask the property to coordinate and resolve the matter. Secondly, if the property is not concerned or the coordination of the property is ineffective, you can complain to the owners' committee or the owners' general meeting for feedback.
The Owners Committee is required to urge the property, the relevant landlords and tenants to cooperate in the handling of the water leakage problem as soon as possible, and to claim compensation if there is any loss. Finally, if there is no Owners' Committee or the Owners' Committee urges it to no avail, then it can collect evidence and file a lawsuit in court to demand that the infringement be stopped, the original state of restoration and compensation for damages.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Legal Analysis: A civil lawsuit can be filed in court for damages. After discovering a water leak, the injured party should first protect the scene and fix the evidence.
For example, the collection of evidence such as photographs, video recordings, etc. You can first find the property or community in the community and ask them to give advice, or ask them to go to the neighbor upstairs to negotiate repairs. Where the law has other provisions, those provisions shall be followed.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific litigation claims, facts, and reasons;
(4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Summary. Hello, I am happy to answer for you, the downstairs leakage upstairs does not cooperate with the property treatment, you can go to the court to sue the other party for maintenance.
Hello, I am happy to answer for you, the downstairs leakage upstairs does not cooperate with the property treatment, you can go to the court to sue the other party for maintenance.
First, if a civil dispute occurs in Zacong, the parties may request the people's mediation committee, Sooxun and the relevant administrative departments to mediate, or they may apply to an arbitration institution for arbitration in accordance with the law, or file a civil lawsuit with the people's court.
Second, the People's Mediation Committee is an organization that mediates civil disputes under the guidance of the grassroots people's courts and the people's courts. The people's mediation committee conducts mediation in accordance with the provisions of the law on the prohibition of conclusions and on the basis of the principle of voluntariness.
Third, the parties shall perform the agreement reached through mediation, and if they are unwilling to mediate, fail to mediate, or renemecerate, they may file a lawsuit with the people's court.
Legal basis: Article 49 of the Property Management Regulations in the property management area in accordance with the planning of public buildings and common facilities, shall not be changed. If the owner really needs to change the use of public buildings and common facilities in accordance with the law, he shall inform the property management service enterprise after going through the relevant formalities in accordance with the law; If a property management service enterprise really needs to change the use of public buildings and common facilities, it shall submit it to the general meeting of owners for discussion and decision, and the owners shall go through the relevant formalities in accordance with the law. Article 50 Owners and property service enterprises shall not occupy or excavate roads and sites within the property management area without authorization, harming the common interests of the owners.
If the owner needs to temporarily occupy or excavate the road or site due to the maintenance of the property or the public interest, the consent of the owner's committee and the property management service enterprise shall be obtained; If a property management service enterprise truly needs to temporarily occupy or excavate roads or sites, it shall obtain the consent of the owners' committee. Owners and property management service enterprises shall restore the roads and sites temporarily occupied or excavated to their original state within the agreed time limit.
The owner upstairs refuses to answer**, does not reply to the message, and does not open the door because he is very busy with work, what should I do? Would it be useful if the alarm was called?
It's useless to call the police.
It is a civil dispute and is not under the jurisdiction of the police.
It can only be resolved by prosecution.
Do I have to find a lawyer to draft an indictment before filing a lawsuit?
That's right. If you need it, I'll be able to help you write an indictment.
The indictment was submitted to the People's Mediation Committee, right?
The right one is submitted to the people's mediation committee.
If you need it, I can write it for you and send it to you.
199 is required, this is the cost of the indictment, and the other party needs to bear the money after you sue.
You click on this one-to-one ** legal document and click on the question, and I will write it here and send it to you.
Okay, so do I sue the property or the upstairs owner? Because the property does not give me the reason for the leakage of the exterior wall or the leakage of the upstairs, and the reason why the letter belt oak upstairs does not check the decoration master next to the slide, the property has been dragging the owner upstairs who refuses to accept the line **, and the owner of the upstairs is angry. Indict.
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Summary. Hello, if you have confirmed that you can't find the owner, you should first find the property in the community, close the main water valve upstairs, and after the water leakage stops, you should ask the property in the community to contact the owner for treatment. At the same time, photographs are taken to preserve the evidence and prevent unnecessary arguments.
If the upstairs residents still do not actively deal with it, they can call the police to deal with it.
Hello, if you have confirmed that you can't find the owner, you should first look for the community property, close the main water valve upstairs, and after the water leakage stops, you should ask the community property to contact the owner for treatment. At the same time, photographs are taken to preserve the evidence and prevent arguments that do not necessarily lead to remorse. If the upstairs residents still do not actively deal with it, they can call the police to deal with it.
The property could not be contacted by the owner, and the owner upstairs had not gone through the formalities for getting on the house.
Then you can only find the community to close the main water valve upstairs first to prevent further water leakage. Because he did not go through the formalities for going to the house, it was also more troublesome to investigate.
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An appeal can be filed with the court.
According to Article 35 of the "Property Management Regulations", property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract. Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.
When a property management service enterprise undertakes a property, it shall go through the property acceptance procedures with the owners' committee. The owners' committee shall hand over the materials provided for in the first paragraph of Article 29 of these Regulations to the property management service enterprises. The ownership of property management houses belongs to the owners in accordance with the law.
Without the consent of the owners' general meeting, the property management service enterprise shall not change the use of the property management room.
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Regardless of the property owner, the owner can find the cause of the house leakage first. First of all, it is necessary to determine whether the house is within the warranty period stipulated by the relevant laws, if the housing developer can be asked to be responsible during the warranty period, if it is beyond the warranty period, you need to be responsible yourself, you can request assistance from the property management company to assist in its repair. Legal basis:
Article 40 of the Regulations on the Quality Management of Construction Projects Under normal use conditions, the minimum warranty period of construction projects is: (1) the reasonable service life of the project specified in the design documents for the infrastructure construction project, the foundation engineering and the main structure project of the housing construction; (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) Installation and decoration of electrical pipelines, water supply and drainage pipelines, and equipment shall be 2 years. The warranty period for other items shall be agreed between the employer and the contractor.
The warranty period of the construction project shall be calculated from the date of acceptance of the completion of the project. Article 287 of the Civil Code provides that the owner has the right to request the construction unit, property management service enterprise or other managers and other owners to bear civil liability for their infringement of their legitimate rights and interests.
I'm on the fourth floor, the fifth floor is leaking, and the landlord doesn't care, what should I do.
If the landlord does not deal with the leakage of the rented house, the landlord shall promptly urge the landlord to repair and maintain the house to ensure that the tenant can use the house normally, including the normal maintenance of the house. If the water leakage problem seriously affects the normal use of the envy, the tenant can return the rent. Legal basis:
Article 712 of the Civil Code The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties. Article 713 When the leased property needs to be repaired, the lessee may request the lessor to repair it within a reasonable period of time. 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.
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The owners' committee may be required to assist in management, and shall promptly stop violations of rules and regulations. Property management companies have the right to implement management and management measures for residential communities in accordance with the property management contract and management measures, and if the owner does not cooperate with the property management work and still does not correct it, the property can be handed over to the administrative department to be stopped or dealt with according to law. Hope it helps.
Have a great day. Thank you!
Hello, we have received your question and are working hard to prepare the answer for you, and will reply to you within five minutes! Wait a moment! ^
Hello! Thank you for your patience and now to answer your questions, The way to deal with the landlord's non-slippery property is to ask the owners' committee to assist in the management, and to stop the violation of the rules and regulations when the letter is issued.
Property management companies have the right to implement management and management measures for residential communities in accordance with the property management contract and management measures, and if the owner does not cooperate with the property management work and still does not correct it, the property can be handed over to the administrative department to be stopped or dealt with according to law. Hope it helps. Have a great day.
Thank you! There is a leakage downstairs to find the owner upstairs to repair, at that time she said she didn't know ** to find someone to repair, asked us to help him find someone to repair, she said no money, the downstairs owner helped her pay, after a few days I don't want to pay, because Wei Ming repair is not in place, and then look for the upstairs to avoid the fear of paying not to cooperate with the shed empty how to do it, how to deal with this matter.
Which department should be approached to solve this?
First of all, the owner downstairs can only find the property to deal with it first.
The property company has the right to implement management and formulate management measures for residential communities in accordance with the property management contract and management measures, and if the owner does not cooperate with the property management work and still does not correct it, the property can be handed over to the administrative management department to stop or deal with it in accordance with the law.
Does it work, the owner upstairs gave Lai Pi the same, but he didn't want to pay for repairs.
The property may be handed over to the administrative department to be stopped or disposed of in accordance with the law.
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