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The water leakage provisions are as follows: the party damaged by the water leakage shall first ask the housing quality inspection department to make an appraisal report on the cause of the water leakage in the house and how to make up the leakage; After identification, if it is the cause of the adjacent party, the adjacent party may be required to repair it immediately or in a timely manner on the basis of the report, and may request compensation from the adjacent party for the damage caused during the repair period. If the adjacent party does not cooperate, the injured party can take the dispute to court.
The legal basis for this is Article 83 of the General Principles of the Civil Law, which stipulates that the adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation and lighting. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.
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. If the upstairs does not pay compensation, it can apply to the court for enforcement.
I know from above, if you don't deal with it upstairs, tell him about it, and if it doesn't work, I'll see you in the court. You just look for the upstairs, waterproof has a 5-year warranty, the pipeline is 2 years, the warranty period is the responsibility of the developer, if the upstairs says that there is a quality problem, it is upstairs and the developer's business, what does it have to do with you, you just look for him to deal with it and no longer let the water leak to your home! Property can assist, but it can't be deciding.
Isn't there enforcement in the court, and if it doesn't work at that time, you cut off the water pipe, don't use it upstairs, it's okay!
Provide free professional technical consultation for concrete waterproof leakage repair.
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It depends on the location of the specific house, is it the bathroom?
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Legal Analysis: None. Leaking pipes between floors is a quality problem of the house and should be repaired by the property.
If there is a leakage of pipes between floors, the property has the obligation to coordinate the relationship between all parties, such as: roughly estimating the cause (location) of the water leakage, the households involved or affected, coordinating with the owner to raise funds or apply for maintenance**, organizing construction, etc.;
Legal basis: Regulations of the People's Republic of China on Property Management
Article 35 Property 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.
Article 51: Units such as for water supply, power supply, gas supply, heat supply, telecommunications, and cable television shall, in accordance with law, bear responsibility for the repair and maintenance of relevant pipelines, facilities and equipment within the property management area. Where the units provided for in the preceding paragraph temporarily occupy or excavate roads or sites due to the need for repairs or maintenance, they shall promptly restore them to their original state.
Article 53 The owners of residential properties, non-residential properties in residential quarters, or non-residential properties connected to the structure of a single residential building shall, in accordance with the relevant provisions of the State, pay special maintenance funds. The special maintenance funds belong to the owner, and are specially used for the maintenance, renewal and transformation of the common parts of the property and the common facilities and equipment after the expiration of the property warranty period, and shall not be diverted for other purposes. Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department in conjunction with the financial department.
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Legal analysis: Whether it is the responsibility of the fourth floor depends on whether the fourth floor is at fault. Such as decoration or improper use.
Neighbors should settle the matter peacefully through negotiation. If it is within the warranty period, you can claim it to the construction department. It is best to contact the property to find out the cause of the water leak.
The tort liability liability system refers to the civil liability in the form of payment of money or goods for the property, personal and mental damage caused by the infringement caused by the perpetrator. Tortious damages are one of the most common and frequent forms of civil liability. Tortious act refers to the act itself that infringes on the rights or legitimate interests of others.
The fact of damage refers to the adverse impact on the property or personal rights and interests of others, including property damage and non-property damage, and non-property damage also includes personal injury and mental damage.
Legal basis: Article 1167 of the Civil Code of the People's Republic of China: Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tort liability such as stopping the infringement, removing obstacles, and eliminating dangers.
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Legal Analysis: Need to Know the Cause of Water Leakage. If it is a problem with the quality of the house, the developer needs to be responsible during the warranty period, and if it is caused by the 4th floor, the 4th floor should be repaired for compensation.
Legal basis: Article 465 of the Civil Code of the People's Republic of China Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
Article 23 of the Civil Procedure Law of the People's Republic of China Article 23 Litigation arising from contract disputes shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed.
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Summary. Hello <>
From a legal point of view: in this case, the upstairs leakage can be coordinated by the property, or the housing quality inspection department can be asked to make an appraisal report on the cause of the water leakage in the house and how to make up the leakage, and then a lawsuit can be filed with the court according to the report.
Upstairs leakage refuses to repair which department to find.
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From a legal point of view: this situation can be coordinated by the property to coordinate the water leakage upstairs, or ask the housing quality inspection department to make an appraisal report on the cause of the house leakage and how to make up for the leakage, and then Qiankai can file a lawsuit with the court according to the report.
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From a legal point of view, the basis is as follows: Article 288 of the Civil Code: The adjacent rights holders of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.
At. What's going on on your end.
In this case, you can go upstairs to ask for compensation.
Water leakage, upstairs said that his house has not been renovated for many years, not because of his reasons, because of the aging pipes, it has nothing to do with his house.
In this case, it is the responsibility of the property.
This has to be claimed by the property.
The house has been around for more than ten years, and this can still find property responsibility?
Yes, yes, dear.
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Summary. According to many years of experience in property management, the first thing to look at is the cause of water leakage, if it is a leak on the first floor, it has been leaking to the third floor downstairs, and the leakage has to find the 4th floor.
Who is responsible for the specific situation of the specific analysis, the general developer delivered the commercial housing has a warranty period, the warranty period for water and electricity installation is two years, the waterproof warranty period is five years, and the water leakage caused by the quality problem during the warranty period is repaired by the development and construction unit, including compensation for the losses caused by the leakage to the residents downstairs.
If the warranty period is out of the warranty due to quality problems or water leakage caused by improper use of their own, the residents on the fifth floor are responsible for it, and the losses caused to the fourth and third floors downstairs are also borne by the residents on the fifth floor, I hope this can help you.
Is the third floor drain pipe leaking and the fourth floor responsible.
According to many years of experience in property management, the first thing to look at is the cause of water leakage, if it is a leak on the first floor, it has been leaking to the third floor downstairs, and the leakage has to find the 4th floor. Who is responsible for the specific situation to analyze the specific situation, the general developer Laxusong delivered commercial housing has a warranty period, the warranty period for the installation of hydropower ships is two years, the waterproof warranty period is five years, and the leakage caused by the quality problem within the warranty period is repaired by the development and construction unit, including compensation for the losses caused by the leakage to the residents downstairs. If the warranty period is out of the warranty due to quality problems or water leakage caused by improper use of their own, the residents on the fifth floor are responsible for it, and the losses caused to the fourth and third floors downstairs are also borne by the residents on the fifth floor, I hope this can help you.
The sewer pipe of the bathroom on the fourth floor is broken and leaking in the bathroom on the third floor, and the responsibility is on the third floor or the fourth floor.
If it wasn't vandalism downstairs, it should be the upstairs occupants who were responsible. If there is damage caused to the downstairs, the upstairs residents are also liable for compensation. If it causes obstruction or loss to the neighboring party, it shall not stop the infringement, remove the obstruction, and compensate for the loss.
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Legal Analysis: The fourth floor bears the primary responsibility.
Legal basis: Civil Code of the People's Republic of China
Article 712 The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.
Article 713 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.
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It's possible. This could be a problem with the plumbing or waterproofing on the fourth floor, or it could be caused by a leak from a higher floor.
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