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After the house leaks, how to solve it, who to compensate, and what are our ways to protect our rights?
First of all, 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 time, and the damage caused to the downstairs residents should be compensated.
Article 92 of the Property Law 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. ”
Then, we need to collect and preserve the evidence that we have.
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.
If no agreement can be reached, the plaintiff may pay in advance, and then appeal to the court after the appraisal results are out, requiring the relevant responsible person to bear the cost.
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You tell the neighbor that if he doesn't agree to deal with it, you can file a complaint with the property and let the property deal with it, hoping to help you.
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You can find a property, a neighborhood committee, and even resort to law.
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You can only file a civil lawsuit with the local district and county court to demand that the upstairs cease the infringement and compensate for the damages.
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Legal Analysis: Go directly to the court to sue. First, when the plaintiff files a lawsuit in court, he must submit a complaint to the court with jurisdiction; Second, the court files a case for review, which is only a formal review, as long as it meets the criteria for filing a case, that is, there is a clear defendant, and there are specific factual claims and reasons; third, court scheduling**; Fourth, the court notifies the parties to appear in the case and conduct a trial; Fifth, the judgment is rendered and the verdict of the civil action is pronounced.
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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Summary. Hello.
1. How to protect rights if the water leakage upstairs refuses to be rectified.
If the other party has been ignoring it, it can sue the other party to remove the nuisance and compensate for economic losses.
1. If the upstairs neighbors do not cooperate or do not repair in time, the damaged owners can follow the relevant regulations: "The adjacent parties of the immovable property shall correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation, lighting and other aspects 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.
2. When the upstairs neighbor ignores the court's judgment, the injured party can first ask the construction team to repair it, and then request the upstairs neighbor to compensate 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. When you find that there is a water leak on the upper floor, you can first find the property of the community and let them give advice, or let them go to the neighbors 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.
Please ask the upstairs neighbor to leak water to my house, ask him to deal with it, but he won't deal with it. How do I defend my rights?
Hello. 1. How to protect rights and negotiate if the water leakage upstairs refuses to be rectified, if the other party has been ignoring it, you can sue the other party to remove the nuisance and compensate for economic losses. 1. If the upstairs neighbor does not cooperate or does not repair it in time, the damaged owner can follow the relevant regulations:
The adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in areas such as 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. Take the dispute to court.
2. When the upstairs neighbor ignores the court's judgment, the injured party can first ask the construction team to repair it, and then request the upstairs neighbor to compensate 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. When you find that there is a water leak on the upper floor, you can first find the property of the community and let them give advice, or let them go to the neighbors 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.
He only promised to pay a thousand, the ceiling was badly cracked, and the cabinets were cracked.
This can be appealed to the court, and the court will enforce it after the property is determined.
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Then you report to 110 first, and the ** police will be present to preside over the consultation, which is the fastest legal intervention, and has the effect of evidence and witnesses. If the parties insist on not negotiating, disposing of, or compensating, you can file a civil lawsuit with the local court, and this kind of civil private prosecution case is subject to summary litigation procedures, and the resolution is generally very fast. If the court decides that the party refuses to enforce, you can apply for enforcement.
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If the roof leaks, the upstairs is not only responsible for the waterproofing of your own house, but also responsible for repairing the damaged part of your roof, which is a national law, and it has nothing to do with how many years the building is.
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The upstairs neighbor's water leak is not solved, and he goes directly to the court to sue.
The Civil Procedure Law of the People's Republic of China stipulates that the following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization with 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.
First, when the plaintiff files a lawsuit in court, he must submit a complaint to the court with jurisdiction; Second, the court files a case for review, which is only a formal review, as long as it meets the criteria for filing a case, that is, there is a clear defendant, and there are specific factual claims and reasons; third, court scheduling**; Fourth, the court notifies the parties to appear in the case and conduct a trial; Fifth, the judgment is rendered and the verdict of the civil action is pronounced.
Legal basis. Article 119 of the Civil Procedure Law of the People's Republic of China (2017 Revision) Requirements for initiating 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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Go straight to the court and sue.
The Civil Procedure Law of the People's Republic of China stipulates that the following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other group with a direct interest in the case; (2) There is a defendant who has a clear delay; (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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