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Whether the property is responsible for the water leakage upstairs depends on the specific situation
First, if it is identified that the water leakage is caused by the quality of the house not meeting the national standards, during the warranty period, the damaged owner can request the developer to repair the water leakage of the house and compensate the owner for the losses caused thereby. The construction unit shall, in accordance with the warranty period and warranty scope stipulated by the state, bear the warranty responsibility of the property. Under normal use conditions, the leakage prevention warranty period of toilets, kitchens and exterior walls with waterproof requirements shall not be less than 8 years.
Second, if the upstairs owner does cause the downstairs owner to leak water due to renovation or laying of water pipes, the upstairs residents should find out the cause of the water leakage and repair it in a timely manner, and should also be liable for the damage caused to the downstairs residents by their misconduct.
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Legal analysis: the roof leaks, of course, the property is responsible; Upstairs neighbor leaks water and the property is not responsible. Because there is only a contractual relationship between the property management company and the owner, if it involves maintenance responsibility, it only involves the maintenance responsibility of public properties and facilities.
Upstairs leaks are the responsibility of the upstairs owner, and the property is not responsible for it.
Legal basis: Article 288 of the Civil Code of the People's Republic of China The owner of adjacent rights to immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness.
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In daily life, we often see such a phenomenon: the owners of the upstairs and downstairs are arguing because of the water leakage problem of the house. When their quarrel reaches the surrounding owners, many owners will report to the property management company, hoping that they can resolve the dispute.
So, is the upstairs leaking property liable? Let's find out together!
1. Is the property responsible for the water leakage upstairs?
1.In fact, if there is a water leak upstairs, whether the property should be held liable or not mainly needs to be decided according to the actual situation. When there is a water leakage accident upstairs, you can negotiate with the upstairs owner to solve it, or let the neighborhood committee and the property coordinate to deal with it.
It is necessary to first find out the cause of the water leak upstairs, and then find a solution. If, after examination, the water leakage on the upper floor is caused by the owner's improper operation, and the owner refuses to compensate, then the downstairs owner can protect his rights and interests through legal means.
2.If the main reason for the water leakage accident upstairs is that the developer's construction quality is not up to standard, then the property should also bear some responsibility at this time.
2. How to deal with the water leakage upstairs?
1.Find the owner upstairs to cooperate with the banker.
When you find out the cause of the water leak upstairs, if it is caused by the improper operation of the upstairs owner, then you can go to the owner to negotiate. It should be noted that when negotiating with the owner, you must not be rash and tactful, so as to solve all problems.
2.Find a property coordinator.
If the landlord on the upper floor is not willing to negotiate with you and is not willing to make any compensation, then you can go to the property to coordinate and ask them to resolve the current situation, and at the same time make your position clear and ask them to compensate accordingly for the actual situation.
Summary: The above has introduced to you whether the upstairs leakage property is responsible and how to deal with the upstairs water leakage, I hope to give you some small help. If you want to know more about the water leakage in the big town upstairs, you can lock our ** again!
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Legal analysis: If there is a water leakage accident upstairs, you can negotiate with the owner of the upstairs 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, and the upstairs owner refuses to deal with and compensate, the downstairs owner can protect his legitimate rights and interests through legal means.
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) has a clear defendant, (3) has specific litigation claims, facts, and reasons, and (4) falls within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.
1. Check out the water leakage situation and then make a judgment. >>>More
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Here's how to make a claim:
1. Find the upstairs owner: If the upstairs owner does cause the downstairs residents to "receive water" due to decoration or laying water pipes, the upstairs residents should find the cause of the water leakage and repair it in time, and should also be liable for the damage caused to the downstairs residents by their misconduct. >>>More
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Leaky roofs are of course the responsibility of the property. Of course, the leakage of the floor slab is to find the property maintenance, the leakage of the floor slab may be the quality of the floor itself, or some pipe interface problems on the floor slab, or it may be a problem with the decoration of the upstairs residents, what is the reason, should be judged by the professional maintenance personnel of the property company, this is the responsibility of the property company, if it is a problem with the decoration of the upstairs residents, the property company supervises the repair of the upstairs residents, or the upstairs residents pay for the repair, and the property company repairs. If it is a problem with the floor slab or the pipes on the floor slab, it will be repaired by the property management company, and the money will be withdrawn from the special maintenance fund of the building (the floor slab is the main body of the house and belongs to the common part of the property). >>>More