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The upstairs leaks to the downstairs, and the upstairs refuses to repair it, and the upstairs owner is responsible for compensation and repairs as soon as possible. First of all, it is understood that the original building drainage pipe or submersible bend is leaking, then disassemble for cause investigation, if it is not caused by the decoration of the pipe damage, the property management office is responsible for maintenance and related liability compensation. If the damage is caused by renovation, the person who caused the damage is responsible.
If there is a leak in the water supply pipe or the drainage and sewage pipe laid during the decoration, the decoration company is responsible for maintenance and compensation, if the upstairs pipe leaks, the upstairs to the downstairs seepage and damage, you can find the upstairs owner to be responsible for compensation and repair as soon as possible. It is recommended to find a good property management office and the person in charge of decoration to come to the site to analyze the water leakage point and find out the cause of the water leakage before the responsibility division system can be carried out. If it turned out to be a hardcover house, then it must be the property management office that is responsible.
The upstairs leak does not fix the solution
The upstairs leak is not repaired, and can be dealt with in consultation with the upstairs neighbors. If the negotiation fails, you can find the property in the community, let them give advice or let them solve the problem directly. If the upstairs owner still refuses to repair it, he can file a lawsuit with the local court to ask the upstairs owner to fix the water leak and compensate for the economic losses caused by the water leak.
The following conditions must be met, and the plaintiff must be a citizen, legal person or other organization with a direct interest in the case. There are clear defendants. There are specific litigation claims, facts, and reasons, and they are within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.
A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.
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In such a situation, you should first find the property and the property will come forward to solve it, and then go through the legal process.
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If the upstairs leaks to the downstairs, the upstairs is responsible, and if the loss is caused by this, the upstairs will be responsible for compensation, so it must be made clear to the upstairs, and if it is really not possible, resort to the law (go to the court to litigate).
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Upstairs leakage downstairs do not agree to repair, this should do a good job of ideological work, go downstairs to communicate well, upstairs water leakage, the supervisor should repair a unit is responsible.
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The solution to leaking water from upstairs to downstairs is as follows:
In the event of an upstairs water leak, the first thing to do is to clarify the status.
1. To prove that it is not artificially damaged by yourself, if this is the case, then it is up to you to solve the problem yourself.
2. It is the responsibility of the neighbor to find out that the water leakage on the upper floor is caused. In order to find out the situation, the damaged owner can ask the property quality inspection department to identify the cause of the water leak and how to repair it.
3. It depends on whether the house is still within the warranty period, because the water quality guarantee for new buyers is generally 5 years, and the pipeline warranty is 2 years. If the house leaks water is not man-made, and it is still within the warranty period, the developer has to take the corresponding responsibility.
Of course, if you are the top floor resident, if there is a water leak on the upper floor, it must be repaired by the developer or the property company, and the cost will be borne by them.
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Legal analysis: 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.
Legal basis: Article 296 of the Civil Code of the People's Republic of China Where the owner of immovable property uses adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try to avoid causing damage to the adjacent immovable property owner.
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The upstairs leaks to the downstairs, and the upstairs refuses to repair how to sue.
2.Consult with the upstairs residents. 3.
Filing a lawsuit with the court to defend your rights. In a similar situation, it is best to use legal means to protect your rights, which can relatively better protect your own security and is more legal. 1.
Collecting EvidenceThe first thing to do when a water leak is discovered is to protect the site and collect evidence by means of photographs, audio and video recordings. 2.Negotiate with the upstairs residents After collecting evidence, if you are afraid of causing a dispute, you can provide the evidence to the property in the community, and then let the property communicate and negotiate with the upstairs residents.
If you are not afraid of disputes, you can negotiate on your own, but this method is not recommended. 3.If the negotiation is fruitless, and the upstairs residents still do not repair and cannot do good measures, then at this time, you can ask a professional organization to assess the scene, and then complete the formalities, submit the relevant evidence to the court, and use the legal means of shouting keys to protect rights through the method of prosecution.
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Summary. Hello, dear, I am asking the legal consultation substitute teacher, I am happy to answer for you! 1. Call the police.
Have the police come to the scene to verify and record; 2. Protect the site and take pictures. Filming the flooded scene as evidence; 3. Coordinate with the upstairs house with the help of ** (this way is recommended, it is relatively simple); 4. If the coordination fails, you can go to the court to sue. The contents of the indictment:
1. Basic information such as name, age, gender, address, **, ID number and other basic information of the head of the upstairs house; 2. Evidence of flooding; 3. Appeal. How much damage do you ask upstairs to compensate you for. It is advisable to ask someone from a maintenance unit to come to your home to estimate the cost of repairs, take out a signed and stamped budget book, and submit it to the court as a basis.
4. Be prepared to pay the cost of the lawsuit to the court (the cost of the lawsuit will be borne by the losing party in the end). Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China must meet the following conditions for prosecution:
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. Dear, I hope mine is helpful to you, and I wish you a happy life!
The upstairs leaks to the downstairs, and the upstairs refuses to repair how to sue.
Hello, dear, I am asking the legal consultation substitute teacher, I am happy to answer for you! 1. Call the police. Have the police come to the scene to verify and record; 2. Protect the site and take pictures.
Filming the flooded scene as evidence; 3. Coordinate with the upstairs house with the help of ** (this way is recommended, it is relatively simple); 4. If the coordination fails, you can go to the court to sue. The contents of the indictment: 1. Basic information such as the name of the head of the upstairs household, age, gender, address, **, ID number, etc.; 2. Evidence of flooding; 3. Appeal.
How much damage do you ask upstairs to compensate you for. It is best to ask a person from a maintenance unit, Li Ranna, to come to his home to estimate the cost of repairs, take out a signed and sealed budget book, and submit it to the court as a basis. 4. Be prepared to pay the cost of prosecution to the court (the prosecution fee will be borne by the losing party after the most no-nonsense).
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China provides 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.
Dear, I hope mine is helpful to you, and I wish you a happy life!
How to fix it. Dear, you can sue the upstairs owner in court <>
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