The house has been leaking, what should I do if it is not well maintained?

Find out the situation before making a judgment.

For the problem of water leakage upstairs, first of all, we must determine the cause and responsible person of water leakage through the quality inspection department of the house, depending on whether the house you bought has attached decoration. If so, the commercial housing sales contract signed by you and the developer has a clear warranty period for each renovation. You can check it and then ask the developer to make up; If not, but the house itself, you can ask for property maintenance.

Only when the authoritative department detects that the loss is really caused by the developer's cutting corners or other reasons, can the owner have the certificate to solve it through legal channels and get reasonable compensation.

Second, it is the neighbor's responsibility if it is found that there is water leakage upstairs. In order to find out the situation, the damaged owner can ask the house quality inspection department to identify the cause of water leakage and how to maintain it.

Third, it depends on whether the house is under warranty, because the newly bought house has a waterproof warranty of 5 years and a pipeline warranty of 2 years. If the house leaks, that is to say, it is not man-made, and it is still within the warranty period, the developer will bear the corresponding responsibility. Of course, if you are a top-floor resident and the water leaks upstairs, it must be repaired by the developer or the property management company, and the expenses will be borne by them.

Second, the negotiation implementation method

After finding out the situation, if it is confirmed that the cause of the upstairs water leakage is really caused by the upstairs neighbors, the damaged owner can explain the situation to the upstairs neighbors according to his own situation, put forward the repair requirements and compensate for the damage caused to himself during the repair period.

If the upstairs neighbors don't cooperate or repair in time, the damaged owner can, according to Article 83 of the General Principles of Civil Law: "The neighboring parties of real estate should correctly handle the neighboring relations in terms of water interception, drainage, transportation, ventilation and lighting in the spirit of facilitating production, facilitating life, solidarity and mutual assistance, and fairness and reasonableness. If it causes obstacles or losses to the neighboring parties, it shall stop the infringement, remove the obstacles and compensate for the losses. " Submit the dispute to the court.

When the neighbors upstairs ignore the court's decision, the injured party may first ask the construction team to repair it, and the expenses incurred shall be in accordance with relevant laws and regulations, and then ask the neighbors upstairs to make compensation through the court. Moreover, if the neighbors upstairs do not take the initiative to compensate, the injured party may apply to the court for enforcement.

Third, how to repair the house during the warranty period?

Another possibility is that if there is water leakage in the building during the warranty period (in general, the waterproof warranty period of the building is 5 years and the pipeline warranty period is 2 years), as long as it is not man-made, the developer should bear the relevant responsibilities. When the developer ignores it, the damaged owner can complain to the local quality supervision department or directly sue the developer in court.

It is worth noting that if there is water leakage upstairs and the house is still under warranty, and it is convinced that it is not man-made damage, both the damaged owner and the upstairs neighbor owner should let the developer repair it in time. If developers are allowed to delay the warranty period, they will probably have to clean it up themselves. Moreover, the developer sent someone to repair it according to the requirements of the owner, but it still didn't work, or the maintenance was not in place. After repeating it twice, the owner can find someone to repair it at the developer's expense.

Four, other auxiliary methods to solve the problem upstairs

If you find a leak in your own upstairs, you can first find a residential property to let them give their opinions, or let them consult with their neighbors upstairs for maintenance. Community cadres and police can also help solve problems. And should do a good job in collecting evidence such as taking photos and leaving video messages, so as to facilitate prosecution in court. In addition, if it is a unit house, you can find a unit to coordinate and solve it.