Property and water pipe disputes

The responsibility for damage caused by water leakage in upstairs houses should be determined according to the fault, that is, who has the obligation to repair the water pipes.

Whether the property has maintenance responsibility should be determined according to the property service agreement. If, as the property says, the warranty of water pipes is only five years, then the obligation of water pipe maintenance belongs to the upstairs landlord, that is, the upstairs landlord should be liable for compensation. Otherwise, the property shall be liable for compensation.

If the causes of water pipe leakage include unreasonable use by the lessee, the lessee shall bear joint liability with the lessor.

Extended data:

Legal basis for landlord to undertake maintenance obligation:

Contract law of the people's Republic of China

Article 220 Maintenance of Leased Property

The lessor shall perform the maintenance obligations of the lease item, unless otherwise agreed by the parties.

Article 221 The lessor shall perform the maintenance obligations.

When the lease item needs maintenance, the lessee may require the lessor to maintain it within a reasonable period of time. If the lessor fails to perform the maintenance obligation, the lessee can carry out the maintenance by himself, and the maintenance expenses shall be borne by the lessor. If the maintenance of the leased property affects the lessee's use, the rent shall be reduced or the lease term shall be extended accordingly.

Article 222 Custody of Leased Property

The lessee shall take good care of the lease item, and shall be liable for damages if the lease item is damaged or lost due to improper care.

Tort Liability Law of People's Republic of China (PRC)

Article 6 Where an actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

Article 8 Where two or more persons jointly infringe upon rights and cause damage to others, they shall be jointly and severally liable.

Article 11 The joint liability is the tort of several persons without intentional connection.

Where two or more persons commit torts separately, causing the same damage, and the torts of each person are enough to cause all damage, the actors shall be jointly and severally liable.

Baidu Encyclopedia-People's Republic of China (PRC) Tort Liability Law

Baidu Encyclopedia-People's Republic of China (PRC) Contract Law