How to compensate for the leakage upstairs and the loss downstairs

The compensation rules are as follows: if the upstairs leaks water, which leads to the property loss downstairs, the downstairs, as the infringed party, has the right to ask the upstairs to bear the compensation liability according to the actual loss. Water leakage upstairs violates the provisions of neighboring rights, and the problem of water leakage upstairs should be solved as soon as possible.

First, is the roof leaking owned by property management or borne by individuals?

When the roof leaks, it should actively reflect the problem to the residential property and return it to the property management. The property shall maintain and manage the relevant facilities of the house. The roof belongs to the public area of the community, which belongs to all owners and does not belong to the category of private responsibility.

Second, the roof leakage treatment is as follows:

1. If it is caused by the quality problem of the house itself, and within the warranty period, the developer can be required to carry out maintenance;

2. If the property fails to fulfill its maintenance and management obligations and causes water leakage, it may require property maintenance;

3. If the water leakage is caused by the owner's opinion, you can ask the relevant responsible owner to carry out maintenance.

Three, the roof leakage prosecution is as follows:

1, the water leakage damage caused by its own reasons is its own responsibility, and there is no object of prosecution;

2. The damage caused by the neighbor can bring a lawsuit against the neighbor;

3. If the developer has quality problems in the construction process, he can sue the developer and ask him to bear the liability for compensation.

To sum up, the roof of the top floor leaks, and the property needs to bear certain responsibilities, because this area belongs to the public, and the property should be responsible for finding someone to repair it. For the roof leakage during the warranty period, the property must contact the developer and ask the other party for maintenance compensation. When the warranty period expires, the property needs to be solved with the maintenance fund.

4. Is the house leaking sued by the tenant or the landlord?

Generally speaking, the landlord is sued for water leakage, and the tenant is sued for water leakage caused by the tenant. Because the landlord changed the building structure, the water pipe was aging, the pipe fittings were loose and not replaced in time, resulting in water leakage, and the landlord was liable for all losses; If the landlord refuses to repair and causes foreseeable losses to the tenant, the tenant can repair first, and the maintenance cost shall be borne by the landlord or the rent shall be reduced or exempted; If the lessee refuses to maintain, it shall bear secondary responsibility; If the lessee forgets to turn off the water pipe and causes water leakage, the lessee shall bear all the losses.

5. Who is generally responsible for water seepage on the external wall of air conditioner?

First, find the cause of water leakage in the property, and then who will bear the corresponding responsibility according to the cause: if it is determined that the public drainage pipe is leaking and the developer refuses to repair it during the warranty period, the owner can bring a lawsuit to the court to claim compensation for the loss. If it is clear that the upstairs water pipe is leaking, and the property still refuses to be repaired after mediation, the owner requires the property to provide the information of the upstairs owner and file a lawsuit with the court for compensation.

First, how to compensate for the roof leakage of the new house

Compensation for roof leakage of new house:

1. If the water leakage damage is caused by itself, it is its own responsibility;

2. If the damage caused by neighbors is compensated by neighbors;

3. If the developer has quality problems in the construction process, ask the developer for compensation.

Second, who is responsible for the leakage of the sewer pipe upstairs?

If the upstairs sewer pipe leaks due to upstairs decoration or other man-made reasons, the upstairs residents shall be responsible; If the leakage of the upstairs sewer pipe belongs to the quality problem of the house itself, the house developer shall be responsible for it.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 238 of the Civil Code of People's Republic of China (PRC)

Infringement of property rights, causing damage to the obligee, the obligee may claim compensation for the losses according to law, or may claim other civil liabilities according to law.

Article 296 of the Civil Code of People's Republic of China (PRC)

The property owner uses the adjacent property for water use, drainage, traffic, pipeline laying, etc. We should try our best to avoid causing damage to neighboring real estate owners.

Article 184th of the Civil Code of People's Republic of China (PRC)

If the property of others is infringed, the property loss shall be calculated according to the market price at the time of the loss or other reasonable means.