Should the upstairs owner be responsible for the leaking property?

If there is a water leakage accident upstairs, you can negotiate with the upstairs owner or coordinate with the property and neighborhood Committee to find out the cause of the water leakage and then discuss the solution. If after professional investigation, the water leakage is really caused by the upstairs owner, and the upstairs owner refuses to deal with it and compensate, the downstairs owner can safeguard his legitimate rights and interests through legal channels.

Legal objectivity:

civil law

Article 288

The neighboring right holders of real estate shall correctly handle the neighboring relationship in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness.

property management regulations

Article 55

If there are potential safety hazards in the property, which endanger the public interests and the legitimate rights and interests of others, the responsible person shall timely repair and maintain it, and the relevant owners shall cooperate.

If the responsible person fails to perform the maintenance obligation, it can be maintained by the property service enterprise with the consent of the owners' meeting, and the expenses shall be borne by the responsible person.