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What if the heating leaks?
About the loss caused by water leakage.
What should I do if I find water leakage?
1. One is to protect the scene and fix the evidence. For example, taking photos and videos to obtain evidence.
2. To negotiate, you can first find the residential property or community, let them give their opinions, or let them go to the neighbors upstairs to negotiate maintenance.
3. If negotiation fails, please ask the price certification center and other qualified enterprises to conduct on-site appraisal. Wait until the relevant procedures are complete, and then bring a lawsuit to the court.
How to claim for the loss caused by water leakage?
1. Find the upstairs owner: If the upstairs owner really causes the downstairs residents to "receive water" because of decoration or laying water pipes, the upstairs residents should promptly find out the cause of water leakage and carry out maintenance, and should also be liable for the damage caused to the downstairs residents by their improper behavior.
Article 92 of the Property Law stipulates: "The owner of real estate uses adjacent real estate for water use, drainage, passage, laying pipelines, etc. We should try our best to avoid causing damage to neighboring real estate owners; If damage is caused, compensation shall be made. "
2. Find a developer: When the house is still under warranty and it is sure that it is not man-made damage, both the damaged owner and the upstairs neighbor owner should let the developer repair it in time. The developer sent someone to repair it according to the owner's requirements, but the water leakage problem has not been solved or the maintenance is not in place. After repeating it twice, the owner can find someone to repair it at the developer's expense. When the developer ignores it, the damaged owner can complain to the local quality supervision department or take the developer to court.
What if the upstairs leaks and refuses to pay compensation?
If the cause of water leakage is really upstairs, neighbors don't cooperate or don't repair it in time, the damaged owner can submit the dispute to the court according to the provisions of Article 83 of the General Principles of Civil Law. If the neighbor ignores the court's decision, the injured party can first ask the construction team to repair it, and the expenses incurred will be based on relevant laws and regulations, and then ask the neighbors upstairs to make compensation through the court.
Article 83 of the General Principles of Civil Law stipulates that the neighboring parties of real estate should correctly handle the neighboring relations in terms of water interception, drainage, transportation, ventilation and lighting in accordance with the spirit of facilitating production, life, solidarity and mutual assistance, and fairness and reasonableness. If it causes obstruction or loss to the neighboring party, it shall stop the infringement, remove the obstruction and compensate for the loss.
Is the property responsible for the leakage caused by the renovation of the upstairs residents?
Article 53 of China's "Property Management Regulations" stipulates that if the owner needs to decorate the house, he should inform the property service enterprise in advance. The realty service enterprise shall inform the owners of the prohibited acts and matters needing attention in the house decoration.
When the property company finds that there is any violation of relevant regulations in the decoration process, it shall notify the actor to stop and correct it immediately; If the actor refuses to stop or correct, it shall promptly report to the relevant administrative departments for handling according to law. When the owners encounter such problems, they should first report to the property management company. If the property management company fails to fulfill the above obligations, it should bear certain liability for compensation to the owners who have suffered losses. However, if the property company has fulfilled its obligations, it will not assume responsibility.
Does the owner of the rental house need to take responsibility for the water leakage that hurts the neighbors?
Article 83 of the General Principles of Civil Law clearly states that the neighboring parties of real estate should correctly handle the neighboring relations in terms of water interception, drainage, transportation, ventilation and lighting in accordance with the spirit of facilitating production, life, solidarity and mutual assistance, and fairness and reasonableness. If it causes obstruction or loss to the neighboring party, it shall stop the infringement, remove the obstruction and compensate for the loss. That is to say, if this case is an adjacent dispute, although the owner is not an infringer, as the owner of the real estate, he should still be liable for the losses caused by the leakage of his house to his neighbors, and the owner can also recover from the lessee after assuming the liability for compensation. For the loss caused by the neighbor's water leakage, both parties can negotiate as appropriate.
Article 85 of the Property Law stipulates that if there are provisions in laws and regulations on dealing with neighboring relations, those provisions shall prevail; Where there are no provisions in laws and regulations, local customs can be followed. At the same time, Article 219 of the Contract Law stipulates: "If the lessee fails to use the lease item in accordance with the agreed method or the nature of the lease item, thus causing losses to the lease item, the lessor may terminate the contract and demand compensation for the losses." That is to say, between the owners or users of real estate, any party has the right to ask other neighboring parties to provide convenience or accept certain restrictions in order to reasonably exercise its ownership or use right.
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