How can I go through legal procedures if I don't deal with the water leakage upstairs?

The legal solution to the upstairs water leakage is to consult the property first, or directly ask the relevant appraisal agency to identify the cause of the water leakage in the house, so as to bring a lawsuit to the court as a basis in the future. The lawsuit requires the property or other responsible personnel to bear certain responsibilities.

Legal analysis

If the water leakage upstairs is not handled, you can find the property to coordinate, or ask the quality inspection department of the house to make an appraisal report on the causes of the water leakage and how to make up the leakage, and then you can bring a lawsuit to the court according to the report. Water leakage upstairs, causing losses to the parties: as long as the parties can prove that the losses are caused by the upstairs residents (fault liability), they can claim compensation from them; If both parties fail to reach an agreement on the amount of compensation through consultation, it shall be handled with reference to a civil dispute. Civil litigation refers to the court's activities to solve civil disputes through trial, judgment and execution with the participation of the parties and other litigation participants, and the sum of various litigation relationships arising from these activities. Mediation agreement is not legally binding, but it is effective in the sense of contract; Arbitration, like mediation, is based on the willingness of both parties. Arbitration can only begin if both parties to the dispute reach an arbitration agreement and agree to submit the dispute to arbitration. In our daily life, we often encounter the situation of water leakage upstairs. Whether it's the property or the upstairs residents, we can find a judicial appraisal agency to identify the cause of water leakage, and then make different treatments according to the appraisal results, such as suing the property or the owner.

legal ground

People's Republic of China (PRC) Civil Code

Article 288 The neighboring obligee of real estate shall correctly handle the neighboring relationship in accordance with the principles of facilitating production, facilitating life, solidarity and mutual assistance, and fairness and reasonableness.

Article 184 If the property of another person is infringed, the property loss shall be calculated according to the market price at the time of the loss or other reasonable methods.