Civil complaint of house leakage

Lead: The dispute over house water leakage is a civil dispute, and the other party can be sued. The following is a sample of the civil indictment for housing leakage that I collected for your reference.

Model civil complaint for house water leakage (1) Appellant (defendant of first instance): XXXX Technology Engineering Technology Co., Ltd., home community in the urban area.

Appellee (plaintiff of first instance): XXX, female, Han nationality,1born on October 3rd, 1975, owner of XXX beauty salon, living in Room 30/kloc-0, Unit 2, Building 7, Zone B, No.52 Xishan Road, XXXXX District.

Appellee (defendant of first instance): Yasen. XXX, male, Uygur, born on February 20th, 1965 1965, employee of XXXX development company in XX county, XXX district, and living in D-1-4-204, Shi Sheng Jiayuan Community, No.52 Xishan Road, XXX city.

Appeal request: The first to fifth judgments of XXXX People's Court (20 15)XX Minsanchuzi No.309 were revoked according to law, and the appellee XXX's claim against the appellant was rejected.

The case of the dispute over the neighboring relationship between the Appellant and the Appellee refused to accept the civil judgment No.309 (20 15) of XXXX District People's Court, and hereby appealed. The facts and reasons are as follows:

First, the facts of the first-instance judgment are unclear

The appellant rented the appellee Yasen. XXX's house is used as a warehouse. Usually only communication equipment and wires are stored, and no one lives there. 2065438+March 3, 2005, a water running accident occurred in the house, which was found to be caused by the collapse of the main valve of the water supply pipeline of the house, which was a quality problem of the water supply facilities of the house. The appellant has nothing to do with the tap water accident caused by these problems.

Second, the evidence of the first-instance judgment is insufficient.

In the first instance, without finding out the fact of water leakage, the appellant was determined to be liable for compensation only on the grounds of water leakage in the house, and there was no evidence as the basis for determining the reason. In the trial of first instance, the appellant submitted the evidence of Tian Yun Property Management Center in Xinjiang, and the appellee He Hua also submitted the evidence, which confirmed that the water leakage in the house was caused by the sudden collapse of the main valve of the water supply pipeline, and it was not caused by improper use and management at all. This accident is sudden, unpredictable and force majeure. The judgment of first instance made the appellant bear the liability for compensation, which was really unfair.

Third, the court of first instance has violated the law.

In order to prove that the water running accident was the fact that the main valve of the water supply pipeline in the house could not bear the collapse of water pressure, and as evidence that the appellant was not responsible, the appellant applied for the quality appraisal of the faulty main valve, but the court of first instance neither entrusted the appraisal nor explained the reasons, so it held a hearing. The court of first instance illegally deprived the appellant of the right to apply for appraisal, which led to the unfairness of the judgment. It is suggested that the court of second instance should correct it.

To sum up: the facts of the first-instance judgment are unclear, the evidence is insufficient, and there are illegal acts. We ask the court of second instance to cancel the judgment of first instance, make a new judgment and support the appellant's appeal.

Hereby!

XXXX Intermediate People's Court

Appellant: XXXX Technology Engineering Technology Co., Ltd.

Model civil complaint for house leakage (II) Original complaint: name, gender, nationality and occupation.

Address:

Telephone:

Authorized Agent: Name, gender, nationality and occupation.

Defendant: name, gender, nationality and occupation.

Address:

Telephone:

Cause of action:

Litigation request:

1. The defendant was ordered to repair the seepage point in the bathroom within a time limit to eliminate the obstruction to the plaintiff's life.

The defendant was sentenced to compensate the plaintiff for the replacement cost of the toilet gusset.

3. The defendant was ordered to bear the litigation costs of this case.

Facts and reasons:

The original defendant is adjacent. The plaintiff lives on the second floor and the defendant lives on the third floor. 2065438+05126 October, 15, the plaintiff found that there was dripping sound and water dripping on the toilet gusset. On October 27th, 65438/KLOC-0, the plaintiff contacted the property manager. After opening the pinch plate, it was found that the joint between the sewer pipe and the floor was leaking. After inspection, the property personnel thought it was a leak in the upstairs bathroom. After seeing the water leakage, the defendant said that the maintenance was inconvenient because it was the Lunar New Year, and the maintenance was carried out after the eighth day of the first month (2065438+February 2, 2005), and the plaintiff agreed. On February 2, 20 15, the plaintiff called the defendant to discuss the repair. The defendant claimed that it was not the fifteenth day of the lunar calendar at that time, and the maintenance could not be carried out until the fifteenth day (February 9, 20 15). In the spirit of striving to establish harmonious neighborhood relations and gently resolving neighborhood conflicts, the plaintiff agreed with the defendant's opinion of repairing after the fifteenth day of the first month. After the 15th day of the first month, on February 4th, 20 15, the plaintiff negotiated with the defendant for the third time, and the defendant refused to repair the bathroom, claiming that if the bathroom was repaired, all expenses would be borne by the plaintiff, but the negotiation between the plaintiff and the defendant failed. After that, please ask Xin 'er Property to mediate. The defendant first promised to repair, then delayed the maintenance time several times, and finally refused to repair on the grounds that there was no time for maintenance and the residence was affected. Repeated mediation of the property is invalid. Now, the water leakage is getting worse and worse. The bathroom wall brick near the master bedroom is flooded, and there are several seepage on the bathroom floor, and there are also seepage in the hanging cabinet. The above behavior of the defendant seriously affected the plaintiff's work and life and caused damage to the plaintiff's house. Article 83 of the General Principles of the Civil Law of People's Republic of China (PRC) and the Civil Law of People's Republic of China (PRC) clearly stipulate: "The neighboring parties of real estate should correctly handle the neighboring relations in terms of water interception, drainage, transportation, ventilation and lighting in the spirit of being conducive to production, facilitating life, solidarity and mutual assistance, and fairness and rationality. If it causes obstacles or losses to neighboring parties, it shall stop the infringement, remove the obstacles and compensate for the losses. " Therefore, the people's court is requested to ask the defendant to stop the infringement, remove the obstruction, compensate for the losses and bear the legal fees and appraisal fees of this case.

The evidential materials to prove the above facts are: 1. Housing certificate (water leakage certificate, mediation certificate) produced by the residential property. The plaintiff provided photos of the damaged area of the house.

I am here to convey

People's court of so-and-so

Shaping people:

date month year

Model essay on civil prosecution of house leakage (III) Plaintiff: Gender: Identity: (room number) Owner's address: Tel:

Defendant: (upstairs resident) Gender: Identity: (room number) Owner's address: Tel:

Defendant: (Property Company) Address:

legal representative

Defendant: (real estate developer)

Domicile:

Legal representative:

Litigation request:

1. Require the defendant to repair the water leakage in his property within a time limit, so as to eliminate the water leakage nuisance to the plaintiff's house;

2. Require the defendant to jointly and severally bear the losses of RMB * * * of the plaintiff;

3. Require the defendant to bear all expenses related to the lawsuit jointly and severally, totaling _ _ _ _ _ yuan.

Facts and reasons:

From January, 2065438 to June, 2006, the plaintiff's house began to leak water, which caused the plaintiff (the floor, wallpaper and ceiling of the restaurant fell off and the lighting of the restaurant was seriously damaged), as evidenced by the above photos.

Starting from 20 16 (), the plaintiff repeatedly contacted the defendant and the property for maintenance, and the property and the owner passed the buck. So far, the defendant failed to maintain it, and repeated coordination with the third floor owner and property was invalid. Due to the serious water leakage, we can't move in, which greatly affects our normal life. We hereby file a lawsuit with your hospital.

According to Articles 35, 36, 37 and 38 of People's Republic of China (PRC) Property Law and Articles 5, 83 and 134 of General Principles of Civil Law, the defendant is required to hire a qualified water leakage prevention company to completely eliminate the water leakage damage of the plaintiff's property before June 16, and compensate the plaintiff for all losses.

Relevant laws and regulations:

People's Republic of China (PRC) property right law

Article 35 Where the real right is damaged or may be damaged, the obligee may request that the obstruction or danger be removed.

Article 36 Where a realty or chattel is damaged, the obligee may request to repair, redo, replace or restore it to its original state.

Article 37 If the infringement of property rights causes damage to the obligee, the obligee may demand compensation for the loss or bear other civil liabilities.

Article 38 The methods of protecting property rights stipulated in this chapter may be applied separately or in combination according to the situation of infringement of rights.

general rules of civil law

Article 5 The lawful civil rights and interests of citizens and legal persons are protected by law, and no organization or individual may infringe upon them.

Eighty-third adjacent parties to real estate should correctly handle the adjacent relations such as water interception, drainage, transportation, ventilation and lighting in accordance with the spirit of convenient production, convenient life, solidarity and mutual assistance, 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.

Article 134 The main ways to bear civil liability are: (1) to stop the infringement;

(2) remove obstacles; (3) eliminating danger; (4) returning property; (5) restitution;

(six) repair, rework and replacement; (7) Compensation for losses; (8) Paying liquidated damages; (9) Eliminating the influence and restoring the reputation; (10) Apologize. The above ways of bearing civil liability can be applied separately or in combination.

The plaintiff applied to the property management office for mediation, but has been unable to obtain substantive results. The defendant and the property delayed indefinitely and brought a lawsuit to the court, asking the court to make a judgment according to law to satisfy the plaintiff's claim.

Hereby!

People's court (court of prosecution jurisdiction)

Prosecutor: