Forgot to close the hotel.

The property stopped water supply, the tenant forgot to turn off the tap, and the water came downstairs. Now the tenant and landlord have been sued downstairs. If there is no fault, the landlord will bear the responsibility. But the tenant bears the primary responsibility and the landlord bears the secondary responsibility.

Legal analysis

The downstairs of the rental house is full of water. How to divide the responsibilities of landlords and tenants needs to be analyzed in combination with the actual situation. If the tenant is not responsible, he can be exempted. If a building or other facilities, as well as the shelving and hanging objects on the building collapse or fall off or cause damage to others, the owner or manager shall bear civil liability, unless he can prove that he is not at fault. In the case encountered, the landlord is the owner of the house and should bear the responsibility for the damage caused by the poor waterproof performance of the facilities of the house and the failure to find it in time or report it to the property management department in time. If the owner has found the problem and reported it to the property management department, and the property has not been repaired or restored in time, the property shall bear the responsibility of the manager. As the direct user of the house, the tenant also has the responsibility to manage the house. However, because the tenant just moved in, it is impossible to know in advance whether there is a problem with the waterproof performance of the house. If water leaks into other people's homes because the tenant doesn't have relevant water, the tenant should bear the main responsibility for the losses caused. The owner's house belongs to the owner and bears joint liability.

legal ground

People's Republic of China (PRC) Civil Code

Article 714 The lessee shall take good care of the lease item, and shall be liable for compensation if the lease item is damaged or lost due to improper care.

Article 712 The lessor shall perform the maintenance obligations of the lease item, unless otherwise agreed by the parties.

Article 713 Where the lease item needs maintenance, the lessee may require the lessor to maintain it within a reasonable period of time. If the lessor fails to perform the maintenance obligation, the lessee can carry out the maintenance by himself, and the maintenance expenses shall be borne by the lessor. If the maintenance of the leased property affects the lessee's use, the rent shall be reduced or the lease term shall be extended accordingly. If the lease item needs maintenance due to the fault of the lessee, the lessor shall not undertake the maintenance obligation specified in the preceding paragraph.