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The water purifier upstairs leaked and flooded my house. _ What if he doesn't accept compensation?

1. My house was flooded by a leak upstairs. How to pay compensation? Never experienced it.

1. The damaged party of water leakage should first ask the house quality inspection department to make an appraisal report on the causes of water leakage and how to make up the leakage;

After identification, the reasons of the neighboring parties,

According to the report, neighboring parties can be required to repair immediately or in time, and they can be required to compensate for the damage caused during the repair period. If the neighboring parties do not cooperate, the injured party may submit the dispute to the court.

2. Its legal basis is Article 83 of the General Principles of Civil Law: 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 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.

3. If the neighboring party fails to perform the court's judgment, the injured party may ask the construction team to repair it downstairs, and the expenses incurred may be claimed by the upstairs owner to the court. If there is no compensation upstairs, you can apply to the court for enforcement.

4. Negotiate with the upstairs to see the specific loss, discuss with others, count the loss of flooded items at home, and see which ones can continue to be used and which ones need to be replaced, such as the floor. It is required to give some economic compensation and repair the leaking place to prevent it from happening again. Tell others sincerely, take the initiative, whoever has a flooded house will be in a bad mood. If the negotiations do not lead to prosecution. It is suggested to solve it through consultation.

5. Summarize the current price of damaged goods, and whether the house needs repainting after being flooded, whether the circuit is affected, and so on. You can also find a property to intervene in the negotiation.

The water upstairs flooded my house. Do I need to sign a compensation agreement with upstairs?

Article 83 of the General Principles of the Civil Law: Adjacent parties to real estate shall correctly handle the adjacent relations in terms of water interception, drainage, transportation, ventilation and lighting in 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. The damaged party of water leakage should first ask the quality inspection department of the house to make an appraisal report on the causes of water leakage and how to make up the leakage; If it is identified as the fault of the neighboring party, the neighboring party may be required to repair it immediately or in time according to the report, and may be required to compensate for the damage caused during the repair period.

If the neighboring parties do not cooperate, the injured party may submit the dispute to the court. If the neighboring party fails to perform the court's judgment, the injured party may ask the construction team to repair it downstairs, and the expenses incurred may be claimed by the upstairs owner to the court.

If there is no compensation upstairs, you can apply to the court for enforcement.

3. The water leakage upstairs flooded my house. How can I compensate for this problem?

1. The owner of the heating pipe should be responsible for the losses caused to your home by the rupture and seepage of the heating pipe upstairs. This is stipulated in Article 92 of the Property Law.

2. If the heating pipe is a public pipe and the maintenance responsibility lies with the property, then the loss shall be borne by the property. Because the upstairs residents don't cooperate, causing the loss to expand, the property can claim compensation from the upstairs residents.

3. If the heating pipe is added after the renovation of the upstairs residents, the responsibility for maintenance lies with the upstairs residents, and the neighbors are responsible for compensation.

In addition to the evidence of taking photos, you also have photos of the walls and floors of the wardrobe soaked in water, as well as the proof of the purchase price and decoration cost of these items to determine your losses in order to claim compensation.

The water pipe upstairs burst and flooded my house. Now I refuse to pay compensation. I can ask those people for compensation through the court.

First of all, it is necessary to determine which party is responsible for the water inflow, the property or the upstairs neighbor. If it is the responsibility of the neighbors upstairs, of course, the people upstairs should be liable for compensation. This property law has provisions. As neighbors, it is best to negotiate amicably. You can ask the neighborhood Committee to help you coordinate. If coordination is useless, you can only go to the judicial organs, but it is suggested that you must collect relevant evidence before going to the judicial organs. You can go to the property for repair first and ask them to help find out the cause of the problem, so if negotiation fails, you will have one more witness.

As for what should be compensated, it is only for the court to judge. As long as you feel you need compensation, you can ask for it. As you said, walls, furniture, mattresses, lamps, lost time during house repair, and ventilated formaldehyde rooms can all be used. I can live at home and ask for rent, and I want cleaning fees for dust generated during home decoration. But be as reasonable as possible. After all, the other party didn't mean it, and he didn't want to see this happen. As the saying goes, a distant relative is not as good as a close neighbor, and it is more important to live in peace. Litigation is the worst policy.

The tap water upstairs flooded my house without compensation. I went to the work unit upstairs and asked him to compensate for the loss, which was illegal.

It's still important to focus on harmony. Go upstairs to consult and solve the problem (although it doesn't help), but you've done your best anyway. And there are many such cases to prove that although you won the lawsuit 100%, you also paid your precious time and energy, as well as the feelings of your neighbors. The number of such cases will not be very large. If it is settled through negotiation, even if you suffer some losses, you will still smoke.

According to the relevant personnel of the neighborhood Committee, as long as there is more respect for neighbors, many disputes can be solved satisfactorily.

In fact, regarding disputes over neighboring rights, "at present, as long as disputes are complained to the neighborhood committees, the neighborhood committees should first make records and get a general understanding of the situation, and then send people to the scene to understand the situation, listen to the reflections of both parties on the disputes, and understand the real reasons of the disputes. Finally, we should mediate according to the causes of disputes and do a good job of persuasion from two aspects. When necessary, neighborhood committees should mobilize all forces to solve problems, such as the parties' work units and local police stations.

Of course, the most effective way to protect your own interests is to solve it through law. If it is confirmed that it is an upstairs problem, you should learn to protect yourself with legal weapons when there is no way to negotiate with your neighbors.

Defend your legal rights.

According to the General Principles of Civil Law of People's Republic of China (PRC)

Article 5:

"The legitimate rights and interests of citizens and legal persons are protected by law, and no organization or individual may infringe upon them.

Article 83,

Neighboring party of real estate

In accordance with the spirit of convenient production, convenient life, solidarity and mutual assistance, fairness and rationality, correctly handle the adjacent relations in water interception, drainage, transportation, ventilation and lighting. If it causes obstruction or loss to the neighboring party, it shall stop the infringement, remove the obstruction and compensate for the loss.

Article 1 17

Those who encroach on the property of the state, the collective or others shall return the property; If the property cannot be returned, it shall be compensated at a discount.

If the property of the state, the collective or others is damaged, it shall be restored to its original state or compensated at a discount.

If the victim suffers other heavy losses as a result, the infringer shall also compensate for the losses.

Article 134

The main ways to bear civil liability are:

(1) 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.

In trying civil cases, the people's courts may, in addition to applying the above provisions, admonish them, order them to make a statement of repentance, confiscate their illegal income and property, and may impose fines and detention according to law.

The civil indictment is written correctly in the following format:

Civil litigation appeal

Plaintiff: name, gender, age, address of national work unit, etc.

Defendant: "".

(If it is a company, it should be stated in turn: company name, address, legal representative name, position, etc. )

Claim: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Facts and reasons: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

I am here to convey

* * People's court

Plaintiff: * * *

* * Year * * Month * * Day

Attachment: 1, * copy of this indictment.

Attachment: 2. Types, copies and sources of evidence.

Recently, a lawsuit was filed on the issue of neighboring rights.

You can draft a civil indictment and submit it to the local court together with relevant evidence. According to the summary procedure, the court will correctly handle the neighboring relations of water interception, drainage, transportation, ventilation and lighting in accordance with Article 83 of the General Principles of the Civil Law within three months of filing the case. If it causes obstruction or loss to the neighboring party, it shall stop the infringement, remove the obstruction, compensate for the loss, and make mediation or judgment.

6. The roof of my house was flooded due to water leakage upstairs, and I refused to pay compensation. What should I do?

The damaged party of water leakage should first ask the quality inspection department of the house to make an appraisal report on the causes of water leakage and how to make up the leakage; If it is identified as the fault of the neighboring party, the neighboring party may be required to repair it immediately or in time according to the report, and may be required to compensate for the damage caused during the repair period.

If the neighboring parties do not cooperate, the injured party may submit the dispute to the court. Its legal basis is Article 83 of the General Principles of Civil Law: 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 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. If the neighboring party fails to perform the court's judgment, the injured party may ask the construction team to repair it downstairs, and the expenses incurred may be claimed by the upstairs owner to the court.

If there is no compensation upstairs, you can apply to the court for enforcement. Therefore, if the water leakage is not caused by the people downstairs, it is the responsibility of the upstairs, and the upstairs has the responsibility to repair it until the downstairs no longer leaks, and compensate the corresponding losses downstairs.

Some people just soften up when you go to court and can't do it anymore. Hehe, I didn't say to cut off the water pipe and install it. Isn't this era too cruel? Waterproof warranty for 5 years and pipeline for 2 years. During the warranty period, the developer is not responsible. If it is not handled, you can complain to the local quality supervision department. They specialize in this matter, and then you can't go to court, or you will be responsible for the delay of the warranty period! In addition, if the same place can't be repaired twice during the warranty period, you can find someone to repair it yourself, and the cost will be paid by the developer. If it is not handled by people upstairs as soon as possible during the warranty period, it will provide more information and better suggestions, and provide professional technical consultation on waterproof and leakage repair of concrete for free, so as to avoid the troubles of repairing today, leaking tomorrow, repairing year after year and leaking year after year.