Is the attic occupied by the top floor tenant protected by litigation?

Legal analysis: the occupation of the attic by the top floor residents should be protected by litigation. The attic without property right registration should be regarded as the auxiliary space of the building. If the attic is designed for the exclusive use of the top-level owner, the physical structure and functional facilities are convenient for the top-level owner to use, and the usage habits are actually occupied by the top-level owner, it can be regarded as the auxiliary space of the top-level owner's residence and belongs to the exclusive use of the top-level owner; Should be protected by litigation, the attic that does not meet the above conditions can be regarded as the auxiliary space of the whole building and owned by all owners.

Legal basis: Article 286 of the Civil Law of People's Republic of China (PRC) stipulates that the owner shall abide by the laws, regulations and management regulations, and relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees. If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.