The law of water leakage upstairs

Legal analysis: the responsibility for water leakage upstairs should be borne by the upstairs residents. If the upstairs users infringe upon the legitimate rights and interests of the downstairs residents for personal reasons, they shall bear civil liability for the downstairs residents. In addition, if the property company fails to fulfill its supervision and management obligations and causes water leakage, it should also bear corresponding civil liability. The parties may require the upstairs residents or the property management company that has not fulfilled its obligations to bear civil legal liabilities such as compensation for losses, restitution and cessation of infringement.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 942 A realty service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the realty service area, maintain the basic order of the realty service area, and take reasonable measures to protect the personal and property safety of the owners.

Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.

Article 943 A realty service provider shall regularly disclose the owner's service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, and part of the operation and income in a reasonable way, and report to the owners' meeting and the owners' committee.

Article 944 The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.

The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.

Article 945 Where an owner decorates a house, he shall inform the property service provider in advance, obey the reasonable prompt of the property service provider, and cooperate with him to conduct necessary on-site inspection.

If the owner transfers, rents out the exclusive part of the property, establishes the right of residence or changes the use of part of the property, it shall promptly inform the property service provider of the relevant information.