What is the process of loss caused by water leakage?

In urban life, many problems such as noise pollution, disputes over neighboring rights upstairs and downstairs are testing people's survival. Then, if water leakage upstairs leads to disaster downstairs, if it cannot be solved through agreement, how to go through legal procedures and how is the law stipulated? So, next, I will introduce you to the legal procedure of suing for water leakage upstairs, hoping to solve your corresponding problems.

First, suing for water leakage upstairs requires legal procedures.

The process is to write a complaint, prepare evidence, file a case with the court, and hold a court session. Generally speaking, evidence is the key to the success or failure of litigation, so what is the evidence?

1. Evidence of impact or loss caused by water leakage. It can be site photos, maintenance unit or property certificates, witness certificates, etc. For the amount of losses caused, if maintenance has been carried out, an invoice for the paid maintenance fee can be provided; If there is no alimony, you can also apply to the court, and the court will entrust an evaluation agency to evaluate the losses caused.

2. Prove that your influence or loss is caused by water leakage upstairs. The main purpose is to provide evidence of water leakage of the other party. If the other party denies that it is caused by water leakage, you can apply to the court for identification to determine whether the other party's water leakage has affected you or caused losses.

2. Is the property responsible for the water leakage caused by the renovation of the upstairs residents?

Article 52 of China's Property Management Regulations stipulates that if the owner needs to decorate the house, he should inform the property service enterprise in advance. The realty service enterprise shall inform the owners of the prohibited acts and matters needing attention in the house decoration.

When the property company finds that there is any violation of relevant regulations in the decoration process, it shall notify the actor to stop and correct it immediately; If the actor refuses to stop or correct, it shall promptly report to the relevant administrative departments for handling according to law. When the owners encounter such problems, they should first report to the property management company. If the property management company fails to fulfill the above obligations, it should bear certain liability for compensation to the owners who have suffered losses. However, if the property company has fulfilled its obligations, it will not assume responsibility.

3. Does the owner of the rental house need to take responsibility for the water leakage that hurts the neighbors?

Article 288 of the Civil Code, the neighboring obligee of real estate shall correctly handle the neighboring relationship according to the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. That is to say, if this case is an adjacent dispute, although the owner is not an infringer, as the owner of the real estate, he should still be liable for the losses caused by the leakage of his house to his neighbors, and the owner can also recover from the lessee after assuming the liability for compensation. For the loss caused by the neighbor's water leakage, both parties can negotiate as appropriate.

Article 289 of the Civil Code: Where there are provisions in laws and regulations on dealing with neighboring relations, if there are no provisions in laws and regulations, local customs can be followed. At the same time, Article 7 1 1 of the Civil Code stipulates that if the lessee fails to use the lease item in the agreed way or in the nature of the lease item, thus causing losses to the lease item, the lessor may terminate the contract and demand compensation for the losses. That is to say, between the owners or users of real estate, any party has the right to ask other neighboring parties to provide convenience or accept certain restrictions in order to reasonably exercise its ownership or use right.

To sum up, according to the provisions of relevant laws, the process is to write a complaint, prepare evidence, file a case with the court and open a court session. Therefore, if you sue, you must prepare the corresponding evidence materials to ensure that your rights are safeguarded by law. This content is for reference only. That's what I brought to you about suing for water leakage upstairs. If you don't know anything or have other questions, you can consult a lawyer.