Does the basement flood the property and lose money?

Property should bear corresponding responsibilities. Although rainstorm is a natural disaster beyond human control and belongs to force majeure, its losses cannot be prevented in advance. Property management companies should timely repair some parts of the building, including residential roads and water supply and drainage facilities. If the property fails to perform its maintenance, conservation and management duties, it shall bear corresponding responsibilities for the occurrence of damage.

1. Should the basement flood the property?

Property should bear corresponding responsibilities. Although rainstorm is a natural disaster beyond human control and belongs to force majeure, its losses cannot be prevented in advance. Property management companies should timely repair some parts of the building, including residential roads and water supply and drainage facilities. If the property fails to perform its maintenance, conservation and management duties, it shall bear corresponding responsibilities for the occurrence of damage.

2. Should the property management company compensate for the theft of the owner's property?

1. If the property management of the community owner is special management, that is, the security fee agreed in the property management contract includes the property custody service, then if the property is lost, the owner may require the special management company to bear the corresponding compensation liability according to the custody obligation.

2. There is no agreement, but there is evidence to prove that the property management company is negligent in management, fails to fulfill its safety precautions or is not equipped with appropriate safety precautions, and is at fault for property losses. The property management company shall bear the liability for compensation commensurate with its fault. Of course, if the property management company has fulfilled its normal security obligations and is not at fault, the property management company may not be liable for compensation.

3. What compensation can the developer make for the leaking house?

If the house leaks and causes losses, the responsible party shall be responsible for compensation. The specific costs are as follows:

1, the repair cost needed to repair the water leakage.

2. Other property losses caused by water leakage. The amount of property losses can be determined by both parties through consultation. If negotiation fails, it may also entrust a third-party appraisal institution to conduct appraisal and determination.

The handling principles are: beneficial to production, convenient to life, solidarity and mutual assistance, fair and reasonable. On the basis of consultation between the two sides, we should respect history and habits and act according to law.

After finding out the cause of water leakage, divide the responsibilities. The cause of the accident cannot directly determine the responsible subject.

1. First, find out who is in charge of this pipeline.

2. Secondly, it is necessary to find out the cause of water leakage and distinguish the fault of the parties, so as to determine the main body of responsibility.

(1) If it is caused by human factors, if the actor is intentional or wrong in the process of the occurrence or expansion of the damage result, it constitutes infringement and shall bear the tort liability.

(2) Developer's responsibility: During the warranty period, the developer shall take full responsibility for water leakage caused by non-human reasons.

(3) Property liability: Water leakage is definitely not caused by the property. However, if the property is neglected in management, or problems are not handled in time, resulting in increased losses or more serious problems, then the property should bear the responsibility.

(4) Fair liability: For the house that has passed the warranty period, the parties are not at fault (or there is no evidence to prove that they are at fault). If the waterproof layer is naturally aged, the maintenance cost shall be shared by the parties according to the provisions of Mintong 132 and the realization situation, generally half for one person.

legal ground

Article 180 of the Civil Code of People's Republic of China (PRC)

Those who fail to perform their civil obligations due to force majeure shall not bear civil liability. Where there are other provisions in the law, those provisions shall prevail. Force majeure is an unforeseeable, unavoidable and insurmountable objective situation.