The civil code is coming. Who are you looking for when there is a leak upstairs? Legal treatment of water leakage from upstairs to downstairs.

202 1 The latest issue of the Civil Code regulates the compensation for losses caused by water leakage upstairs and downstairs and the identification of responsible persons. Water leakage from upstairs affects downstairs, which is a common contradiction and dispute in the neighborhood. Some people even go to the above courts. Then how can we go through legal procedures if the water leaks upstairs and downstairs are not dealt with? How to claim for water leakage upstairs and downstairs? Here we will bring you a legal case of water leaking from upstairs to downstairs.

The civil code is coming. Who are you looking for when there is a leak upstairs?

1. Find the upstairs owner: If the upstairs owner really causes the downstairs residents to "receive water" because of decoration or laying water pipes, the upstairs residents should promptly find out the cause of water leakage and carry out maintenance, and should also be liable for the damage caused to the downstairs residents by their improper behavior.

Article 92 of the Property Law stipulates: "The owner of real estate uses adjacent real estate for water use, drainage, passage, laying pipelines, etc. We should try our best to avoid causing damage to neighboring real estate owners; If damage is caused, compensation shall be made. "

2. Find a developer: When the house is still under warranty and it is sure that it is not man-made damage, both the damaged owner and the upstairs neighbor owner should let the developer repair it in time. The developer sent someone to repair it according to the owner's requirements, but the water leakage problem has not been solved or the maintenance is not in place. After repeating it twice, the owner can find someone to repair it at the developer's expense. When the developer ignores it, the damaged owner can complain to the local quality supervision department or take the developer to court.

So the upstairs leakage may be caused by the upstairs residents or the developers, but whatever the reason, you should claim compensation from the upstairs residents first. If there is sufficient evidence to prove that it is the developer's fault, the developer will make compensation. There may also be cases where developers and upstairs residents shirk their responsibilities. You can negotiate with the upstairs residents according to the estimated loss amount. If negotiation fails, you should bring a lawsuit to both parties to determine the responsibility and make up for the losses suffered.

What should I do if I find water leakage?

1. One is to protect the scene and fix the evidence. For example, taking photos and videos to obtain evidence.

2. To negotiate, you can first find the residential property or community, let them give their opinions, or let them go to the neighbors upstairs to negotiate maintenance.

3. If negotiation fails, please ask the price certification center and other qualified enterprises to conduct on-site appraisal. Wait until the relevant procedures are complete, and then bring a lawsuit to the court.

Legal treatment of water leakage upstairs and downstairs

Case 1: The second floor leaked water, and the precious paintings and calligraphy on the first floor suffered heavy losses.

2065438+01At 7 o'clock on June 5, Wang xx, a man from Gulang County, found that there was water on the ground of the outdoor corridor and the internal calligraphy and painting storage room of xx painting on the first floor of the office building of the county power supply company, and the valuable calligraphy and painting in the store was damaged, so he called the Chengguan police station of xx County Public Security Bureau to inform the tenant Gao xx on the second floor.

After that, Wang xx sued xx County Power Supply Company and Gao xx to the court. On July 9, 20 12, xx court ruled that xx county power supply company compensated Wang xx for the loss of calligraphy and painting150 thousand yuan, and Gao xx compensated Wang xx for the loss of calligraphy and painting150 thousand yuan. Wang xx, Gao xx and xx county power supply companies refused to accept the judgment and appealed. After consulting the opinions of both parties, the xx Intermediate People's Court entrusted the Gansu Center of China Calligraphy and Painting Appraisal Management Center for appraisal, and determined that the total compensation was1184,000 yuan. 20121214 In February, the second instance of the Intermediate People's Court of xx City changed the judgment to compensate Gao xx for the loss of more than 497,000 yuan, and the power supply company of xx County compensated Wang xx for the loss of 2130,000 yuan, and Wang xx himself assumed the loss of more than 473,000 yuan.

On March 3, 2065438, the People's Procuratorate of Gansu Province filed a civil protest with the Provincial Higher People's Court. On February 5th of that year, at 65438, the two parties reached a voluntary agreement under the mediation of the Provincial High Court: Gao xx compensated Wang xx for the loss of flooded calligraphy and painting by 20 14 12 15, and the power supply company of xx county no longer made any compensation.

Case 2: The toilets of three households on the third floor leaked for more than a year.

201On May 7th, 2005, Mr. Zhang, the owner of Baofeng Garden, Jianxi East Road, Qilihe District, Lanzhou City, said that he bought a second-hand house on 20 13+0 1 years after the residential area was built. Shortly after he checked in, he found that the bathroom at home was leaking. He opened the ceiling of the bathroom and found that the top of a big wall was soaked in water, and the water drops fell drop by drop.

Mr. Zhang lived on the fifth floor, while the sixth floor was being renovated. He suspected that the upstairs bathroom was leaking, which caused his house to leak and the wall was moldy. However, when I found the residents upstairs, I found that there was water leakage in the bathroom on the sixth floor. Residents on the fourth floor also found Mr. Zhang to report that the roof of the bathroom on the fourth floor was also leaking. Mr. Zhang said that they looked for Li Shifu, who was in charge of water and electricity maintenance in the community, but the other party didn't come to repair it, explaining that he was away from home and couldn't come to repair it. He suggested looking for manager Xu, the property manager. However, Manager Xu's phone has been turned off.

The above is a legal case introduction about who to look for upstairs in civil law and who to look for upstairs and downstairs. If the water leaks from the upstairs to the downstairs, it is necessary to first determine whether it is caused by the upstairs owner or the developer, and then choose the person responsible for compensation. For owners who refuse to pay compensation, they can defend their rights through legal means. Please stay here for more life tips.