What is the responsibility of the leaking property company upstairs?

The property management company shall be jointly and severally liable for the damage to the downstairs room caused by water leakage upstairs. But the property company should pay compensation first, and then recover from the upstairs owners.

According to the provisions of the Property Law and Tort Liability Law, the damage to the downstairs room caused by water leakage upstairs is an infringement, and the injured party has the right to demand the infringer (that is, the upstairs owner) to bear civil liability. At the same time, because the property company plays an important management responsibility in the community, the property company also needs to bear joint and several liability. Specifically, property management companies should carry out inspection and maintenance to ensure the normal operation of residential facilities and equipment and ensure the safety of residents. If the property company can't find and deal with the problems caused by water leakage upstairs in time, causing damage to the residents downstairs, then the property company should bear joint and several liability for dereliction of duty in protection. However, the property management company should pay compensation first to reduce the economic pressure of the injured party and recover from the upstairs owner. This point is also clearly stipulated in the Tort Liability Law, that is, the subject liable for compensation has the right to give priority to the infringer and then recover from the infringer.

If the property management company has inspection and maintenance records, but the water leakage cannot be handled in time due to the sudden accident of the upstairs owner (such as water pipe burst), does the property management company still need to bear the responsibility? If the inspection and maintenance records of the property management company prove that it has made reasonable efforts in management responsibility, but the water leakage cannot be handled in time due to the sudden accident of the upstairs owner (such as water pipe burst), then the responsibility of the property management company may be reduced. But it should be carefully analyzed according to the specific situation. If the property company has defects in maintenance and testing, or fails to take necessary emergency measures to reduce the damage, it still needs to bear certain joint liability.

The property management company shall perform the necessary inspection and maintenance duties in the management area to ensure the normal operation of the facilities and equipment in the area. If the upstairs room is damaged due to water leakage, the property management company should make compensation first and recover from the upstairs owner. However, if there are defects in the management of property companies, they still need to bear certain joint and several liabilities.

Legal basis:

"General Principles of Civil Law of People's Republic of China (PRC)" Article 296 * * * Real estate owners use adjacent real estate for water use, drainage, traffic and pipeline laying. We should try our best to avoid causing damage to neighboring real estate owners.