How can the owners protect their rights when the house leaks and is flooded?

The quality problem of the house itself, or improper use upstairs or next door, leads to water leakage in your house. How to defend rights? Judge Li of the Third People's Court of Yuexiu Court said that according to such disputes tried by the court, in a nutshell, the way to safeguard rights depends on the following three situations:

1. The newly bought commercial house is leaking. If the quality of the house itself is poor and it is within the warranty scope and warranty period promised by the residential quality guarantee, the owner may ask the developer to bear the maintenance responsibility. At the same time, the maintenance of water leakage may need to enter the upper floor of the house for maintenance. According to Article 83 of General Principles of Civil Law of People's Republic of China (PRC) and General Principles of Civil Law of People's Republic of China (PRC), the upstairs owner shall provide necessary and appropriate convenience for the downstairs owner to repair the water leakage.

2. In case of water leakage caused by adjacent houses, the owner of the corresponding house upstairs or next door may be required to bear the tort liability of stopping the infringement, removing the obstruction and compensating for the losses. Generally speaking, you can choose to claim that the responsible person directly repairs the leaking part, or you can choose to repair the leaking part yourself and claim that the responsible person compensates for the loss. It should be noted that since civil litigation follows the principle of "who advocates, who gives evidence", the plaintiff of water leakage dispute bears the burden of proof for the existence of water leakage, the actual loss suffered by water leakage, the specific reasons of water leakage, so it is necessary to collect and save relevant evidence, otherwise it may bear the risk of losing the case due to insufficient evidence. The cause of water leakage can be determined by applying for professional appraisal when necessary.

The residents on the top floor of the building may have the problem of roof leakage. Because the roof of the whole building belongs to all owners and all parts, not some owners. According to Article 72 of the Property Law of People's Republic of China (PRC), "the owner shall enjoy rights and undertake obligations for the part other than the exclusive part of the building; It is not allowed to give up rights and fail to perform obligations. Therefore, the roof leakage can be repaired by using the maintenance fund of the property according to the regulations; If the maintenance fund is not paid into the building, it shall be jointly maintained by all owners.

Finally, Judge Li suggested that once the house is found to be "leaking", rights can be protected according to law; However, from the perspective of cost reduction and neighborhood harmony, all parties can actively negotiate and settle amicably to avoid litigation as much as possible.

(The above answers were published on 20 16- 12-28. Please refer to the actual purchase policy. )

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