If the house leaks, who should I call: the neighbor upstairs? Developers? Or real estate?

I'm going to live in the home of several generations or the nest I finally bought is eroded by water stains. Does it hurt to breathe? At this time, should we find upstairs neighbors, residential properties or developers? What should you do if you go downstairs?

First, under what circumstances can we find the neighbors upstairs?

(a) due to upstairs residents decorate houses, pipeline renovation, improper water use and other reasons. , damage the ground waterproof facilities.

Legal relationship: Tort legal relationship.

Legal basis: Tort Liability Law

(2) Waterproof materials such as floors and water pipes of upstairs residents are used for a long time and naturally age, which exceeds the quality guarantee period, leading to water seepage and leakage in normal life. At this time, because neither party is at fault, there may be responsibility sharing based on the principle of fair responsibility.

Legal relationship: adjacent relationship.

Legal basis: Article 83 of the General Principles of Civil Law stipulates that neighboring parties of real estate should correctly handle the neighboring relations such as water interception, drainage, ventilation and lighting in the spirit of being conducive to production, convenient for all parties, solidarity and mutual assistance, and fairness and reasonableness. If it causes obstruction or loss to the adjacent parties, it shall stop the infringement, remove the obstruction and compensate for the losses.

Second, under what circumstances to find a developer?

Due to the quality problems of the house, such as water leakage during the waterproof warranty period or unreasonable design of the house itself.

Legal relationship: the legal relationship of commercial housing disputes.

Legal basis: Article 111 of the General Principles of the Civil Law stipulates that if one party fails to perform its contractual obligations or fails to meet the agreed conditions, the other party has the right to demand continued performance or take remedial measures, and has the right to demand compensation for losses.

Paragraph 1 of Article 40 of the Regulations on Quality Management of Building Engineering: The waterproof project of the roof and the leakage prevention of toilets, houses and external walls required by the waterproof workers shall be five years.

Third, under what circumstances can I find a property unit?

(a) due to the main structure of the house, public parts, public facilities and equipment damage and leakage need to be overhauled and public decoration engineering maintenance, you can apply to the property for housing maintenance fund to be maintained.

Legal relationship: administrative legal relationship.

Legal basis: Article 10 of the Measures for the Management of Maintenance Funds for Facilities and Equipment in Residential Areas (Jian Jian [1998] No.213), after the establishment of the owners' committee, with the consent of the owners' committee, the real estate administrative department will transfer the maintenance funds to the property management enterprise for escrow. In other words, the overhaul of basic property management requires more than two-thirds of the owners' consent, and an application must be made to the property.

(2) Because the property management entrustment contract stipulates that the property company has a certain obligation to repair the house.

Legal relationship: contractual legal relationship.

Legal basis: Article 60 of the Contract Law states that the parties shall fully perform their obligations as agreed. The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.