What if there is a leak upstairs and no one lives and no property?

Legal analysis: If there is no property management company or any property management unit in your community, it is suggested to handle it in the following ways:

1. Find the tenants or owners of the original upstairs houses and ask them about the property rights of their existing houses. According to the relevant laws and regulations, the existing owner of the house has the responsibility to repair the problems existing in the house, so as to eliminate the influence on the neighboring households (including the neighboring households downstairs).

2. If you can't find the existing owner, you can report the situation to the neighborhood committee in your district, and ask the neighborhood committee to coordinate the handling.

3. If the neighborhood committee can't solve it, it can continue to report to the higher authorities, including the street housing management office, or the property management office, or the housing management office of the real estate administration, and ask for a coordinated solution.

4. When reporting problems to relevant departments, we should pay attention to writing clearly as far as possible, so as to leave evidence to prove the process of reporting and handling.

It should be noted that in the case of not finding the owner of the house, you must find the relevant departments to help you deal with it on the spot, and they also have the responsibility and obligation to help you deal with it. You can't find someone to enter the house for maintenance without authorization, otherwise it will easily deteriorate and infringe on the rights and interests of others.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 165 Where an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability.

If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.

Article 166 Where an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.

Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.