Job Recruitment Website - Property management company - What if there is water leakage upstairs and downstairs?

What if there is water leakage upstairs and downstairs?

Legal analysis:

Analysis is the responsibility of the developer or the responsibility of the upstairs residents, demanding compensation. If you don't know whose responsibility it is, you can bring a lawsuit against both parties to determine the attribution of responsibility and compensate for the losses.

Because the upstairs residents changed the radiator and the heating pipe (buried the pipe underground), the heating pipe leaked and penetrated the downstairs, and the walls of the downstairs residents were damaged and the decoration was destroyed.

The upstairs water 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.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 288 The neighboring obligee of real estate shall correctly handle the neighboring relationship in accordance with the principles of facilitating production, facilitating life, solidarity and mutual assistance, and fairness and reasonableness.

Article 289 Where there are provisions in laws and regulations on the handling of adjacent relations, such provisions shall prevail; Where there are no provisions in laws and regulations, local customs can be followed.

Derivative problem:

Who is responsible for the leakage from upstairs to downstairs?

There are two reasons for water leakage, one is that the waterproof treatment is unqualified when the building is renovated upstairs, and the other is that the waterproof quality of the renovated house delivered by the developer is problematic.

When the rough house upstairs is decorated by itself, it should first inform the neighbors upstairs and ask them to deal with it as soon as possible through friendly negotiation. If the neighbors don't cooperate, they can contact the property management company, which will be responsible for communicating with the owners upstairs. If there is water leakage in the renovated house delivered by the developer, it should inform the upstairs and contact the property management company immediately, and the property will come forward to let the developer carry out maintenance according to the warranty agreement. If the warranty period exceeds, the property owner shall be ordered to repair it himself.