Can you win the case if the top floor leaks and refuses to pay the property fee?

Whether the top floor leaks and refuses to pay the property fee can win the case mainly depends on the contract signed by both parties.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

property management regulations

Article 34 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.