Who should I find compensation for the villa garage?

The heart is full of joy to decorate its own villa garage. Unexpectedly, after the project is completed, there are many problems with leakage and water leakage. The owner has repeatedly reported to the decoration company, but the problem cannot be solved. How can this be good?

Zhou met

The trouble of leaking houses

Make the decoration company to the court

What the hell is going on?

recently

Jinnan Court's mediation and settlement together

Decoration contract dispute case

Let's take a look together

Introduction to the case

On September 6, 2019, the plaintiff Zhou signed a small construction project contract with the defendant's decoration company, which agreed that the defendant would provide the plaintiff with the villa garage reconstruction engineering service.

After the project was completed, the project had water leakage and water leakage problems. The two parties had failed to negotiate and repair. Therefore, the plaintiff Zhou presented to the court.

After the case is accepted

Because the identification of the two parties has a large difference in the reasons for leakage

It is also difficult to reach an agreement on the maintenance plan

The case once entered the appraisal procedure

Slow

In order to achieve the rapid resolution of the parties' disputes

Effectively protect the legitimate rights and interests of the people

Invoeling the judge to learn more about the relevant cases in detail

Actively build a platform for communication and coordination for both parties

Through rigorous interpretation, work

For both parties, they clarified the case of the case's interest

Detailed explanation of relevant laws and regulations

Clarified the responsibilities of all parties

Under the host of the host judge, the parties voluntarily reached a mediation agreement. The defendant's decoration company paid the plaintiff Zhou's maintenance of 5,000 yuan in court, successfully resolved the contradiction between the two sides, and truly achieved the case.

in daily life

We sometimes encounter

Because the residents upstairs decorate or lay a water pipe

As a result, the walls and roofs downstairs are soaked by water

Or cause water leakage due to the quality of the house

So find the resident theory upstairs

The resident upstairs said it was not his family's problem

So go to the property theory again

The property also said that it is useless to find them

So, how should the damaged party claim?

Let's follow the editor below to take a look

ask

Because there is a problem with the quality of commercial housing, can you find a developer responsible? Intersection

In the case of confirming the quality of commercial housing, if the leakage during the warranty period causes damage to the residential property, the developer shall bear the liability for civil compensation for breach of contract.

ask

How to defend their rights due to the leakage of the owner?

If water leakage is caused by reasons such as decoration or water pipes, the owner may be required to find the cause in time for maintenance and exclusion. If the loss causes the loss, the corresponding compensation liability shall be assumed. If the perpetrators cause damage to the civil rights and interests of others by fault, they shall bear the liability for infringement. It is preserved in accordance with the law that the perpetrator is fault. If the perpetrator cannot prove that he has no fault, he shall bear the liability of infringement.

If the infringement is endangered that the human body and property safety, the infringer has the right to request the infringer to bear the liability of infringement such as stopping infringement, eliminating obstacles, and eliminating danger. If the property is infringed, the property loss is calculated according to the market price or other reasonable methods at the time of loss.

ask

Is the owner responsible for rental houses caused by tenants due to tenants?

Although the owner is not a direct actor of the infringement, based on its ownership of the house, the losses should be responsible for the losses, and then they can recover to tenants who directly lead to water leakage.

ask

Can I find a property if the leakage of the common part is caused?

If the reason for the leakage is similar to the drainage pipeline of the building roof of the unit, and the drainage pipeline of the roof belongs to the common part of the house, according to Article 942, paragraph 1 of the "People's Republic of China": The nature of the use of the property is properly maintained, maintenance, cleaning, greening, and management of the owners in the real estate service areas, maintain the basic order in the property service area, and take reasonable measures to protect the owner's personal and property safety.

As a property service person, it is obliged to implement regular maintenance of the common parts and equipment in the community. The property company does not provide evidence to prove that it has fulfilled its corresponding responsibilities, causing the water pipes on the roof to be blocked by foreign bodies, causing poor drainage during heavy rain, causing the owner to cause the owner Losses, property management companies should bear the liability for compensation.

ask

Can I find a property if the exclusive part of the leakage is caused?

If it is due to the leakage caused by the neighborhood relationship between the upstairs and downstairs and the proprietary part of the owner, the property company is not the subject of the infringement liability or the main body of maintenance responsibility.

ask

Can the property not be solved, can I pay the property fee without paying it?

According to Article 944 of the People's Republic of China, the owner shall pay the property fee to the property service person in accordance with the agreement. If the property service person has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds of unacceptable or no need to accept related property services. Therefore, you cannot refuse to pay the property fee accordingly.

"People's Republic of China"

Article 288 The neighboring right holders of real estate shall properly handle adjacent relations in accordance with the principles of favorable production, convenience of life, unity, mutual assistance, and fairness.

Article 296 The non -motion property rights shall try to avoid damage to the adjacent non -active property rights as much as possible because of water, drainage, passing, and laying pipelines.

Article 942 Property service personnel shall properly maintain, maintain, clean, green, green, and operate management property services in accordance with the agreement and the nature of the property. Measures protect the owner's personal and property safety. For the violation of laws and security, environmental protection, fire protection and other laws and regulations in the property service area, the property service personnel shall take reasonable measures to stop, report to the relevant administrative department, and assist in handling.

Article 944 The owner shall pay the property fee to the property service person in accordance with the agreement. If the property service person has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds of unacceptable or no need to accept related property services.

If the owner violates the agreed non -payment of the property fee, the property service person can urge him to pay within the reasonable period; if the reasonable period is not paid, the property service person can file a lawsuit or apply for arbitration.

Property service people shall not use stopping power supply, water supply, heating, gas supply and other methods to urge property fees.

Article 1,677 The infringement behavior is endangered that the safety of others and property, and the infringer has the right to ask the infringer to bear the liability of infringement such as stopping infringement, eliminating obstacles, and eliminating danger.

Article 1,84 If the property of others infringes on the property of others, the loss of property is calculated according to the market price or other reasonable methods at the time of the loss.

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