Xiaoyue (not her real name) has just started working and rents a house on the seventh floor in a community in Jinniu District, where an external tap is installed on the balcony of the house, which was originally used for washing machines. On this day, Xiaoyue was still working in the company, and the cat at home "grabbed open" the faucet, which not only flooded the balcony at home, but also caused the neighbor's house on the fourth, fifth, and sixth floors downstairs to be flooded.
How can this be solved?
Some people say, go, lawsuit!
What's the fight? Is it the residents on the fourth, fifth, and sixth floors who go to the tenants and landlords together? After this wave of ruffles, the landlord will go to the tenant to talk?
In order to fight a lawsuit, do you still have to keep the scene, put it for a year and a half, entrust a lawyer, file a few lawsuits, do a few appraisals, fix the evidence, fix the losses, and then let the court adjudicate and enforce it according to law?
Are you panicking about this solution?
How not to panic, Xiaoyue has just worked, seeing such a big loss, thinking about the compensation and lawsuits that may be faced, I am afraid that the portable cat has played "hide and seek"! Fortunately, the landlord communicated with the neighbor in time to determine the house repair and compensation plan, and quickly found the decorator to repair the neighbor's house after shopping around, and completed the corresponding compensation, with a total expenditure of more than 16,000 yuan. Later, because the landlord could not find Satsuki, he had no choice but to file a lawsuit with the court.
After review, the court applies the small claims procedure to register and file the case, and notify both parties to go to the court for mediation. During the mediation process, both parties had no objection to the facts of the case and the amount of losses, but they did have objections to the return of the deposit and the liability for fault. On the one hand, the undertaking judge Pu Jun conducted an objective analysis of Xiao Yue's lack of experience in social encounters, poor economic conditions, and fear of taking responsibility, and on the other hand, he praised the landlord's practice of timely and reasonable handling of neighborhood compensation in order to prevent the expansion of losses, supplemented by clear legal interpretation, empathy, mutual understanding and mutual concession, and finally facilitated the two parties to reach a mediation agreement, and the property damage compensation dispute and the housing lease contract dispute were resolved together, and the tenant Xiaoyue paid the lessor 10,000 yuan in a lump sum.
What the judge said
The key factor in the proper resolution of this case is that in the mediation process, although the plaintiff did not appoint a lawyer to act as an agent and did not adduce sufficient evidence to prove its loss expenditure, the defendant was sympathetic and understanding of its efforts to reduce losses in the early stage of actively resolving the neighborhood compensation, so the defendant had no objection to the losses raised by the plaintiff. At the same time, the judge's clear interpretation of the law in the mediation process, the parties' respect for objective facts, the full expression of their own views, the release of their own emotions, and mutual understanding and mutual concession are also indispensable factors in dispute resolution.
At last
Let's work together
The parties in this case derogated from it in a timely manner
Rational rights protection
Praise for the attitude of resolving disputes with harmony as the precious!
Source: Chengdu Jinniu District People's Court
Late-night courier reporter on the cloud: Dong Wei
Editor: Wang Jingtao