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Liu Dazhuang & Xie Dazhuang: Bathroom waterproof and leak-proof problem, who is at fault?

author:Liu Dazhuang & Xie Dazhuang
Liu Dazhuang & Xie Dazhuang: Bathroom waterproof and leak-proof problem, who is at fault?

Recently encountered a case, share it with you.

Where there are people, there are neighbors, and there are rivers and lakes. In 2018, Kang Kangjie, who lives on the 9th floor, purchased a small duplex that now lives, which is not large in size but warm. The good mood has not lasted for 1 month, and the bad thing has come.

The small duplex bedroom is facing the 10th floor bathroom, in fact, this is nothing, the eyes are not seen, but the bathroom waterproof and leak-proof is not done well, the problem is big. 2018-2020, for more than 2 years, the upstairs bath water seeped down, even if it is, the key is that this and urine thing is also ticking in your dreams, the smell is lingering for a long time, lingering, making Kang Kang sister unable to rest normally, exhausted. No, Kang Kang sister had to negotiate with the 10th floor neighbors, after the unremitting efforts of Kang Kang sister, the neighbors only proposed to be repaired by Kang Kang sister herself, the cost of the neighbors to bear, after the repair, the neighbors did not recognize the account! So what to do? Taking up the legal weapon in hand and going to court is the wisest choice. And finally? Of course, with sufficient evidence in hand, the courteous and courteous Sister Kang Kang won a great victory!

ay! Don't get too excited here. Just when Kang Kangjie was relieved, she received a lawsuit from a neighbor on the 10th floor, which stated that "because the defendant arbitrarily found a construction team to destroy the plaintiff's bathroom, the waterproof layer of the bathroom was damaged, causing a large area of water in the plaintiff's living room, aisle, and wall, and causing losses to the plaintiff's floor and wall, and requested the court to order the defendant to pay the plaintiff 5,000 yuan in compensation according to law." It's purely a rake here! The key thing is that through the experience of Liu Dazhuang & Xie Dazhuang, it was found that as early as Kang Kangjie, the 10th floor neighbor lived in the same loss situation and sued his tenant to the court, demanding that the tenant compensate 5,000 yuan. The court held that during the tenant's lease period, there was water leakage and water leakage in the house, and the 10th floor neighbor did not have evidence to prove that the current situation of the house was caused by the tenant's intentional damage, unreasonable use, etc., and rejected all the litigation claims of the 10th floor neighbor.

With regard to neighboring relations, the Civil Code stipulates that the owners and users of adjacent immovable property shall correctly handle neighboring relations in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, fairness and reasonableness. It reflects that both neighbors should use their houses reasonably and promote neighborhood harmony. The 10th floor neighbor not only violated this principle, but in order to avoid responsibility, the tenant and the 9th floor neighbor were sued twice in the same matter. In fact, as early as the emergence of the tenant and Kang Kangjie, the waterproof and leak-proof of his house bathroom itself has already had problems, and maintenance and compensation are the unavoidable responsibilities of the 10th floor neighbors.

Liu Dazhuang & Xie Dazhuang: Bathroom waterproof and leak-proof problem, who is at fault?

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