"My house is rented, and the neighbor's house downstairs was flooded because of the leakage of the heating test. Neighbors came to claim compensation. Is this money my compensation or the landlord compensation? " On the 20th, Mr. Zu, a citizen of Changchun, called to reflect what happened in his home in the early stage of heating.
The heating test found that the furniture of the downstairs residents had been soaked.
Mr. Zu told reporters that he lives in a residential area near Baiyi Commercial Building in Dongling South Street, Nanguan District, and the house was rented in August. When I went to bed the night before, a heating water inlet at home leaked, which caused a lot of water seepage downstairs and soaked the walls and furniture of my neighbor's house. "At that time, the time of water leakage happened to be in the middle of the night, and neither I nor the residents downstairs could find it in time." Mr. Zu said that after the neighbors found out the next day, they blocked the leaking place. Facing the claim of the neighbor downstairs, he immediately contacted the owner. But the owner said that since the house was rented to him, he should be responsible for it. Mr. zu doesn't think he should have taken the money.
Tenants and landlords stick to their own words and pass the buck to each other
"When we signed the house lease contract, it was not clear who should be responsible for this situation, but since I rented this house, I think as long as it is not my man-made damage, it should be borne by the landlord." Mr. Zu believes that the water leakage may be caused by the aging of the heating pipe at home, which has nothing to do with himself.
According to the contact information provided by Mr. Zu, the reporter contacted Mr. Zhao, the landlord of this house, on the 20th. Mr. Zhao said that because it was impossible to judge the cause of the water pipe leakage, and because the house was rented to Mr. Zu, he never came to inspect it, so it was not excluded that Mr. Zu was artificial. "At that time, when signing the contract, I also asked him to carefully check whether there was any problem with the facilities of the house. After that, I shouldn't be responsible for these problems. At that time, he also agreed, so he should bear the responsibility for the accident himself. " Mr. Zhao said.
The lawyer said that the house is mainly responsible for non-human reasons.
On this issue, the reporter consulted lawyer Rong Youdong of Jilin Liangzhi Law Firm. Lawyer Rong believes that the ownership of the house belongs to the owner and Mr. Zu only has the right to use it. In view of water leakage, it depends on the specific situation. If it is caused by non-human factors and Mr. Zu is unknown, the damage to the neighbor's house should be borne by the owner in principle.
"If this matter can't be settled in the end, the residents downstairs can go to court to sue, and the court will investigate, but if the landlord can't provide the corresponding evidence, the judgment should be the responsibility of the landlord." Lawyer Rong told reporters.
At the same time, Mr. Rong also reminded tenants and landlords that when signing the lease agreement, they should put some special circumstances that are easy to cause differences in the future on the agreement in the form of words to avoid disputes between the two sides when problems arise.
Who is responsible for the leakage of heating in rented house-Case 2
A few days ago, an annoying thing happened at Mr. Lu's home in Mentougou District. He and his wife went out to play with relatives for two days, only to find that there was a "flood" at home when they came back, and the walls, sofas, books, wooden floors and other objects were soaked. After careful inspection, Mr. Lu thinks that the "flood" at home may be caused by water leakage from upstairs residents. With this in mind, he found the renter upstairs and demanded compensation for his losses.
I learned this story from Mr. Lu Na. It turned out that there was dripping water at the heating pipe interface a few days ago. I told the landlord Li that I didn't want the dripping water at the heating pipe interface to turn into water leakage, so Li came to repair it. After that, Xiao Shao immediately found a maintenance worker to repair it and cleaned up the accumulated water on the floor where he lived. He didn't realize the problem of water leakage at that time. In the face of Mr. Lu's claim, it is less than that he is only the user of the house as the lessee, not the owner. If this happens under the normal use of the house, he should not bear the loss compensation of Mr. Lu.
So Mr. Lu found the landlord Li, and Li said, "Since my house has been rented out, such a thing happened during the lease period, which belongs to the problem of the lessee's use, and I should not bear the responsibility." Mr. Lu estimated that it would cost about 20 thousand yuan to restore the family to its original state, but now things have been delayed, which makes him very depressed. Later, a friend reminded Mr. Lu to call the hotline of the District Legal Aid Center to ask who should bear the loss and how to bear it.
Legal Aid Center answers: In this case, there is a lease contract relationship between the landlord Li and the renter Xiao, and Li enjoys the ownership of the house, which is less than the right to use it. According to Article 220 of the Contract Law, "the lessor shall perform the maintenance obligations of the leased property, unless otherwise agreed by the parties", that is to say, in the lease contract signed by Li and Xiao, if there is an agreement on the maintenance of the leased property, the lessor without an agreement shall perform the maintenance obligations of the leased property. Article 19 of the Regulations on the Administration of Urban Private Houses stipulates that the repair of rented houses is the responsibility of the lessor. The lessor shall carefully inspect and maintain the house and its equipment in time to ensure the safety of the house. "In this way, the lessor has the obligation to ensure the safety of the lessee in the normal use of the house and facilities. In view of the problem of heating leakage in this case, it depends on the specific situation. If it is caused by non-human reasons, the landlord shall be liable for the losses of Mr. Lu's family; If the water leakage is caused by human factors, it is less than responsible for compensation. For the property loss of Mr. Lu's family, it is suggested that Mr. Lu first preserve the notarized evidence at the scene of the loss, and the two sides negotiate the amount of compensation. In case of disputes, relevant asset appraisal institutions may be invited to conduct property appraisal.
Who is responsible for the leakage of heating in rented house-Case 3
Recently, Mr. Wang, a citizen of Changchun, encountered a trouble. Because the heating valve of the upstairs resident's house was not closed tightly, it leaked water and damaged his wall. When making a claim, both the owner and the renter think that the other party should pay compensation. The lawyer said that in this case, the homeowner should pay compensation.
Mr. Wang lives near the intersection of Qingming Street and Bei 'an Road. On the 25th, he returned home from other places. After entering the house, he found that the roof of the shed was dripping all the time, and a large wall of the roof was broken by blisters. This situation made him very angry. No one knocked at the door when he went upstairs to find a resident.
"When I went to his house to find it, I knocked on the door for a long time. At that time, there was no one at home, so I had to go home and clean up the house myself. " Mr. Wang said that after he got home, he had to find a towel to dry the water on the roof because it was still dripping.
That evening, Mr. Wang found another resident upstairs. After knocking at the door, the people in the room opened the door. He looked in and saw that the residents were cleaning up the accumulated water on the ground. Upon inquiry, I learned that Mr. Sun and his girlfriend who live in this house are not the owners, but rented here.
"I told him at the time that my roof was soaked because he was leaking. He said that the owner had to pay. " Mr. Wang said.
Subsequently, Mr. Sun contacted the owner by phone, and the owner quickly came to the scene.
"The owner said I lived in this house. I should pay for such a thing, but I think it is unreasonable. I have just moved in for a few months, and I wonder if the heating is turned off. If the faucet leaks, I will definitely pay for it, but this time the heating leaks, and I think the homeowner should pay for it. " Mr sun.
Subsequently, the reporter contacted the owner by phone. He said that the water leakage was really caused by the heating valve not being closed tightly, but he had never lived here, so Mr. Sun should pay for it.
In view of this matter, the reporter consulted Li Zhixin, a lawyer of Jilin Faxu Law Firm. He said that under normal circumstances, the leakage of the house has an impact on the residents downstairs, and the people who lived at that time should pay compensation. However, if the heating valve is not tight, the owner should compensate.
"The renter has just rented a house for a few months, and it is normal to know that the heating valve is not closed tightly, but the owner has the obligation to check whether his heating valve is closed tightly." Li Zhixin said that in this case, the homeowner should compensate the victims.
(The above answers were published on 20 15- 12-09. Please refer to the actual situation for the current purchase policy. )
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