I had just arrived at the office to sit down for a cup of tea and a consulter. Reflecting that the house where he lived was caused a lot of damage by the leakage of the neighbor who opened a tea house upstairs, he failed to negotiate many times and was ready to sue, what should I do.
This kind of thing may be encountered in daily life, under normal circumstances, it can be solved through negotiation or mediation, and if you really encounter a neighbor who is quite unreasonable and does not enter the oil and salt, the best way is to resort to law, because the tort liability is very clear, as long as the evidence is not too weak, the probability of winning the lawsuit is very large, so that the neighbor not only has to compensate for the loss, but also bear the cost of litigation, which is the best lesson to him.
If the tort liability between neighbors is to be litigated, it involves the issue of the subject of the lawsuit, that is, who to sue in the end. In general, there are three subjects, the property, the landlord, and the tenant, and the responsibilities must be clearly distinguished. Possibility 1: If the landlord has defects in the renovation of the house, and the tenant causes damage to the neighbors in the process of living, then the landlord can be the defendant, and if the property fails to fulfill its management responsibilities and fails to stop the landlord's illegal decoration, the property should also be held liable. Possibility 2: If the house delivered by the landlord is not defective, and the tenant is at fault in the process of use, resulting in tortious consequences, then the tenant should be the defendant. Possibility three is that all three parties are at fault and can become co-defendants.
In the case of the consulter, the landlord is not at fault and the property has fulfilled its management responsibilities, and the tenant can sue the tenant if the tenant caused a water leak in the course of operation.