In recent years, with the development of the social economy and the gradual improvement of people's quality of life, the demand for housing standards has not only satisfied simple living functions, but also become a pursuit of many people to make their houses look more beautiful, use them better, and live more comfortable. The restructuring and adjustment of the housing structure has also become a choice for many people. However, the resulting conflicts and disputes between neighbors or property management have also increased. How to resolve disputes related to house decoration and renovation through legal and reasonable means? Recently, the Rule of Law Daily sorted out relevant cases handled by the People's Court of Yanta District, Xi'an City, Shaanxi Province, with the aim of guiding neighbors to mutual assistance and understanding through case interpretation, and to reasonably safeguard their rights in case of disputes. Both Wang and Zhao, who are residents of a residential area in Xi'an High tech Zone and neighbors downstairs, should be compensated for the loss of rent caused by the damage caused by upstairs decoration. In March 2021, Zhao, who lives upstairs, began renovating his house. During this period, Wang found two water leakage points in his own house downstairs, causing varying degrees of bulges and cracks in the ceiling and walls of his house. Wang believes that after the dispute occurs, Zhao should handle the problem before proceeding with the decoration. But after multiple communications, Zhao continued construction. In order to avoid further losses on both sides, Wang filed a lawsuit against Zhao in court. During the litigation process, Wang applied for an appraisal of the cause of damage to the house and maintenance costs. The appraisal opinion shows that the main reason for the damage to the living room and main bathroom ceiling of the house is that water from the upper part seeps into the roof of the involved room through various areas with potential leakage hazards, causing local cracks, bulges, and sinking of the ceiling due to water immersion. The court believes that Zhao used the act of spraying water on the walls and other parts of his home during the decoration process, which resulted in water leakage into Wang's house and causing losses, subjectively at fault. Therefore, he should compensate the plaintiff Wang for the losses. Wang's claim for housing restoration fees is supported by an appraisal opinion. According to the appraisal opinion, the damaged parts of the house involved in the case need to be dismantled and reinstalled. In this situation, Wang will inevitably be involved in rent losses caused by the inability to use the property involved during the demolition and reinstallation period. Due to Wang's failure to provide specific evidence of rent loss, it is determined that the defendant Zhao will compensate the plaintiff Wang for over 1000 yuan in rent loss based on the situation of water leakage and life experience. The judge reminded that due to the direct impact of compliance in the specific construction process on the "safety" of neighboring houses, homeowners must consider carefully when decorating their houses. In general, except for bathrooms and kitchens, all other rooms in residential areas are non wading areas. If waterproof measures are not taken on the ground, it is likely to cause leakage in the lower part. Therefore, every decoration section and node cannot be ignored, and construction and renovation must be carried out in accordance with relevant regulations. Remove the damage caused by water leakage in the heating system and restore it to its original state. Eliminate any obstruction. Mr. Zhang lives on the first floor, while Ms. Li lives on the second floor. In November 2019, Ms. Li failed to restore the removed radiator according to the operating specifications when decorating the house, which led to water ingress into the house during the heating water test in her community, and a large area of accumulated water affected Mr. Zhang, who lived downstairs
Edit：Ying Ying Responsible editor：Shen Chen
Source：legaldaily.com
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