[Case Summary]This case involves a dispute over a property service contract. Since 2017, Liu Juan, the owner of a top-floor apartment in Fengtai District, Beijing, has been suffering from increasingly severe water leakage problems. The ceiling in her apartment has become moldy and peeling, and her furniture has cracked. Despite repeatedly reporting the issues to the property management company, the repairs have never been completed satisfactorily. Liu Juan has entrusted the Beijing Henglu Law Firm to handle the case on her behalf.Song ChaoThe lawyer filed a lawsuit and raised six claims. The court commissioned an appraisal to confirm the losses, adopted the lawyer's opinion, and ruled that A Property Company should compensate 14,740.8 yuan and repair the roof to prevent water leakage in accordance with Articles 942 and 593 of the Civil Code of the People's Republic of China. The appraisal fee of 44,000 yuan was borne by the property company. The core dispute is whether the property company fulfilled its obligation to maintain and repair the common areas and the amount of compensation. Applicable legal provisions: Articles 942 and 593 of the Civil Code.

I. Review of the case

The most headache thing for living on the top floor is "what to do if the property management refuses to repair the water leakage on the top floor", "how to sue in a property management contract dispute", and "how to appraise the damage caused by the water leakage". Liu Juan, the owner of Room 701 in Unit 5 of a building in Fengtai District, Beijing, signed a "Beijing City Property Service Contract" with Beijing A Property Management Company and paid the fees on time. Since 2017, the water leakage on the ceiling has gradually worsened, causing the ceiling to become damp, moldy, and peeling off, and the floor and bookshelves to crack. After investigation, it was found that the roof terrace had been piled with pots, cushions, and sundries for years, causing water accumulation. The east wall of the top floor had been illegally opened for doors and windows, and the south wall had been installed with glass windows, which exacerbated the water leakage. Liu Juan reported the problem for repair multiple times, but the property management responded but never repaired it properly, and the damage continued to expand.

Liu Juan entrusted the Beijing Henglu Law Firm to handle the case for her.Song ChaoThe lawyer filed a lawsuit against the property service contract, making six requests: to demolish the illegal doors and windows, clear away the clutter, restore the original state, compensate for the repair cost of the ceiling of 7,614.24 yuan, compensate for the loss caused by water leakage of 13,980 yuan, and bear the litigation and appraisal fees of 44,000 yuan. During the trial, the court commissioned an appraisal, which estimated the loss of furniture due to renovation at 13,980 yuan, and the cost of repairing the indoor ceiling at 7,614.24 yuan. Liu Juan paid the appraisal fee of 44,000 yuan.

II. The focus of the case

  • Focus 1: Whether the property management company failed to fulfill its obligations of repairing and maintaining the common areas.The rooftop terrace belongs to the common areas of the property, and the focus is on the property's negligence in management, which led to the causal relationship between water accumulation and water leakage.
  • Focus Two: How to determine the amount of the loss.The focus is on whether the appraisal report can be used as a basis for compensation and the specific amount involved.
  • Focus 3: Can the demands such as demolishing illegal buildings be supported?The focus is on whether the property management company lacks the authority to conduct forced demolitions, and whether the related demands exceed its scope of responsibility.

III. Professional intervention by Hengluo Law Firm

The plaintiff (the owner) claims that:Liu Juan claimed that the "Beijing City Property Service Contract" is legal and valid, and the property management company should perform its obligations according to the contract. She submitted photos to prove that the rooftop was littered with debris and the doors and windows were opened illegally. She also claimed that the property management company neglected its duties, which led to water accumulation, and that the leakage was the direct cause of the water damage. Moreover, the property management company failed to repair the leaks promptly after receiving multiple repair requests, allowing the damage to spread. Therefore, the property management company should compensate her according to the appraisal results and bear all related expenses.

The defendant's (property) position:A property company argued that the case in question was essentially a dispute over infringement of rights rather than a property contract dispute; the water leakage was caused by other owners' unlawful opening of doors and windows and piling up of items, and the actual infringers should bear the responsibility; the property company had fulfilled its obligation to give warnings and could not force the removal of the items; and the request for removal and clearing up exceeded its authority, making the judgment unenforceable.

Legal Opinion by Hengluo Law Firm:Song ChaoThe lawyer reviewed the facts, collected evidence, and clarified the litigation strategy: This case is a dispute over a property service contract, the core of which is to prove the property management's breach of contract, including its negligence in management and failure to fulfill its obligation of maintenance and repair, as well as the causal relationship with the losses; according to Article 942 of the Civil Code, the property management is responsible for the maintenance and repair of the common areas. If the public rooftop causes damage and the property management fails to fulfill its obligations, it should bear compensation; the photos fully prove that the debris and the unauthorized opening of windows caused water accumulation; the appraisal report is legal and valid and should be used as the basis for adjudication, and the litigation appraisal fees should be borne by the defaulting property management.

IV. Outcome of the case

The court held that the property service provider should properly maintain and repair the common areas. A Property, as the management unit, is responsible for the daily maintenance and repair of the rooftop. Its failure to fulfill its responsibilities led to water leakage in Room 701. Liu Juan's claim for repairing the leakage and seeking compensation is justified, and the court supports it; the loss is determined to be 14,740.8 yuan. As the illegal buildings and debris were not placed by the property management and the property management lacks the authority to forcibly remove them, the first to third claims are unfounded and not supported; the claim for repairing the rooftop to prevent water leakage is supported.

Verdict: Beijing A Property shall compensate Liu Juan 14,740.8 yuan within seven days; repair the roof of Room 701 to prevent water leakage within 15 days; and reject other claims. The case acceptance fee is 339.86 yuan, of which Liu Juan shall bear 107.86 yuan and A Property shall bear 232 yuan; and the appraisal fee of 44,000 yuan shall be borne by A Property.

5. Hengluo Law Firm's Reminder

The property management company should effectively fulfill its duties of inspecting and maintaining the common areas. This case is handled by Beijing Henglu Law Firm.Song ChaoAttorney (Practice License No.: 11101202310570030, subject to the document issued by the judicial administrative organ): On behalf of the client, we remind owners to keep repair records, photos and videos with time stamps, repair invoices, payment receipts, and service contracts in case of water leakage; if the repair fails after contacting the property management company outside the warranty period, they can file a lawsuit; if the cause of the water leakage is unknown, they can apply for a judicial appraisal; and if the roof leakage falls under the emergency repair scope of the Beijing Maintenance Fund, owners can apply to the district housing and urban-rural development committee for emergency repair if the property management company refuses to cooperate.

VI. Common Questions and Answers about Property Contract Disputes

  1. Q: If the property management company refuses to repair the water leakage on the top floor, can I sue them?
    A:Yes. The property management company has the obligation to maintain and repair the common areas, and if it fails to fulfill this obligation and causes damage, the owners can sue for compensation and request repairs. In this case, the claim was supported by the court.
  2. Q: How to determine the amount of water leakage losses?
    A:It is possible to apply to the court for a commissioned appraisal, and the assessment and research institutions will issue opinions on the losses and repair costs. In this case, the court awarded compensation of 14,740.8 yuan based on the appraisal results.
  3. Q: The property management company said that I should deal with the infringer, but I don't know what to do. What should I do in this situation?
    A:The dispute between the property management company and the third party should be resolved separately, which shall not affect its obligation to bear breach of contract liability to the owners. The court explicitly states that the property management company cannot use this as a reason to exempt itself from liability.
  4. Q: Can I refuse to pay the property management fee if the property management company doesn't carry out repairs?
    A:It's not recommended. The rational approach is to first demand that the repairs be carried out, and if that fails, then claim compensation. If you directly refuse to pay, the property management company may counter-sue you for breach of contract.
  5. Q: Can I apply for emergency repair funds for a leaking roof?
    A:Yes. Roof leaks are an emergency use situation stipulated by Beijing, so there's no need for the owners to vote on it. If the property management company refuses to cooperate, you can directly apply to the district housing and urban-rural development committee.