[Direct answer]In the Beijing area, the lessor has the obligation to maintain the property. If the landlord refuses to make repairs, the lessee may carry out the repairs themselves and have the lessor bear the costs. Article 712 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that the lessor shall fulfill the obligation to maintain the leased property, unless otherwise agreed by the parties; Article 713 stipulates that the lessee may request the lessor to make repairs within a reasonable period of time when the leased property needs maintenance. If the lessor fails to fulfill the obligation to repair, the lessee may carry out the repairs themselves, and the repair costs shall be borne by the lessor; if the repairs to the leased property affect the lessee's use, the rent shall be reduced accordingly or the lease term shall be extended. Therefore, if the water leakage in the house falls within the lessor's maintenance scope and the landlord refuses to make repairs, the lessee may carry out the repairs themselves and keep the receipts to claim the costs, or request a reduction or exemption of the rent. If the water leakage is caused by the lessee's improper use, the lessee shall be responsible for it.

1. Problem background and typical scenarios

Leaks in housing are the most common maintenance disputes in leasing. Typical scenarios include: roof or exterior wall leaks causing mold on interior walls and dampened furniture; aging and cracked water pipes causing damage to floors and appliances; failure of bathroom waterproofing layers leading to leaks to downstairs neighbors and disputes; landlords evading responsibility by citing high costs or claiming the items are not for their own use, and tenants encountering obstacles in seeking reimbursement after handling the repairs themselves. The focus of the disputes usually lies in how to divide maintenance responsibilities, who should bear the costs, and whether the tenant can use this as a basis to reduce the rent. When handling such disputes in Beijing, written notifications, repair receipts, and on-site photos are the core evidence, and relevant practices can be referenced for reference.Real estate transactions and construction projectsThe handling of the lease dispute.

II. Key points of contention

Focus One: Division of Repair Responsibilities: The natural aging of the building and facilities is the responsibility of the lessor, and the lessee shall bear the responsibility for the damage caused by improper use. Focus Two: Methods of Notification and Reminder: The lessee shall first request the landlord in writing to repair within a reasonable period of time, and keep the delivery records. Focus Three: Conditions and Scope of Self-Repair: If the landlord fails to repair within the time limit, the lessee may repair on his own, but should choose a reasonable solution and control the necessary expenses. Focus Four: Burden of Expenses and Evidence: The repair expenses shall be borne by the lessor, and the lessee shall provide invoices and lists. Focus Five: Claims for Rent Reduction or Extension: If the repair affects normal use, the lessee may request a corresponding reduction in rent or an extension of the lease term. Focus Six: Compensation for Property Damage: If furniture and appliances are damaged due to water leakage, the lessee may claim compensation for the actual losses. Focus Seven: Handling of Neighborhood Disputes: If the leakage affects the downstairs unit, the lessee shall cooperate in the investigation and clarify the ultimate responsible party.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers is that the key to resolving maintenance disputes lies in timely notification, reasonable repair, and complete evidence preservation. First, prompt written notification: Inform the landlord of the water leakage situation by text message, WeChat, or written letter, specifying the specific areas needing repair and the urgency of the situation. Second, set a reasonable time limit: Give the landlord a reasonable repair period. If the repair is not completed by the deadline, the tenant may arrange the repair themselves to avoid being questioned for unauthorized repairs. Third, choose a reasonable repair plan: Self-repair should be limited to what is necessary to restore the functionality of the property. Major upgrades or renovations should be avoided, as excessive costs may not be fully supported. Fourth, standardize evidence preservation: Keep quotations, repair invoices, payment receipts, and before-and-after comparison photos to form complete evidence of costs and causality. Fifth, claim rent reduction or extension: If the property cannot be used normally for part of the time due to repairs, the tenant may claim a corresponding reduction in rent or an extension of the lease period in accordance with Article 713 of the Civil Code. Sixth, claim compensation for property losses: For furniture, appliances, and decoration losses caused by water leakage, the tenant may claim compensation simultaneously, but must prove the causal connection between the losses and the water leakage. Seventh, respond to liability defenses: Landlords often evade responsibility by blaming the tenant's improper use. In such cases, professional inspections can help distinguish between the landlord's responsibility and the tenant's negligence. The above practices are widely applicable in lease disputes.

IV. Practical suggestions and legal basis

Action suggestions: First, immediately notify the landlord in writing of the water leakage and take photos and videos to document the current situation; Second, grant a reasonable repair period. If the repairs are not completed within the time limit, the tenant may conduct the repairs themselves; Third, select necessary repair options and request formal invoices and lists; Fourth, if the repairs affect the use of the property, claim a rent reduction or an extension of the lease term; Fifth, if the water leakage causes property damage, claim compensation and retain evidence. Legal basis: Articles 712, 713, and 714 of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding the landlord's repair obligations, the tenant's obligation to conduct repairs themselves and maintain the property properly, as well as Article 577 regarding general provisions on breach of contract liability. For disputes involving leases and property ownership, please refer to the relevant provisions.Real estate transactions and construction projectsFor cases involving compensation for personal and property damages, you can refer to the following guidelines.Personal injury and medical disputesThe specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the obligation to repair shall, in principle, be borne by the lessor, except for the damage caused by the lessee's improper use. Secondly, there should be records of notifications and reminders, as oral communication is difficult to prove that a reasonable period has been given. Thirdly, self-repair should be limited to the necessary scope and invoices should be requested, otherwise the expenses may not be supported. Fourthly, if the repair affects the use, the lessee may request a reduction in the rent or an extension of the lease term, which is often overlooked. Fifthly, the losses of furniture and appliances caused by water leakage can be claimed together, and attention should be paid to preserving the receipts of the damaged items. For claims involving compensation for losses, it can be pursued through legal channels.Creditor's rights and debts, and enforcementUnderstand the path.

VI. Frequently Asked Questions

Q1: Who should actually fix the leaking house?

In principle, the lessor shall be responsible for the maintenance, unless otherwise agreed in the contract. If the water leakage is caused by the natural aging or damage of the building or its facilities, it shall be within the lessor's responsibility for maintenance; if it is caused by the lessee's improper use, the lessee shall be responsible for the repair himself. If the water leakage is caused by the lessee's improper use, the lessee shall be responsible for the repair himself.

Q2: If the landlord refuses to repair it, can I repair it myself and then ask him to reimburse me for the cost?

Yes, but it must comply with the procedures. You should first request the landlord in writing to repair within a reasonable time limit. If the repair is not completed within the time limit, you can repair it yourself, and the cost will be borne by the lessor. The repair should be limited to the necessary scope to restore the function of use, and you should request a formal invoice. It is recommended to choose a formal repairer and keep the quotation list, so as to facilitate the verification of the reasonableness of the cost.

Q3: If I can't live normally during the repair period, can I get a rent reduction?

This can be claimed. According to Article 713 of the Civil Code, if the repair of the leased property affects the lessee's use of it, the rent should be reduced accordingly or the lease term should be extended. The lessee may negotiate with the landlord on this basis. If no agreement can be reached, the lessee may claim for a corresponding adjustment according to the contract. If no agreement can be reached, the lessee may claim for a corresponding adjustment according to the contract and evidence to avoid bearing the cost by himself for a long time.

Q4: The water leakage ruined my furniture. Can I claim compensation for it?

Yes. If the lessor fails to fulfill his/her obligation to maintain the property, causing water leakage and resulting in property losses such as furniture and appliances, the lessee may claim compensation for the actual losses, but he/she needs to provide a list of losses, purchase receipts, and photos of the damaged items to prove the causal relationship between the losses and the water leakage. If necessary, the lessee may inventory the damaged property and make a list to facilitate the calculation of the compensation amount.

Q5: The landlord said it was caused by my improper use. How can I distinguish between the two?

It can be distinguished through professional inspections and technical advice. The natural aging of the house itself, public pipes, and waterproof layers is usually the responsibility of the lessor. If the lessee's improper use or unauthorized modification results in leakage, the lessee shall bear the responsibility himself. If necessary, the lessee may apply for an appraisal to clarify the cause of the leakage. Appraisals or professional opinions can help clarify the cause and avoid the responsibility being repeatedly shirked between the two parties.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.