[Direct answer]The tenant is liable for compensation. The upstairs tenant's improper modification of the water pipes caused leakage and seepage in the downstairs unit, which constitutes an infringement of the rights of the adjacent property owners and obligates them to bear the responsibility for repair and compensation. According to Article 288 of the Civil Code of the People's Republic of China (effective January 1, 2021), adjacent property owners shall handle neighborly relations in accordance with the principles of promoting production, facilitating daily life, fostering unity and mutual assistance, and ensuring fairness and reasonableness. Article 296 specifically stipulates that water use and drainage shall not interfere with the rights of adjacent property owners. Article 1165 establishes the liability for fault-based infringement. The scope of compensation includes repair costs, property losses such as walls and furniture, appraisal fees, and rental losses caused by the inability to inhabit the unit due to the seepage. The core of evidence collection lies in establishing the cause and effect relationship of the seepage. If necessary, a judicial appraisal may be requested. Actions to be taken: Collect evidence on-site immediately, engage in written negotiations, and file a lawsuit and request an appraisal if no agreement is reached through negotiations.

I. Problem Background and Typical Scenarios

When the upstairs unit renovates the water pipes, replaces the underfloor heating system, or installs a bathtub, the downstairs ceiling may leak water, the wall paint may peel off, and the floor may bulge during the rainy season or peak water consumption periods. The upstairs unit often deflects the blame by saying "it wasn't intentional" or "the pipes might have aged," while the property management company claims that it's not their responsibility to maintain the indoor pipes. Who should be held accountable, how much compensation should be paid, and how to prove liability are the three key questions in disputes over water leakage between neighboring units. Such conflicts are particularly common in older residential buildings in Beijing.

II. Key points of dispute

First, identifying the cause of the water leakage—whether it's due to alterations made by the upstairs tenant or the aging of public pipes. Second, determining the responsible party—whether it's the upstairs tenant, the user, or the property management company. Third, determining the scope and amount of the damages and whether an appraisal is needed. Fourth, addressing the burden of proof and preservation measures in the event of failed negotiations.

III. Professional analysis by Henglue Law Firm

The process of handling water leakage disputes follows three steps: "identifying the cause, determining the responsible party, and assessing the losses". **Step 1: Identifying the cause** The technical cause of the water leakage determines the allocation of liability. Possible causes include: - Piping issues in the upper floor's private area (owner's responsibility); - Damage to public drainage pipes (which may be shared by the property management or relevant owners); - Defects in exterior walls or waterproofing layers (subject to warranty periods and specific locations). Assessment methods include on-site inspections, waterproofing tests, and, if necessary, commissioning qualified institutions to determine the root cause of the leakage. **Step 2: Determining the responsible party** - Owners of the upper floor bear tort liability for their water use and drainage activities that cause harm; - If the property is rented out, the actual users and owners share liability based on the lease agreement and fault. Internally, the owner and user may seek recourse against each other; - If the property management fails to fulfill its maintenance obligations and this failure contributes to the leakage, the management should bear liability within the scope of its fault. **Step 3: Assessing the losses** - Eligible claims include: - Repair costs (determined by quotes from multiple sources or expert appraisals); - Damage to affected property; - Necessary testing and appraisal fees; - Reasonable rental losses due to inability to inhabit the property. - Claims should be supported by receipts and timelines to avoid unreasonable reductions in compensation. **Step 4: Evidence and procedures** - Take photos and videos of the water ingress on the day it occurs and notify the upper floor and property management. Request the property management to provide a record of the on-site situation; - Keep evidence of written notifications; - If the other party delays repairs, proceed with repairs independently and retain receipts. Claim repair costs in litigation; - In urgent situations where losses continue to escalate, apply for pre-litigation evidence preservation or repair first and claim later, but avoid damaging the scene before evidence collection. In cases handled by Beijing courts, the court tends to determine the cause of the leakage based on appraisal or professional inspections and then allocate liability according to fault.

IV. Practical suggestions and legal basis

The first step is to collect evidence in real time: photos and videos of the leakage points and damaged areas, property site records, communication chat records, and notification receipts. The second step is to negotiate with the upstairs tenant in writing, requiring them to repair the damage and provide compensation, with a clear deadline. The third step is to entrust a professional agency to determine the cause of the leakage and assess the losses. The fourth step is to initiate legal action if negotiations fail, and, if necessary, apply for evidence preservation and property preservation. Main legal basis: Articles 288, 296, and 1165 of the Civil Code of the People's Republic of China (effective January 1, 2021); Articles of the Property Management Regulation (promulgated in 2003 and amended in 2018) regarding the maintenance of public areas; specific applications shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Three key points for protecting rights against water leakage: First, determine the cause and then discuss liability; the appraisal conclusion carries the most weight; the upper floor is responsible for the exclusive parts of the building, while the property management may share responsibility for public areas; do not damage the scene prematurely; and ensure that bills and timelines are consistent. For cases involving adjacent water leakage and property damage, legal action can be taken through the appropriate channels.Real estate transactions and construction projectsThe service provides a comprehensive solution, which involves identifying and resolving disputes over engineering quality that can be combined together.Special servicesFor the plate, the recovery and enforcement of compensation can be referred to for reference.Creditor's rights and debts, and enforcementFor inquiries about the column, property contracts, and responsibility division, please feel free to consult us.Business and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: The person upstairs said it wasn't him who repaired the water pipe. Can I still ask him to compensate me?

The key lies in the conclusion of the cause determination. If the appraisal shows that the leakage originates from the pipes in the exclusive part of the upstairs or their usage behavior, you don't need to obsess over whether it was "intentional". As long as there is negligence or improper management, you can claim compensation. If the cause points to public risers or defects in building waterproofing, you should add the property management company or relevant owners to the lawsuit. If necessary, you should first coordinate with the property management company and the homeowners' committee.

Q2: What evidence do I need to prepare to prove water leakage?

The three most important types of evidence are: photos and videos of the leakage and damage sites; on-site condition records or repair orders issued by the property management; and appraisals or professional assessments of the causes of the leakage and the resulting losses. In addition, written notifications to the upstairs residents, repair and rental invoices, and purchase receipts for furniture and appliances can all help quantify the specific amount of the losses claimed.

Q3: How much does it cost to handle cases like this?

The main costs are appraisal fees, litigation fees, and attorney fees. For cases involving relatively small losses, it is advisable to first negotiate or use property mediation to avoid appraisal costs exceeding the amount of the dispute. For cases involving larger losses or disputed causes, although appraisal fees are high, they are often a crucial factor in determining the outcome of the case. Litigation fees are calculated based on the amount of the claim, and the losing party is generally responsible for paying the corresponding portion after the case is won.

Q4: How long does it usually take from filing a lawsuit to receiving compensation?

If no appraisal is required, the first-instance ordinary procedure generally takes three to six months; if judicial appraisal is needed, the appraisal period usually lasts several months, and the overall time will be extended accordingly. If the other party refuses to perform its obligations, it is necessary to apply for enforcement after the judgment takes effect, and the time of enforcement depends on the other party's financial situation. The earlier the evidence is fixed, the shorter the time of dispute and trial will be.

Q5: The water leakage is still ongoing. What should I do now?

Obtain evidence before taking loss-mitigation measures: Immediately take photos and videos and notify the upstairs neighbors and the property management company, and ask the property management company to arrive at the scene to record the situation; take necessary measures to prevent the losses from expanding further (such as temporarily blocking the leakage points or transferring valuables); negotiate with the upstairs neighbors in writing about the repair and compensation. If the other party refuses to cooperate, you can repair the damage yourself and keep the invoices, and later claim the repair costs and losses in the lawsuit.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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 publicly available 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 you encounter disputes, please consult a practicing lawyer in time.