Who to look for when the balcony is leaking?

1. The problem of water leakage on all upstairs balconies is a dispute over adjacent rights between the subjects of the adjacent relationship of the house, and the residents of the upper floors have the ownership of their own houses, and if their houses cause damage to the rights of the other party in the adjacent relationship, they shall take the initiative to bear the liability for damages. According to the provisions of the General Principles of the Civil Law on adjacent relationships, "the adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relations in terms of water interception, drainage, passage, ventilation, lighting, etc."

Where obstructions or losses are caused to adjacent parties, the infringement shall be stopped, the obstruction removed, and losses compensated."

In this case, the water leakage of the balcony of the upstairs resident affected the downstairs resident, causing a certain degree of damage to the downstairs resident, which has constituted a constitutive element of tort liability under civil law. Therefore, the downstairs residents can sue the court to claim the cessation of the infringement, the removal of the obstruction and compensation for losses, and the upstairs residents should try their best to avoid causing damage to the adjacent real estate owners, and if the damage is caused, they should take the initiative to compensate. The property management company is responsible for the maintenance and management of part of the house and its equipment shared by the owners in the community, and the balconies in this case belong to the owners.

If it is the responsibility of a third party, the upstairs resident can pursue the relevant liability of the third party after taking responsibility for it.