Who is liable to pay if seepage is caused to 2nd floor tenant
31-Dec-2023 (In Property Law)
Hi All, I am living on 3rd flood in an aprtment in Delhi. My 2nd floor tatent has requested me to fix the seepage in kitchen. Please help with following questions: 1. It is not known that the problem occors because of our flat. 2. Kitchen is facing the society wall and could be drainage pipe leakaeg due to society. 3. The cost of repairs are too high. Who should pay the cost ? 4. The society plumber is not sure if seepage is because of us. Please help and suggest.
Firstly get a plumber and an architect to asess the problem that where it is persistent in your appartment or some other appartment or some other place in building then you can accordingly look for remedy if it is due to your flat then get it repaired if the owner of building needs to as per your agreement then you can seek specific performance as well or else you can seek damages and injunction from the civil court against owner of other floors.thanks
In your current situation you just need to be saying the facts you have stated above with an addition that you have consulted your lawyer and the responsibility does not occur due to you. Still, before stating that atleast consult so that the aftermath can be secured on your front as the cost of repair might be high but once if you do it, the tenant at second floor will take you for granted.
In absence of agreement responsibilities comes on the part of landlord to maintain the rented premises and in case there is agreement between landlord and tenant and responsibility to maintain the rented premises will be according to agreement
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