Who should bear the damage caused by the fire in the rental house?

Frequent fires in rental housesMany rental houses are in disrepair, the safety facilities are not perfect, the tenants do not operate properly when using the electrical facilities, and the tenants themselves are negligent in inspection and maintenance, which is more likely to cause fires than the houses that ordinary property owners live in. In the past two years, 60% of residential fires are caused by short circuits in electrical lines.

Case Summary] A tenant cooks rice**.

The landlord was found liable for renting the house to someone else, and the tenant's house caught fire while the tenant was renting, causing heavy losses to the tenant and his neighbors. Afterwards, the neighbor took the landlord to court on the grounds that "there are safety problems in the rental house".

After the final judgment of the courts of two instances, the landlord bears 20% of the fault liability. In this case, the fire was caused by the tenant cooking rice, but the landlord piled up a large number of flammable items such as cardboard boxes on the balcony, which accelerated the spread of the fire and burned the neighbor's property.

Legal Interpretation] There are a large number of housing rental phenomena, and rental housing fires also occur from time to time. When hearing such cases, the court shall determine liability based on the Fire Accident Determination Certificate issued by the fire department. Usually, if a fire occurs in a rental house due to the aging of electrical equipment, the landlord should be liable for compensation.

If the lease agreement states that the tenant will manage the electrical circuits and waterways, and that the tenant will be responsible for repairing the damage, the tenant may be required to compensate for the damage. The key is to look at how the housing lease contract signed by the landlord and the tenant is agreed, and judge the person responsible for compensation according to the contract.

It is worth reminding everyone that when renting or renting a house, the two parties should agree clearly on the matters involving the lease, as the tenant of the house, they should always pay attention to the situation of the house when using it, and when they find that there are potential safety hazards in the house components, they must communicate with the house lessor in time to avoid personal and property losses caused by safety accidents.

Financial disputes caused by fires often occur between landlords and tenants, and landlords can sign a strict rental contract to avoid similar disputes when renting out their properties.

When renting out the house, a standardized rental contract should be signed, and the contract should specify the lease time of the house, and indicate whether the delivery time of the house, fire protection facilities and decoration materials meet the safety standards, etc., so as to avoid the tenant shirking responsibility due to the aging of the house when the fire occurs. Lawyer Hu said that before signing the rental contract, both parties can jointly inspect the safety of the house, eliminate hidden dangers, and write it into the rental contract.

After the house is rented, the tenant quarantines the house without authorization, increasing the number of rooms and the number of users, etc., Mr. Hu also put forward his own suggestions. He said that in the rental contract, the landlord can specify the relevant agreement on the safety of the house, agree with the tenant on what actions can be terminated from the contract, and terminate the rental of the house in advance, such as clarifying the upper limit of the number of people who can use the house.

The fire loss of the rental house shall be borne by the person responsible. If the fire is caused by the aging of electrical equipment, the landlord shall be liable for damages; If the lease agreement stipulates that the tenant shall manage the electrical circuits and waterways, and the tenant shall be responsible for repairing the damage, the tenant may be required to bear the liability for damages.

1. How to compensate the landlord for early termination of the contract?

If the landlord terminates the contract of renting a land house in advance, it is a breach of contract and needs to bear the liability for breach of contract. In addition, if the landlord terminates the contract early and the tenant is not prepared, the landlord will also be liable for the losses caused to the tenant. First of all, the landlord's early termination of the rental contract is a breach of the contract and causes losses to the tenant, and should be compensated.

2. Is it illegal to rent a house mahjong?

Illegal. The lessor wants to sign a housing lease contract with the lessee to protect the legitimate interests of both parties, so is the tenant responsible for violating the law, and the landlord will answer it for you. If the landlord has fulfilled its reasonable obligations and there is no problem with the safety of the premises, then the landlord is not at fault for the occurrence of the tenant's safety accident and does not need to be liable for compensation.

In the following cases, the landlord shall bear the corresponding legal responsibility:

1. Failure to fulfill the obligation of safety guarantee. There are potential safety hazards in rented houses, such as: providing unqualified gas stoves and water heaters, transforming houses that do not have living conditions into bedrooms, no ventilation in the house, aging fire-fighting equipment, aging wiring, failure to replace and repair in time, etc.

2. Failure to fulfill the obligation to inform and remind. The lessor shall inform the lessee in advance of the use of facilities and equipment in the rental house and precautions to avoid accidents.

3. Failure to fulfill supervision and management obligations. The lessor shall regularly check the status of the house in the rental house, and if it is found that there are facilities and equipment that need to be repaired or replaced, it shall be repaired and replaced in a timely manner, and the existing improper installation and renovation shall be stopped immediately, and the responsible person shall be urged to make corrections.

3. Do tenants need to pay taxes?

Generally, no. Whether or not the landlord pays the property tax or not depends on the contract between the landlord and the tenant. If the contract between the landlord and the tenant does not stipulate the property tax, then the tenant does not need to bear the property tax, and if the contract signed between the landlord and the tenant clearly stipulates that the property tax shall be borne by the tenant, then the tenant will need to bear the property tax.

Article 710 of the Civil Code.

If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in the loss of the leased thing, it shall not be liable for compensation.

Article 711.

If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in losses to the leased thing, the lessor may terminate the contract and claim compensation for the loss.

Article 712.

The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.

Article 729.

If part or all of the leased property is damaged or lost due to reasons not attributable to the lessee, the lessee may request a reduction in rent or non-payment of rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the leased property, the lessee may terminate the contract.

This needs to determine who is liable based on the cause of the fire. After a fire breaks out, the fire department should first determine the cause of the fire and issue a fire protection opinion based on the facts and relevant regulations. If the fire was directly caused by He's illegal use of electrical appliances for cooking, rather than other reasons, then according to the provisions of Articles 61 and 217 of the Contract Law of China, He should bear the corresponding liability for compensation.

If the fire occurs due to the house wiring or other reasons of the house itself, then according to Article 218 of the Contract Law of the People's Republic of China, the homeowner shall be liable for the losses caused by the fire.

Legal analysis: In the event of a fire in a rental house, who will bear the fire loss. The key is to see who is at fault.

According to the magnitude of the fault, the proportion of the final responsibility is determined. The size of the liability varies from case to case, and if it can be proved that the fire was caused by the lessee's improper use, such as forgetting to turn off the fire quickly and carefully, the lessee should bear full responsibility.

Legal basis: Civil Code of the People's Republic of China

Article 710 Where the lessee uses the leased property in accordance with the agreed method or the nature of the leased item, resulting in the loss of the leased item, it shall not be liable for damages.

Article 714 The lessee shall properly keep the leased property, and if the leased property is damaged or lost due to improper storage, it shall be liable for damages.

The person responsible for the fire damage of the rental house shall be compensated. The landlord shall be liable for compensation for the fire caused by the aging of electrical equipment; If the lease agreement stipulates that the tenant shall manage the electrical circuits and waterways, and the tenant shall be responsible for repairing the damage, the tenant may be required to compensate for the loss. Article 710 of the Civil Code The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

Article 711 If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss. Article 712 The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties. Article 729 Where part or all of the leased property is damaged or lost due to reasons not attributable to the lessee, the lessee may request a reduction in rent or not to pay the rent; If the purpose of the contract cannot be achieved due to the partial or total damage or loss of the leased property, the lessee may terminate the contract.