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Whether the landlord is held liable for an accident during the tenancy period depends on the specific situation. If the accident is caused by a problem with the house, the landlord must be held responsible, for example, if the rental property in the house does not meet the safety standards, the landlord will be held responsible. In addition, if the landlord knows that the tenant has engaged in criminal activities in the rental property, he will also be liable for the relevant legal liability.
Legal analysis
Matters that need to be paid attention to when signing a housing lease contract: 1. When signing the contract, the purpose of the house, the precautions for living, and the potential problems of the house should be indicated. 2. Agree on the division of responsibilities in the event of an accident that may occur.
3. In the maintenance matters, if there is no agreement, the lessor shall perform the maintenance obligation, and if otherwise agreed, the lessee has the right to require the lessor to have the maintenance obligation within a reasonable period of time. 4. The tenant should take care of the housing and various facilities, and shall not demolish, alter, expand or add without authorization; If changes are required, the lessor shall be consulted. In the case of renting a house, the landlord is not liable for the accidental injury caused by an individual or a third party, and the landlord needs to bear the corresponding responsibility if the tenant's accidental injury is caused by the problem of the house itself or the negligence of the landlord.
A housing lease contract refers to an agreement in which the lessor provides the house to the tenant for use, and the tenant pays the agreed rent on a regular basis, and returns the house to the lessor in good condition when the contract is terminated. The housing lease contract adheres to the general contract format, and the content of the contract should contain the personal information of both parties to the housing lease, the situation of the rented house, and the rights and obligations of both parties to the lease. That is, it mainly includes the address of the house, the number of rooms, the usable area, the furniture and electrical appliances of the house, the hierarchical layout, the decoration facilities, the amount of monthly rent, the date and method of rent payment, the rights and obligations of both parties to the lease, the lease agreement, etc.
Legal basis
Civil Code of the People's Republic of China
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 partial or total damage or loss of the leased property, the lessee may terminate the contract.
Article 703 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.
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The house is rented to someone else, and if a vicious incident occurs, such as a ** case, what responsibility should I bear depends on the situation. If you come through an intermediary through a legitimate channel, the tenant has an ID card, work permit, etc., and occasionally there is a problem.
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It should be analyzed from the perspective of causation, that is, whether the leased property you provide is defective and whether there is a causal relationship between the fall injury of the elderly person and the defect of the leased property.
The first is whether your roof is indeed leaking and whether it must be repaired, which is the premise of whether you are responsible or not. The second is whether the old man has ever asked you for repairs, and this question is the other party's evidence. The third is whether you said that you had stopped it at the time, and this depends on your evidence.
If the third point cannot be proved that the other party does not admit it, then the second point is more critical, if you can prove that the other party has made a request and you have not repaired it in time, then you have to bear a certain responsibility, but it is generally a secondary liability, and the specific proportion of responsibility is at the discretion of the court. If the other party does not ask for repairs but directly chooses to repair them yourself, I personally think you are not responsible.
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In the event of an accident in a rental property, there is a need for a specific situation with whether the landlord is responsible or not. During the lease period, if the accidental injury is caused by an individual or a third party, the landlord is not liable, and if the tenant's accidental injury is caused by the problem of the house itself or due to the landlord's negligence, the landlord needs to bear the corresponding responsibility.
If the tenant is injured in an accident during the tenancy period, the landlord will be liable for the following situations:
1. The landlord is equipped with housing equipment that is not in use or is damaged during normal use, resulting in injury to the tenant;
2. The tenant is injured due to other circumstances such as falling ceilings due to the aging of the house;
3. Failure to explain to the tenant for reasons such as housing design, resulting in electric shock, fire, gas poisoning and other accidents when the tenant uses electrical appliances or other equipment;
4. Injuries caused by exceeding the scope of use of the leased property as agreed in the contract. In general, if the injury is caused by personal reasons, the tenant or the party causing the injury is liable, and the tenant is liable for the accident caused by the problem of the house itself or the landlord's management of the property.
Legal basis: Civil Code
Article 1165.
Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
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It depends on what kind of accident happens, if there is an unsafe factor in the structure or facilities of the house and the accident is caused by the owner, the owner is responsible, for example, something falls from the beam, the door falls, and something on the wall is not firmly fixed and falls. If an accident unrelated to the safety of the house has nothing to do with the homeowner, for example, you have a conflict with your friend drinking heavily, or you yourself accidentally fell and other accidents that have nothing to do with the homeowner.
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It depends on what kind of accident it is, and if the cause of the accident has nothing to do with the house, the landlord is not responsible.
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In the event of an accident in a rental house, the female homeowner is also responsible, and the responsibility is small, but it is also related.
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If the tenant is injured in an accident during the lease period, the landlord shall be liable for the following circumstances: 1. The landlord is equipped with housing equipment that is not in use or is damaged during normal use, resulting in injury to the tenant; 2. The tenant is injured due to other circumstances such as falling ceilings due to the aging of the house; 3. The reason for the delay in housing design is not explained to the tenant, and when the tenant uses electrical appliances or other equipment, it leads to electric shock, fire, gas poisoning and other accidents.
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