Who should be responsible for housing leasing and home appliance maintenance

The daily maintenance of housing rental can be simply divided into two types, one is the maintenance of the house itself; The other is the repair of items in the house. The former is also legally called the responsibility for repairing the house, which refers to the question of which party bears the responsibility for the repair of the natural damage or man-made damage to the house during the lease period. The lessor has the obligation to inspect and repair the house and its equipment in a timely and conscientious manner to ensure the safety of the house for living and use.

However, if the house is damaged due to the fault of the tenant, the tenant shall be responsible for repairing or compensating. When signing a lease contract, it is best to list the faults to facilitate the division of responsibilities. In the second case, according to the provisions of the Contract Law, the ancillary facilities in the leased house, including various household appliances, shall indicate the name, specification and model, purchase time, service life and other details in the housing lease contract, and at the same time, the maintenance responsibility for household appliances and other indoor facilities shall be clearly stipulated in the contract who shall bear it, and in the event of a failure, the contract shall be implemented in accordance with the contract.

If the two parties do not expressly agree on the responsibility for the maintenance of indoor facilities in the lease contract, the failure and damage of the indoor facilities of the leased house, including household appliances, caused by natural consumption or reasonable use, shall generally be repaired by the owner, but if the damage is caused by improper use or intentional behavior of the tenant, the tenant shall be responsible for maintenance or bear the liability for compensation.

Is there any agreement in the contract? If there is no agreement, the landlord is responsible. Because when I rented a house, I went to those who had appliances. Large household appliances, such as air conditioners, find the owner. If it is a small household appliance, you are responsible for it.

If the division of rights and responsibilities for the electrical appliances in the premises is not clearly listed in the lease contract, and the tenant does not intentionally cause damage to the electrical appliances, the repair costs shall be borne by the landlord. If the lessee uses the leased property in accordance with the agreed method or the nature of the leased thing, and causes the loss of the leased thing, it shall not be liable for damages. At the same time, the lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.

Therefore, if the electrical appliances are damaged during the lease of the house, the lessee shall be responsible for repairing the appliances if they are the lessee's own, and in the case of the lessor, the lessor shall be responsible for the repairs.

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

Article 710 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 713 The lessee may request the lessor to repair the leased property within a reasonable period of time when the leased property needs to be repaired. If the lessor fails to perform the maintenance obligation, the lessee may repair it by itself, and the maintenance cost shall be borne by the lessor. If the use of the leased property is affected by the maintenance of the leased property, the rent shall be reduced or the lease term shall be extended accordingly.

If the leased property needs to be repaired due to the fault of the lessee, the lessor shall not bear the maintenance obligation provided for in the preceding paragraph.

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

Legal analysis: who bears the responsibility for repairing the broken household appliances in the rental house, if the two parties have an agreement, it shall be in accordance with the agreement; If there is no agreement between the two parties, the lessee has the responsibility to apply the leased property reasonably and justly, and if the household appliances are damaged due to the lessee's unfortunate use during the lease period, the lessee shall repair them. However, if it is reasonably used by the lessee and is damaged due to the defect of the appliance itself, it shall be repaired by the lessor.

Laugh clearly. Legal basis: Article 712 of the Civil Code of the People's Republic of China.

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

Legal analysis: if the electrical appliances are broken during the rental period and there is an agreement in the contract, the maintenance responsibility shall be borne in accordance with the contract; If there is no agreement in the contract, the lessor shall bear the responsibility for maintenance; If the electrical appliance is damaged through the fault of the lessee, it will be repaired by the lessee.

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

Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

Article 6: Civil entities engaging in civil activities shall follow the principle of fairness, and reasonably determine the rights and obligations of all parties.

Article 7: Civil entities engaging in civil activities shall follow the principle of creditworthiness, uphold honesty, and abide by their commitments.

Article 8: Civil entities engaging in civil activities must not violate the law and must not violate public order and good customs.

1. During the lease period, if the electrical appliances are damaged because of the tenant, then the tenant needs to be responsible for repairing them.

2. When leasing the house, both parties can clearly agree in the lease contract that if the leased property is damaged or lost. If it is caused by the lessor's own fault, the lessor shall be liable. If the lessor fails to repair it in a timely manner, resulting in a destructive accident in the house, resulting in property damage or personal injury to the lessee, it shall be liable for compensation.

3. If it is caused by a third party, then the third party shall be responsible for compensating the lessor for the loss and liability.

4. If the two parties to the lease sign a housing lease contract, the responsible person shall be determined in accordance with the terms of the contract, and then bear the loss, or the two parties to the lease shall negotiate and settle the problem.

What are the precautions for tenants when using electrical appliances?

1. All kinds of electrical appliances have different uses and different use methods, and some are more complicated. Do not use dangerous electrical appliances alone. If someone is found to be electrocuted, the power supply should be cut off immediately, so that the electrocuted person can be removed from the power supply, and first aid should be given.

If you work at high altitude, you must pay attention to prevent falling from high altitude when rescuing.

2. If you find that the electrical appliance is smoking, sparking, or emitting a burnt odor during use, you should immediately turn off the power switch and stop using it.

3. Electric hair dryers, rice cookers, electric irons, electric lead heaters and other electrical appliances will emit high heat during use, so pay attention to keeping them away from paper, cotton cloth and other combustible items to prevent fire; At the same time, care should be taken to avoid burns when using.

4. Avoid using electrical appliances in a humid environment (such as bathroom), and do not make electrical appliances wet and damp, which will not only damage electrical appliances, but also cause electric shock.

5. The fan blades of the electric fan and the dehydration cylinder of the washing machine rotate at high speed when working, and cannot be touched by hand or other items to prevent injury.

6. When the power switch shell and wire insulation are damaged and incomplete or the live part is exposed, it should be repaired by an electrician immediately, otherwise it is not allowed to be used.