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If the equipment in the property is damaged during the tenant's rental, the landlord should be responsible for repairing it, or the tenant should be responsible for the contract signed at the time of renting.
In accordance with the "Measures for the Administration of Urban Housing Leasing".
Article 21 The lessor shall be responsible for repairing the natural damage of the rented residential building or the repair by the lessor as agreed in the contract. If the property is not repaired in a timely manner, resulting in a destructive accident in the house, resulting in property damage or personal injury to the tenant, the tenant shall be liable for compensation.
If the house is rented for production or business activities, the responsibility for repairs shall be agreed upon by both parties in the lease contract.
Article 22 The lessee must pay the rent on time, and if the contract is breached, it shall pay liquidated damages.
Article 23 The lessee shall take care of and reasonably use the rented premises and ancillary facilities, and shall not dismantle, expand or add without authorization, and if it is really necessary to change, the consent of the lessor must be obtained, and a written contract shall be signed.
If the house is damaged due to the fault of the tenant, the tenant shall be responsible for repairing or compensating.
Article 24 If the lessee has any of the following acts, the lessor has the right to terminate the contract and take back the house, and the lessee shall compensate for the losses caused thereby
1) Subletting the rented premises without authorization;
2) Transferring, lending, or exchanging the rented premises without authorization;
3) Demolishing or altering the structure or changing the use of the rented house without authorization;
4) Rent arrears for more than 6 months;
5) Residential buildings in arrears have been idle for more than 6 months without a legitimate reason;
6) Using rented housing to carry out illegal activities;
7) Intentionally damaging the rented premises;
8) Laws and regulations provide for other recoveries.
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The landlord should still ask you to repair or compensate, the first time is damaged, the second time is the quality of your things, so he will definitely do it and people have a point.
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Legal analysis: first look at how this aspect is written in the contract, and then follow the contract. If it is not written in the contract, it will be more troublesome, and the tenant will compensate for the damage, and the landlord will bear the damage if it can be determined to be due to aging.
If it is not certain whether it is man-made damage or aging damage, it needs to be resolved through negotiation between the two parties, and if the negotiation fails, a lawsuit can be filed, and if the responsibility cannot be defined, the result of the lawsuit is generally borne by each party.
Legal basis: Article 711 of the Civil Code of the People's Republic of China If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased object, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.
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Legal analysis: In the process of renting a house, who is responsible for the loss of the leased property should be dealt with according to the circumstances
First, if the cause of the damage is caused by the lessee's failure to use the thing in accordance with the agreement or according to the nature of the thing, the lessee shall compensate for the loss;
Second, if the damage to the thing is not caused by the fault of the lessee, the lessee is not liable for compensation. In principle, the lessor shall bear the maintenance obligation, and the lessee may request the lessor to carry out the maintenance within a reasonable period of time, and if the lessor does not carry out the maintenance, the lessee may repair it by itself, and the cost of the maintenance shall be borne by the lessor. However, it should be noted that if the lessee and the lessor have other agreements on the maintenance obligations of the leased property, such agreement shall be followed.
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.
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Legal analysis: During the lease period, if the tenant damages all the items owned by the lessor in the house, he can negotiate with the lessor to repair it by himself or compensate according to the price.
Legal basis: Article 714 of the Civil Code of the People's Republic of China 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.
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If the items are damaged during the lease period, the lessee shall not be liable if it is consumed during normal use, and the lessee shall be liable if the damage is caused by improper use by the lessee. Article 710 [Exemption Obligation of the Lessee to Use the Leased Property as Agreed] If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property, it shall not be liable for compensation.
Article 711 [Liability of the Lessee for Failing to Use the Leased Property as Agreed] If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased property, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.
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Deposit and compensation are two different things, the compensation of the sofa actually depends on the situation, not man-made intentional damage can be negotiated with repair, after all, the residence can not be without loss, can be repaired and continued to be used should be repaired, some things will be broken there, this can be well communicated with the landlord.
The deposit you can share with the other person you share the house, and there is also a way for you to help the landlord find someone who needs to rent, if it does not affect the landlord's income, you can also negotiate a refund, this is all to see what kind of person the landlord is.
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Compensation according to the price. If you breach the contract, the deposit will be confiscated directly, and the deposit will not be worth the compensation.
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You can compensate according to the price
Things to look out for when renting an apartment:
1. Regarding the cost of the house, at present, the owner bears the property fee and heating fee (north), and other daily life expenses such as water, electricity and gas are borne by the person;
2. At present, most of the payment forms of rent are taken as a deposit of one and three payments, but you can also negotiate with the landlord for other payment methods;
3. Check the status of the house when looking at the house, especially some problematic furniture and household appliances, which should be written in the contract in time;
4. At the same time, the reason for the house must be checked clearly to avoid overwriting;
5. Communicate well with the owner about the details such as the key;
6. For the treatment of the house under force majeure circumstances such as demolition;
7. The liability for breach of contract must be clearly written.
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I rented a house and encountered a thief, and the landlord did not need to pay compensation if there was no negligence. The landlord provides leasing services in accordance with the housing lease contract signed by the Shuangqing section, and cannot be held liable unless there is a clear agreement on the custody of the house and property in the housing lease agreement.
Article 1184 of the Civil Reputation Code provides that if the property of another person is infringed, the property loss shall be calculated according to the market or other reasonable methods at the time of the loss.
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