How to deal with house damage, compensation for house damage, and what is the responsibility for hou

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.

Analysis of the law of elimination and obscuration:

If the damaged house can be completely repaired, the compensation standard is based on the amount repaired. Article 1184 of the Civil Code of the People's Republic of China Where the property of others is infringed upon, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.

Legal basis: Civil Code of the People's Republic of China Article 1184 Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.

Legal analysis: If the damaged house can be completely repaired, the compensation standard is based on the amount of repair. Article 1184 of the Civil Code of the People's Republic of China Where the property of others is infringed upon, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.

Legal basis: Civil Code of the People's Republic of China Article 1184 Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.

With regard to the demolition of houses, the main compensation to be paid by the State is as follows:1Compensation for the value of the house that was expropriated.

2.Compensation for relocation and temporary resettlement caused by expropriation of houses. 3.

Compensation for the loss of production and suspension of production caused by the expropriation of the house. The people** will also give subsidies and incentives to the expropriated.

Article 80 of the Construction Law stipulates that if the building is damaged due to the unqualified quality of the construction project within the reasonable service life of the building, it has the right to claim compensation from the responsible party. The owner of the house can apply for compensation from the person responsible for quality in accordance with the above-mentioned regulations. If the negotiation with the responsible person fails, a claim lawsuit can be filed with the people's court where the project is located.

Legal analysis: The basis for compensation for house damage is: 1. If the immovable property or movable property is damaged, the right holder may request repair, rework, replacement or restoration to the original state; 2. If the property right is infringed and the right holder is damaged, the right holder may claim compensation for damages and may also request to bear other civil liabilities.

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

Article 237:Where damage to immovable or movable property is caused, the rights holder may request repair, rework, replacement, or restoration to its original state in accordance with law.

Article 238:Where property rights are infringed upon, causing harm to the rights holder, the rights holder may request compensation for damages in accordance with law, and may also request that other civil liabilities be borne in accordance with law.

What is the legal basis for home damages? 1. Legal basis for compensation for housing damage According to Article 237 of the Civil Code of the People's Republic of China (effective as of January 1, 2021) 6868, if the immovable or movable property is damaged, the right holder may request repair, rework, replacement or restoration in accordance with the law. Article 238:6868Where a property right is infringed upon, causing damage to the right holder, the right holder may claim compensation for damages in accordance with law, and may also request to bear other civil liabilities in accordance with law.

Article 239:6868The methods of protection of property rights provided for in this Chapter may be applied separately or in combination according to the circumstances of the infringement of rights. II. Characteristics of Real Estate Damage Compensation Valuation Compared with general value assessment, the differences between damage compensation valuation and valuation are mainly reflected in the following points: (1) Damage compensation assessment includes positive value assessment and negative value assessment.

2) The assessment of damages includes not only the assessment of negative value, but also the assessment of related economic losses. (3) The uniqueness of the assessment of damages is stronger, and it is difficult to find examples of compensation for similar damages. 3. Amount of compensation for real estate damage (1) The amount of compensation that can be repaired is the cost of repair plus related economic losses, i.e.:

Compensation amount = repair cost Related economic loss (2) The amount of compensation that cannot be repaired is the amount of impairment of real estate value, i.e.: Compensation amount = real estate value before damage - real estate value after damage (3) If the real estate value can be repaired to a certain extent, but the real estate value cannot be completely restored, the compensation amount is the sum of part of the repair cost, the amount of real estate value impairment, and related economic losses, i.e.: Compensation amount = part of the repair cost The amount of real estate value impairment Related economic losses (4) Irreparable losses are caused, The amount of compensation is the replacement cost.

5) The assessment of damage compensation requires higher professional knowledge such as construction, requires a lot of professional help, and requires the identification of the degree of damage. (6) Both parties to the injury are concerned about the valuation results, and the valuation is required to be more accurate and convincing. The above content is sorted out, and what is the basis for the above compensation for house damage?

According to the provisions of the Property Law, if there is a problem such as damage to real estate, the person who owns the house can claim compensation for the damage to the house, and the general amount of compensation is the sum of the repair cost of the damaged item and the related economic loss.

If the tenant fails to use it in accordance with the contract, causing damage to the property in the house, the market will compensate for the general loss. According to Article 711 of the Civil Code, 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. Article 10 of the Administrative Measures for the Leasing of Commercial Housing stipulates that the tenant shall reasonably use the premises in accordance with the lease purpose and use requirements agreed in the contract, and shall not alter the load-bearing structure of the house and dismantle the indoor facilities without authorization, and shall not damage the legitimate rights and interests of other owners and users.

If the tenant causes damage to the leased premises and facilities due to improper use or other reasons, the tenant shall be responsible for repairing or bearing the liability for compensation.

Article 16 of the Interim Provisions on Payment of Wages can be deducted from the wages of employees for compensation for damage to the company's finances, but there are specific scope requirements. If an employee causes losses to the employer due to his own reasons, under normal circumstances, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract signed with the employee, and if there is no provision in the contract, the employer may conduct a third-party assessment to determine the economic losses caused. Legal basis:

Article 275 of the Criminal Law [Crime of Intentional Destruction of Property] Whoever intentionally destroys public or private property, and the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the amount involved is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.