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Article 217 of the Contract Law The lessee shall use the leased property in accordance with the agreed method. Where there is no agreement on the method of use of the leased property or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, it shall be used in accordance with the nature of the leased item.
Article 218 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 219 If the lessee fails to use the leased property in accordance with the agreed method or 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 220 The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.
According to your account, both parties are responsible. The lessor has not fulfilled its obligation to make repairs and you have not used the leased property in accordance with its nature.
Hope to give you some reference!
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The owner of the property is the landlord, and you should be responsible for any damage caused during your use;
In this case, if you believe that there is an installation problem with the ceramic wash basin and the landlord should also be liable, you need to provide evidence to prove that you may need to identify and confirm whether the quality is up to the mark, not just on your unilateral statement or your own opinion.
It is recommended that you negotiate a solution.
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The homeowner is responsible, but not primarily responsible.
According to the principle of causation, your fault is the direct cause of the broken dish, so you are still primarily responsible.
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The owner of the house will pay the responsibility, cause and effect related, but small things, negotiation is best.
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Legal Analysis: Not Allowed. It is illegal for a landlord to enter the property without informing the tenant.
This is because, from the date of signing the lease contract, the right to use the house belongs to the tenant. As long as the tenant has not breached the contract during the contract period, the house belongs to the tenant's residence, and it is illegal for anyone to enter a citizen's house without the consent of the owner. If both parties indicate at the time of signing the contract that the landlord is free to enter the tenant to steal water, electricity, repairs, etc., it is not a violation of the Paitan Township Law.
He is involved in the offence of trespassing into a dwelling, which refers to the act of entering a citizen's home against the will of a member of the dwelling or without a legal basis, or refusing to do so after entering a citizen's dwelling after being asked to do so. This crime is an act, and as long as the perpetrator illegally and forcibly breaks into another person's house without the consent of the owner of the house, or refuses to do so without reason after being asked to do so, in principle, this crime is constituted and a case shall be filed and investigated. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention.
Legal basis: Civil Code of the People's Republic of China Article 366 The person with the right of residence has the right to occupy and use the usufruct of another person's residence in accordance with the contract, so as to meet the needs of life and residence.
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Hello, the above questions will be answered by me for you. What should you ask the landlord when renting a house 1. When renting a house, you should ask whether the landlord and the landlord are the same person, and you can check whether the real estate certificate and ID card provided by the landlord are consistent with the landlord's, and whether the address is also consistent. If the landlord is not the landlord, then be sure to ask the landlord to provide a power of attorney signed by the landlord, preferably with a copy of the landlord's ID.
2. When renting a house, you should ask about the rent and how it is collected, whether it is monthly rent or annual rent? How is the rent paid? If it is a cash payment, then the landlord needs to write a receipt to the renter.
If you are transferring money, be sure to include the receiving card number on the rental contract. 3. When renting a house, you should ask clearly who is responsible for the maintenance and the way to compensate for the damage to the items, among which you must consult clearly which ones are repaired by the landlord and which ones are repaired by the renter, so as to prevent losses in the later stage. In addition, it is necessary to ask questions about the duration of the contract and the liability for breach of contract, if the renter wants to move out before the expiration of the lease term, then the rental period has not expired and should be compensated.
It is best to make these issues clear in the contract as well. 4. If the leased house has a residential property, then you should also ask about the payment of water, electricity, gas, etc., and the formal property handover process must be handled between the two parties, and there should be a settlement certificate or payment certificate for water, electricity, gas, etc. 5. When renting a house, you should ask about the deposit, and the two parties should negotiate how many working days after the expiration of the rental period, and the landlord should return the deposit if the house and its facilities are not damaged.
And this must be clearly stated in the rental contract. 6. When renting a house, you can't just consider the rent, but also consider whether the transportation is convenient, so when renting a house, you should ask about the distance between the place where the house is located and your work, and what bus stops, taxi stops, subway stations, etc. are near the house. Hope it helps!
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Hello! China's Contract Law has the following provisions on the term of housing lease:
Article 236 If the lessee continues to use the leased property upon the expiration of the lease period and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease term shall be indefinite.
Article 232: Where the parties have not agreed on the term of the lease or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, it shall be deemed to be an indefinite lease. The parties may terminate the contract at any time, provided that the lessor shall notify the lessee of the termination of the contract within a reasonable period of time.
As for the lease contract you said was signed for half a year, and the contract expired after half a year, you did not renew the contract, and the lease lasted for another two years, and the landlord had no objection in these two years. Thus your term is indefinite. Then any of you has the right to terminate the contract at any time.
However, the landlord has an obligation to notify you within a reasonable period of time. According to what you said, the landlord has repeatedly asked you to move out, which is reasonable. He has this right in law.
If you don't have the possibility of renewing your contract, it is recommended that you move out.
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The first thing the tenant should ask is:
The identity of the landlord, and whether the person who signed the contract with you is the landlord himself, or an agent and a secondary landlord?
To confirm the property**, it is possible to check the original title deed and keep a copy of the title deed and the owner's ID card (it can be indicated that it is for rental only).
Who is responsible for the property fee? Is it the landlord's responsibility, or is it shared equally among households? Data from water, electricity and gas meters.
The original items provided by the house, whether there are washing machines, water heaters and other household appliances provided.
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After reading this, you will understand.
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How much is the rent, annual rent or half a year rent, what equipment are there, who pays the heating and water bills of the property, and can I cook? Is it your own house? Where is the place? How much is the deposit?
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1.Have pets. Some tenants will keep pets in their homes without the landlord's consent, and this can cause damage and hygiene issues.
2.Tenants carry out extensive renovations within the premises. Some tenants may carry out extensive renovations without the consent of the landlord, which is not only a violation of the tenancy contract, but may also have an impact on the structure and safety of the property.
3.Failure to pay rent for a long time. Some tenants may deliberately default on their rent or even fail to pay rent for a long time, which causes financial burden and mental stress on the landlord.
4.Tenants have a party inside the house. Some tenants may throw parties in the house, causing noise and trouble, causing inconvenience to the surrounding neighbors and landlords.
5.Illegal operation. Some tenants may use the leased premises as a commercial premises, violating the provisions of the lease contract, and the Matching Bureau will cause legal disputes and financial losses to the landlord.
6. Don't throw garbage after renting a house and making a mess of the room.
Some renters have a very sloppy personal life, and they don't even throw away their garbage after renting and moving in, and they pile up all in the house, making a mess of the room. Compared with the first two types of strange renters, this kind of renters are relatively normal and more numerous. But these people have a bigger impact on landlords.
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Unruly tenants: Some tenants may break the contract, such as not paying rent on time, not cleaning, not following the rules of the apartment, etc.
Damage to the house: Some tenants may cause damage to the room, such as smoking, graffiti, breaking furniture, etc.
Illegal activity or activity: Some tenants may engage in illegal activities, such as drug manufacturing, smuggling, etc., which may pose a safety hazard to the landlord and neighbors.
Rent default: Some tenants may default on their rent or fail to pay their rent for various reasons, causing financial losses to the landlord.
Noise nuisance: Some tenants may make noise at night or in the morning, causing nuisance to their neighbours.
Temporary tenants: Some tenants may sublet their rooms to other people or let others live in their rooms temporarily, causing administrative difficulties for landlords.
Modifications: Some tenants may modify their homes without permission, such as removing walls or modifying pipes, causing financial losses and safety hazards to landlords.
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No, of course, don't say that you are a party member when applying.
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