Do homeowners have an obligation to maintain and repair their homes?

Article 220 of the Contract Law stipulates that the lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.

Article 221 stipulates that the lessee may require the lessor to repair the leased property within a reasonable period of time when it 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.

1. Construction Law of the People's Republic of China

Article 62 The quality warranty system shall be implemented for construction projects.

The warranty scope of construction projects shall include foundation engineering, main structure engineering, roof waterproofing engineering and other civil engineering, as well as installation engineering of electrical pipelines, water supply and water pipelines, heating and cooling system engineering, etc.; The duration of the warranty shall be determined in accordance with the principle of ensuring the normal use of the building within a reasonable life span and safeguarding the legitimate rights and interests of users. The specific warranty scope and minimum warranty period are specified by ***.

Article 75 Where a construction enterprise violates the provisions of this Law by failing to perform its warranty obligations or delaying the performance of its warranty obligations, it shall be ordered to make corrections, may be fined, and shall be liable for compensation for losses caused by quality defects such as leakage and cracking of roofs and walls during the warranty period.

2. Regulations on the Quality Management of Construction Projects

On January 30, 2000, the People's Republic of China promulgated Order No. 279].

Article 39 The quality warranty system shall be implemented for construction projects.

Article 40 Under normal use conditions, the minimum warranty period of a construction project is:

A) infrastructure engineering, housing construction foundation engineering and main structure engineering, for the design documents specified in the reasonable service life of the project;

2) Roof waterproofing works, toilets with waterproof requirements, rooms and external walls for leakage prevention, for 5 years;

3) Heating and cooling system, for 2 heating periods and cooling periods;

4) Electrical pipelines, water supply and drainage pipelines, equipment installation and decoration projects, for 2 years.

The warranty period for other items shall be agreed between the employer and the contractor.

The warranty period of the construction project shall be calculated from the date of acceptance of the completion of the project.

Article 41 If a quality problem occurs within the scope and duration of the warranty of the construction project, the construction unit shall perform the warranty obligation and bear the liability for compensation for the losses caused.

3. Regulations on the Administration of Real Estate Operation and Development

On July 20, 1998, the People's Republic of China promulgated Order No. 248, amended in accordance with the Decision on the Abolition and Amendment of Some Administrative Regulations on January 8, 2011].

Article 31 A real estate development enterprise shall, when a commercial house is delivered for use, provide the purchaser with a residential quality assurance certificate and a residential instruction manual.

The residential quality assurance certificate shall specify the quality level, warranty scope, warranty period and warranty unit verified by the project quality supervision unit. Real estate development enterprises shall, in accordance with the provisions of the residential quality assurance certificate, bear the warranty liability for commercial housing.

During the warranty period, if the original function of the house is affected due to the maintenance of the commercial house by the real estate development enterprise, and the loss is caused to the purchaser, it shall be liable for compensation in accordance with the law.

Fourth, the "Housing Construction Project Quality Warranty Measures".

June 30, 2000 Ministry of Construction of the People's Republic of China Order No. 80.

Hello, since it is the owner who rents the house to the lessor, then the owner has the obligation to maintain and repair the house, after all, you are renting the house to others in good condition, if there is a quality problem, you should have the obligation to maintain.

It's hard to say that the specific situation is unclear, the key depends on what the situation is, if it is a rental house, there are generally, but it depends on how the contract between the two parties is agreed.

This law does not stipulate the obligation to maintain and repair the house, and there is no small one.

Does the anti-owner of laws and regulations have the obligation to maintain and repair the house? Laws and regulations on the homeowner's obligation to maintain and repair the house.

Legal Analysis: If something in the rental house is broken, there should also be relevant provisions in the housing lease contract, and who will repair the damage. If there is no agreement, it can be settled on a case-by-case basis or through negotiation with the landlord.

If the relevant law stipulates that the lessee may, with the consent of the lessor, improve or add other things to the leased property. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may require the lessee to restore the original state or compensate for losses.

Legal basis: Article 715 of the Civil Code of the People's Republic of China The lessee may, with the consent of the lessor, improve or add other things to the leased property. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may require the lessee to restore the original state or compensate for losses.

Legal analysis: The housing maintenance management system refers to the rules and regulations formulated by the property management enterprise according to the national standards and requirements for housing maintenance management, and the rules and regulations that regulate the maintenance work of enterprise employees with enterprise characteristics.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate Article 61 To obtain land use rights by way of transfer or allocation, it shall apply for registration to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level.

If a house is built on the real estate development land obtained in accordance with the law, it shall apply for registration with the land use right certificate to the local people's real estate management department at or above the county level, and the local people's real estate excavation and infiltration management department at or above the county level shall verify and issue the house Xiaofan ownership certificate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification and judgment by the people's ** land management department at the same level.

Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

Summary. 1. Abide by the rules and regulations on the use of common parts of the property and common facilities and equipment, the maintenance of public order and environmental sanitation in the property management area;

2. Abide by the owners' covenant and the rules of procedure of the owners' general meeting;

3. Pay the property service fee on time;

4. Implement the decisions of the general meeting of owners and the decisions of the owners' committee authorized by the general meeting of owners;

5. Pay special maintenance funds in accordance with relevant national regulations;

6. Other obligations stipulated by laws and regulations.

Does the owner have a duty of care and care for the premises.

1. Abide by the rules and regulations on the use of common parts of the property and common facilities and equipment, the maintenance of public order and environmental sanitation in the property management area; 2. Abide by the owners' covenant and the rules of procedure of the owners' general meeting; 3. Pay the property service fee on time; 4. Implement the decisions of the general meeting of owners and the decisions of the general meeting of owners authorized by the general meeting of owners to make the decisions of the committee of the owners; 5. Pay special maintenance funds in accordance with relevant national regulations; 6. Other obligations stipulated by laws and regulations.

The Civil Code stipulates that the owner may manage the property by himself, or entrust the property service company or other managers to manage it. There is a narrow and broad sense of property management. Property management in a narrow sense refers to the maintenance and repair activities of the property service enterprise entrusted by the owner to carry out the maintenance and repair activities of the building and its equipment, municipal public facilities, greening, sanitation, transportation, living order and environmental appearance and other management projects according to the entrustment contract.

Property management in a broad sense should include the process of joint management by the owners, and the management process of entrusting property service enterprises or other managers. 1. Put forward suggestions for formulating and amending the owners' convention and the rules of procedure of the owners' meeting; 2. Accept the services provided by the property management company in accordance with the property service contract; 3. Propose to convene a meeting of the general meeting of owners and make suggestions on matters related to property management; 4. The members of the owners' committee shall be elected and shall have the right to be elected; 5. Participate in the meeting of the general meeting of owners and exercise the right to vote; 6. Supervise the work of the owners' committee; 7. Supervise the performance of property service contracts by property management enterprises; 8. The right to know and supervise the use of the common parts of the property, common facilities and equipment and related sites; 9. Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds); 10. Other rights stipulated by laws and regulations.

Legal analysis: In general, the lessor bears the responsibility, but the parties can also agree that the lessee shall bear the responsibility, and the specific situation depends on the actual provisions of the contract.

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

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 the limb mask by itself, and the maintenance cost shall be borne by the lessor. If the tenant's use is affected by the maintenance of the leased property, Oak promises to reduce the rent or extend the lease period 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.