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It is the legal obligation of the lessor to inspect and maintain the rental house in a timely manner, unless both parties agree in the contract that the lessee shall bear the maintenance obligation, otherwise the lessor has the obligation to inspect and repair the house to ensure that the house meets the purpose specified in the contract. For the ancillary equipment added by the lessee, the parties can also agree on who will be responsible for the maintenance. If the lessor fails to repair the house in time and fails to fulfill the obligation of inspection and maintenance, resulting in the collapse of the house or other destructive accidents, and causing losses to the personal and property of the lessee, the lessor shall be liable for compensation.
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In general, the landlord will be responsible for the repairs, unless there is evidence that you have not used the facilities in accordance with the relevant requirements, in which case you will be responsible for the repairs. The relevant basis is the contract law and other clauses.
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Whoever breaks it is responsible for repairs, and if it breaks before the tenant comes, the homeowner is responsible for repairs.
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Tenant: enjoy the legal right to use the property as listed in the lease contract and during the term of the lease; For the rented houses, the real estate operators are required to repair them according to the regulations; Have the right to supervise and advise the real estate operator (house lessor); At the end of the lease term, the lessee has the right of first refusal to continue the lease or purchase.
The obligations are: paying rent on time; Do not sublease, lend, transfer or change the use of the leased property without permission; Properly take care of the decoration of the house and its equipment; Comply with national policies and regulations regarding property leasing.
Lessor: has the right to collect rent on time and supervise and inspect the lessee; The tenant has the right to terminate the lease contract in accordance with the provisions of the contract, take back the property and deal with it in accordance with the regulations; Prevent tenants from violating relevant national and local policies and regulations during the lease period.
The obligations are: to ensure the legal right of use of the lessee; Repair the property in accordance with the scope of repairs specified in the contract; Publicize the relevant regulations of the property.
If the facilities are damaged due to use, they will be repaired by the tenant, and if they are ancillary facilities of the house, they will be repaired by the lessor.
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Legal analysis: The responsibility for the repair of equipment damage to the rental house first depends on the agreement between the two parties in the lease contract. If, in the process of using the leased property normally in accordance with the agreed method, the leased property is lost, the lessee shall not be liable for damages; If the lessee fails to use the leased property in accordance with the agreed method and causes damage to the leased property, the lessee shall compensate for the loss.
In other words, if there is no agreement in the lease contract, and the main responsibility for the damage to the leased property is not the lessee, the responsibility for repairs should be borne by the lessee; If the lessee is primarily negligent, the lessee shall be liable for damages.
Legal basis: Article 710 of the Civil Code of the People's Republic of China 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.
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Legal analysis: The responsibility for the repair of equipment damaged in the rental house first depends on the agreement between the two parties in the lease contract. If the leased property is worn out in the process of normal use of the leased property in accordance with the agreed method, the lessee shall not be liable for damages; If the lessee fails to use the leased property in accordance with the agreed method and causes damage to the leased property, the lessee shall compensate for the loss.
In other words, if there is no agreement in the lease contract, and the main responsibility for the damage to the leased property is not the lessee, the responsibility for repairs should be borne by the lessee; If the lessee is primarily negligent, the lessee shall be liable for damages.
Legal basis: Article 710 of the Civil Code of the People's Republic of China If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased object, resulting in the loss of the leased object, it shall not be liable for compensation.
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Legal analysis: The responsibility for repairing the damage to the facilities in the house during the rental period should be clearly stipulated in the lease contract. If the leased property is damaged in the process of normal use of the leased property in accordance with the agreed method, the lessee shall not be liable for damages, and the lessee shall compensate for the loss if the lessee fails to use the leased property in accordance with the agreed method, resulting in damage to the leased property.
If there is no special agreement in the lease contract, and the main responsibility for the damage to the leased property is not the lessee, the responsibility for repairs shall be borne by the lessor, and if the lessor is mainly at fault, the defendant shall bear the liability for damages.
Legal basis: Article 710 of the Civil Code of the People's Republic of China 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 object, resulting in the loss of the leased object.
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