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If the landlord does not change the lock, he can clearly inform the landlord that his behavior is illegal
If this situation occurs again, the landlord will be responsible for the termination of the rental contract, and he will be liable for compensation.
Article 577 of the Civil Code of the People's Republic of China provides that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
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Legal analysis]: It is illegal for the landlord to enter the rental room at will. The tenant rents the house, and the right to use the house belongs to the tenant, and during the lease period, if the lessor enters the house without the consent of the tenant, it is illegal.
After signing a lease contract with the landlord and leasing the house, the tenant obtains the right to use the house accordingly, and the landlord only has ownership of the property, and the right to use the house has been transferred to the tenant within the period agreed in the contract.
Legal basisArticle 40 of the Law of the People's Republic of China on Public Security Administration Punishments Article 40 Anyone who commits any of the following acts shall be detained for between 10 and 15 days and fined between 500 and 1,000 RMB; where the circumstances are more minor, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB: (1) organizing, coercing, or enticing persons under the age of 16 or persons with disabilities to perform terrorist or cruel performances; (2) Forcing others to work by violence, threats, or other means; (3) Unlawfully restricting the physical liberty of others, illegally trespassing into others' homes, or illegally searching others' bodies.
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1.Under normal circumstances, you need to change the lock immediately after renting a house, which is equivalent to a lock for your personal safety and property safety. If the tenant does not change the locks, the old lock may be missing, for example, if the landlord has rented to someone else, and the former tenant is likely to still have the key.
2.Changing the locks can avoid unnecessary disputes, and 50 people have to change the locks, which is more safe, and the landlord will generally agree. If you don't agree, then it's really unsafe, and if you don't change the locks, then the landlord usually has a spare key
The lease fee is the rent, and the size of the fee and the payment method should be clarified in the macro agreement.
At the same time, the annual rent adjustment rate can be agreed in the contract in advance. It is clear under what conditions the rent can be adjusted, as well as some costs for changing the locks, and who should be responsible in the contract, so that the rights and obligations of each other can be more clear.
Regardless of the type of rental, only the lock of the room can ensure the safety of the house. However, the door lock belongs to the landlord, and theoretically the tenant has no right to change the door lock.
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Legal analysis: If the house is rented out, the landlord needs to negotiate with the tenant before changing the lock and handing over the key to the tenant, if there is no negotiation, the landlord has no right to change the lock without permission, because it will infringe on the tenant's right to use.
Legal basis: Article 509 of the Civil Code of the People's Republic of China The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.
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Legal Analysis: It is not possible to change the lock without permission. With the consent of the lessor, the lessee may make improvements 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: "Measures for the Administration of Commodity Housing Leasing" Article 10 The lessee shall use the house reasonably in accordance with the lease purpose and use requirements agreed in the contract, and shall not change the load-bearing structure of the house and dismantle or alter 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 lessee shall be responsible for repairing or bearing the liability for compensation.
Measures for the Administration of Commodity Housing Leasing》 Article 11 If the lessee subleases the house, it shall be subject to the written consent of the lessor. If the lessee subleases without the written consent of the lessor, the lessor may terminate the lease contract, take back the premises and require the lessee to compensate for the losses.
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