The sewer is blocked, and the landlord still pays for it

Updated on home 2024-06-28
4 answers
  1. Anonymous users2024-02-12

    If the sewer is blocked, the landlord or pay for it yourself, you need to deal with it according to the actual situation. The details are as follows:

    1. If the sewer is blocked, and the tenant is blocked under normal use, the landlord shall bear the responsibility for maintenance;

    2. If the tenant is blocked due to abnormal use, the tenant shall bear the maintenance costs.

    The sewer is clogged and the property should not be managed.

    Whether the property is managed or not depends on whether the property is responsible. The property management company provides property services such as maintenance and security in accordance with the provisions of the Property Management Service Contract, so whether the property management company is liable depends on whether it is in breach of contract.

    According to the contract, the property management company shall have the obligation to maintain and repair the public facilities and equipment of the community. The loss caused by a clogged sewer pipe is to first figure out what exactly is the cause of the clogged sewer. If the sewer pipe is in disrepair and the property management company does not find the repair in time, causing the owner to overflow during normal use, then the property management company has not fulfilled the maintenance obligations agreed in the contract and shall bear the liability for breach of contract.

    If it is caused by improper use by the upstairs owner, such as throwing some garbage into the sewer pipe and affecting the normal drainage of the water pipe, then the upstairs owner should compensate. In this case, if the property management company has fulfilled its reasonable duty of care and has not neglected to fulfill its obligation to detect the fault and repair it in a timely manner, then the property management company will not be liable.

    Legal basisArticle 712 of the Civil Code of the People's Republic of China.

    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 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.

    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.

  2. Anonymous users2024-02-11

    1.If the tenant uses the drain normally and causes a blockage, the landlord is responsible for repairing it.

    2.If a tenant uses the drain illegally and causes a blockage, the tenant is responsible for the cost of repairs.

    In short, whether you need to find a landlord or pay by yourself needs to judge the responsibility according to the actual situation. If you can't judge, it's a good idea to talk to the landlord to reach a consensus.

  3. Anonymous users2024-02-10

    Legal analysis: The first thing to find out is the reason for the blockage of the sewer when renting a house. Normally, if the tenant has a blockage under normal drainage, the landlord should pay for someone to unclog the sewer; If the tenant is clogged due to personal irregularities, the tenant will be responsible for it.

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

    Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

    Article 711 If the lessee fails to use the leased property in accordance with the agreed method or according to 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 722 If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.

  4. Anonymous users2024-02-09

    If there is a blockage in the sewer of the rented house, it depends on whether it is before or after renting, and if it is found before renting and not due to the tenant, then the landlord must be responsible. However, if the problem arises after renting, then the tenant is responsible, and it may be that the sewer is blocked due to improper use during the rental process. In this case, as long as you go to the supermarket to buy a toilet bowl to dredge the sewer to dredge it, if this dredging does not work, the blockage may be too large, it is recommended to find a professional to dredge.

    According to the provisions, a lease contract refers to a contract in which the lessor delivers the leased object to the lessee for use and income, and the lessee pays the rent. Among the parties, the party with the right to use or benefit from the provision is the lessor; The party who has the right to use or benefit from the leased property is the lessee.

    Legal basis].

    Civil Code of the People's Republic of China

    Article 709 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 item or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be used in accordance with the nature of the leased item.

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