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During the lease period, Party A shall be responsible for repairing the damage to the house and its ancillary facilities not caused by Party B, and Party A shall be responsible for the repair costs. If Party A does not repair or does not repair within one week after being notified by Party B, Party B may repair it by itself or entrust others to do so, and Party A shall be responsible for the repair costs.
Party B shall bear the responsibility and compensate for the loss and maintenance costs of the house and its connected equipment caused by the poor management and use of Party B.
During the lease period, Party B shall implement the provisions of the relevant local departments and assume full responsibility and obey Party A's supervision and inspection.
If the contract doesn't mention it, I think if there is a water leak in the house before renting, it should be dealt with by the landlord. If it is after renting a house, I think this water leakage problem should be dealt with by the tenant. However, the water leakage of this house should be a bit extensive to deal with, and it may not be cheap.
The landlord and tenant have been in litigation for a year, and I think it is better to coordinate privately, because the court is too slow, and I don't know how long it will take to get a result. In the future, when renting a house, you can go to the real estate online for free** a rental contract. This contract was drawn up by a professional lawyer and can be seen to be very comprehensive.
The synthesis is still very well thought out.
Finally, I wish the solution to the problem as soon as possible, and I hope thank you.
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Obey the ruling of the people's court.
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Legal analysis: If the rented house is leaking and you can check out, negotiate with the landlord. It is possible to sue for rescission of the contract and return of rent. Because this is a unilateral breach of contract by the landlord.
Legal basis: Article 713 of the Civil Code of the People's Republic of China The lessee may request 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. 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.
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The landlord refuses to fix the leaky room, and on the basis of your decision to adopt the legal method, (non-legal avenues will not be discussed here.) Of course, there are many non-legal avenues, and sometimes, such non-legal avenues are not slower than legal avenues. It is recommended that you can take the following actions:
You can no longer continue to pay rent.
First, talk to your landlord three times before you stop paying rent.
For the first time, inform the landlord that the house is leaking and ask the landlord to repair the leaking house. Make a recording when communicating and save the recording.
The second time, urge the landlord to repair the leaky house in a timely manner, record and save the recording when communicating.
The third time, inform the landlord that he has urged and has fulfilled his obligations as a tenant. Make a recording when communicating and save the recording.
After three conversations, before paying the next rent, inform the landlord that you will stop paying the rent because the water leak is hindering your living and does not meet the terms of the rent contract you signed before. Ask the landlord to fulfill his obligations in a timely manner and inform the landlord that you have notified your lawyer to take on the matter. This notification and notice must also be supported by relevant information.
Then, notify your lawyer to file the record. Let your lawyer take the next step.
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The Civil Code stipulates that if one of the parties delays the performance of its debts or has other breaches of contract, the party may terminate the contract. It is the lessor's obligation, not the lessee's, to repair the house. Therefore, when the house is seriously leaking, the landlord should fulfill the statutory obligation to repair it in a timely manner; If the landlord repeatedly shirks and fails to fulfill his statutory obligations, resulting in the property becoming uninhabitable, the tenant can terminate the rental contract.
Article 716 of the Civil Code stipulates that the lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss.
If the lessee subleases without the consent of the lessor, the lessor may terminate the contract. The lessee only has the right to lease the house, but not the right to dispose of it, and the lessee subleases without authorization, and the lessor has the right to terminate the lease contract with the lessee. The tenant has no right to dispose of the property if it subleases to a third party, the sublease contract is not effective against the lessor, the lessor is not liable for the losses of the third party, and has the right to require the sublease third party to return the house.
Here, I would like to remind you again: you must find a landlord to rent a house, and you must agree to sublet! If the rented house is sold, the tenant may not move out of the Civil Code in the face of the requirement to vacate the house, which stipulates in Article 725 of the Civil Code
If the ownership of the leased brother property changes during the period of possession of the lessee in accordance with the lease contract, the validity of the lease contract shall not be affected. This rule, commonly known as the "sale does not break the lease" rule, is to protect the interests of the lessee. The following conditions apply to the "sale without breaking the lease":
First, there is a legal and valid lease contract between the parties; Second, the tenant has actually occupied the house; The third is that the tenant rents a house for the purpose of living. If you are renting a property that meets the "buy or sell" rule, then you can continue to rent the property and no one has the right to ask you to vacate the property. The judge reminded everyone to "envy and look at each other" when renting a house.
First, it is necessary to look at the original and verify the original real estate certificate and ID card of the lessor; Second, we must look at the existing house, we must see the house on the spot, and seeing is believing; Third, we should look at the registration, check the registration of real estate to ensure that there are no defects in rights; Fourth, we should visit the property of the community and the surrounding neighbors to understand, and listen to it.
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