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Anonymous users2024-02-12Legal analysis: who is responsible for the equipment in the rented room is broken according to the rental contract.
If it is clearly stated in the rental that the tenant is responsible for the maintenance of a certain item, then the landlord can directly ask the tenant to support the maintenance costs. If the tenant refuses to support the maintenance fee, the landlord is also entitled to pay a security deposit from the tenant.
The corresponding fees are deducted. 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 708: The lessor shall deliver the leased property to the lessee in accordance with the agreement and keep the leased property in accordance with the agreed purpose during the lease term. 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 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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Anonymous users2024-02-11If the tenant is unreasonable and uncooperative, he can sue the court to settle the matter. If the tenant damages the house, he must have evidence, and if he goes to court, evidence is indispensable.
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Anonymous users2024-02-10If you rent the house to the other party, a lease contract relationship is established between you, and both parties shall perform in accordance with the provisions of the lease contract, otherwise they shall be liable for breach of contract.
1: Article 235 of the Contract Law of the People's Republic of China: "Upon the expiration of the lease period", the lessee shall return the leased property.
The returned leased property should conform to the state after use according to the agreement or the nature of the leased property, 2: Now the tenant can break your house, you have the right to ask the other party to compensate, if the other party does not pay, pay the deposit, you can deduct from the deposit.
3: If the other party's deposit is not enough to bear the loss, you can also sue the other party for compensation.
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Anonymous users2024-02-091. What should I do if the tenant damages the house?
1. The tenant has damaged the house and needs to be dealt with according to the actual situation. They are:
1) The tenant should notify the landlord in time to make repairs. The landlord should carry out the repairs within seven days of receiving the tenant's notice. If the maintenance is not made within the time limit, the tenant can repair it on behalf of the tenant, and the cost shall be borne by the landlord. If the tenant is affected by the maintenance of the house, the rent should be reduced or the lease term should be extended accordingly;
2) If the house and its accessories, equipment and facilities are damaged or malfunctioned due to improper storage or unreasonable use by the tenant, the tenant shall be responsible for maintenance or liability for compensation.
2. Legal basis: Article 711 of the Civil Code of the People's Republic of China.
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 thing, the lessor may terminate the contract and claim compensation for the loss.
2. What to do if the tenant damages something and runs away.
1. Keep the evidence, as a landlord, when the tenant damages the things in the rental house, the first time to do a good job of evidence collection, including physical evidence, shooting, etc., no matter what kind of evidence is used, as long as it can prove the tenant's sabotage;
2. Contact the tenant, after having sufficient evidence, the landlord should contact the tenant in time to find out the tenant's attitude, understand the tenant's thoughts, see what the tenant thinks, whether he is willing to compensate and other matters;
3. Negotiation settlement, if the tenant is willing to resolve the dispute through negotiation, as the landlord, you can sit down with the tenant amicably, negotiation is the best way to resolve the dispute;
4. Call the police directly, if the tenant is not willing to resolve the dispute through negotiation, you can also call the police to deal with it, ask the police to go to the police, fix the facts, and lay a good foundation for the legal route later.
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Anonymous users2024-02-08Legal analysis: If the tenant breaks the landlord's things, he can negotiate a solution first. If the tenant is willing to resolve the dispute through negotiation, as a landlord, you can sit down with the tenant amicably, and negotiation is the best way to resolve the dispute.
If the negotiation fails, it shall be agreed in the contract. The lessee shall properly keep the leased property, and if the leased property is damaged or lost due to improper storage, it shall bear the liability for compensation.
Legal basis: Civil Code of the People's Republic of China.
Article 714: The lessee shall properly keep the leased property, and shall be liable for compensation if the leased property is damaged or lost due to improper storage.
Article 710 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 property, it shall not be liable for compensation of Kaizi.
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 property, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.
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Anonymous users2024-02-07Legal analysis: If the tenant destroys the premises, the landlord can demand compensation for the loss and can terminate the lease contract. If the other party does not compensate for the loss, but still does not compensate after negotiation, the lessor can file a lawsuit in the people's court.
According to Article 711 of the Civil Code implemented in 2021, if the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the stove section of the leased property, resulting in losses to the leased property, the surplus lessor may terminate the contract and claim compensation for the loss. Article 714 stipulates that the lessee shall properly keep the leased property, and shall be liable for compensation if the leased property is damaged or lost due to improper storage.
Legal basis: Article 711 of the Civil Code If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased object, resulting in losses to the leased object, the lessor may terminate the contract and claim compensation for the loss. Article 714 of the Civil Code The lessee shall properly keep the leased property, and shall be liable for compensation if the leased property is damaged or lost due to improper storage.
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Anonymous users2024-02-06Legal analysis: The tenant accidentally damages the house during the rental period is a breach of contract, and he should bear the corresponding liability for compensation. The specific compensation standard varies according to factors such as the degree of damage to the house and the contract.
Legal basis:1Article 65 of the Contract Law: If a party violates the provisions of the contract and causes losses to the other party, it shall be liable for compensation.
2.Article 11 of the Civil Code: The unit shall bear the damage caused by the performance of the task by the personnel in the vertical position of the single fiber.
3.Article 89 of the Property Law: The lessee shall maintain the leased property and use it in accordance with the agreement. If the lessee causes damage to the leased property due to negligence, it shall compensate for the loss.
Therefore, when a tenant accidentally damages the property, the landlord has the right to demand compensation from the tenant. The specific compensation standard needs to be determined according to factors such as the degree of damage to Douliang's house and the contract. The tenant should actively repair the damaged property and compensate for the corresponding losses according to the negotiation or court judgment.
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Anonymous users2024-02-05If the leased property is damaged due to improper use by the lessee or other reasons, the lessee shall be responsible for compensation for the damage. Leasing of a house is an act in which the owner or operator of the house hands over the house owned or operated by the owner or operator of the house to the consumer of the house, and the consumer of the house obtains the right to occupy and use the house by paying a certain amount of rent on a regular basis. Housing lease pre-lease refers to the act of the lessor (generally the owner of the house) renting the house to the tenant for use, and the lessee pays rent to the lessor.
Legal basis: Civil Code of the People's Republic of China 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 object, resulting in losses to the leased object, the lessor may terminate the contract and claim compensation for the loss. Article 714: The lessee shall properly keep the leased property, and shall be liable for compensation if the leased property is damaged or lost due to improper storage.
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