Is the tenant liable for any illegal acts in the rental property?

Updated on society 2024-07-06
12 answers
  1. Anonymous users2024-02-12

    If there is an illegal act in the rental property, the tenant will be held responsible, and the circumstances will be punished in serious cases. I hope you can.

  2. Anonymous users2024-02-11

    Legal Analysis: Under normal circumstances, if the tenant violates the law, the landlord is not liable. If a tenant has a safety accident during the rental period, and the landlord has fulfilled the maintenance and safety obligations agreed in the contract, the landlord does not need to be liable.

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

    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 fee 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.

  3. Anonymous users2024-02-10

    You can make it clear to the other party that the police station has filing requirements for housing leases, otherwise you can be fined, so force him to go to the record, otherwise call the police. In addition, the contract can be terminated because the other party has breached the contract.

    Article 57 of the Law of the People's Republic of China on Public Security Administration Penalties Where a house lessor rents out a house to a person without identity documents, or fails to register the name of the tenant, the type and number of the identity document in accordance with the regulations, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed.

    Where the lessor clearly knows that the tenant is using the rented house to carry out criminal activities, but does not report it to the public security organs, a fine of between 200 and 500 RMB is to be imposed; where the circumstances are serious, they are to be detained for up to 5 days and may be concurrently fined up to 500 RMB.

  4. Anonymous users2024-02-09

    First of all, you can make it clear to the other party that the police station has filing requirements for housing rentals, otherwise you can be fined, so force him to go for the record, otherwise call the police. In addition, you can terminate the contract because the other party is in breach of contract. The third is that he did something illegal, which has nothing to do with you, and you didn't deliberately provide the house to him to do illegal things.

    Thank you for adopting.

  5. Anonymous users2024-02-08

    In your case, you should insist that they need to cooperate with the homeowner to go to the police station to register and file, just say that this is the current regulation and must be implemented. If you do not cooperate, the house will not be rented.

  6. Anonymous users2024-02-07

    If your house is rented to a tenant, as long as the tenant has registered with the local police station and the tenant has done something illegal, the landlord does not need to be responsible but has the obligation to cooperate with the police station to investigate and deal with it

  7. Anonymous users2024-02-06

    It's up to you to contractually agree.

    If the agreed purpose is to live and the other party to work, it is a breach of contract, and you can request to terminate the contract and bear the liability for breach of contract.

    Call the police, and the police will mediate at most.

    If the mediation fails, the court will sue the other party directly, demanding the termination of the contract, the payment of liquidated damages, and the vacancy of the house. If the other party fails to perform the judgment when it takes effect, it may apply to the court for compulsory enforcement.

  8. Anonymous users2024-02-05

    It is recommended that you go to the police station as soon as possible to report to the police and explain the relevant situation to **. **(Police station) will generally take care of it. If you encounter an individual police officer who is not responsible for the prevarication and does not accept it, then you can directly dial 110 on the spot, and someone will definitely take care of it.

    You can collect evidence of the tenant's failure to cooperate with the rental registration through mobile phone recordings and other means in advance, or report the situation directly to the neighborhood committee. Normally, you are not jointly and severally liable, and even if you do, you will not be held accountable. You don't have to worry about the other party's retaliation, evil does not prevail over good, and you are too timid to fear that there will be more things.

  9. Anonymous users2024-02-04

    What about contractual agreements? It will be better to follow the standardized process and protect your rights and interests.

  10. Anonymous users2024-02-03

    Legal Analysis] Whether the tenant violates the law and whether the landlord is responsible depends on whether the landlord has the obligation to enter the corresponding lessor. For example, whether the identity of the tenant has been inquired about, and whether the tenant's information has been filed with the public security police station; The landlord knows that the tenant has an obligation to report the tenant's illegal activities to the public security authorities.

    If a landlord knows that they are committing an illegal event but does not report it, the landlord may commit a crime, such as harboring. Lessor's policing responsibilities:

    It is not allowed to rent the house to a tenant without legal and valid documents; If the tenant signs a lease contract with the tenant, and the tenant is a temporary resident from outside, he or she shall be led to the public security police station to declare the temporary residence registration and apply for a temporary residence permit; Register the basic information of the tenant such as name, gender, age, permanent residence, occupation or main economic **, service place, etc., and file it with the public security police station; If it is found that the lessee has illegal and criminal activities or is suspected of violating the law or committing crimes, it shall be reported to the public security organ in a timely manner; Conduct regular safety inspections on rented houses, discover and eliminate unsafe hidden dangers in a timely manner, and ensure the safety of tenants; If the lease of the house is stopped, it shall go to the public security police station to go through the cancellation procedures; If a housing rental unit or individual entrusts a person to manage the rental house in Yinzhu Town, the person must comply with the relevant provisions and bear the corresponding responsibilities.

    Legal basis] Criminal Law of the People's Republic of China Article 310: Whoever clearly knows that a person is a criminal and provides him with a hiding place or property, helps him to escape, or gives false evidence to cover up him, is sentenced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and ten years imprisonment. Where the crimes in the preceding paragraph are committed and there is prior conspiracy, it is to be punished as a joint crime.

    Article 57 of the Law of the People's Republic of China on Public Security Administration Penalties Where a house lessor rents out a house to a person without identity documents, or fails to register the name of the tenant, the type and number of the identity document in accordance with the regulations, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed. Where the lessor clearly knows that the tenant is using the rented house to carry out criminal activities, but does not report it to the public security organs, a fine of between 200 and 500 RMB is to be imposed; where the circumstances are serious, they are to be detained for up to 5 days and may be concurrently fined up to 500 RMB.

  11. Anonymous users2024-02-02

    Renting out a house always feels very good, but now the landlord is getting harder and harder, especially as a landlord of a long-term rental apartment, you have to pay attention to the tenant's information when renting a house. So if the tenant breaks the law, is the landlord liable? What do long-term apartment landlords need to pay attention to when renting a house?

    1. Is the landlord responsible for the tenant's illegal behavior?

    First of all, there are two answers to this question, one is that the landlord will never rent the house to the offender without knowing it, then the landlord is not illegal and not responsible; The other is that the landlord knowingly rents out the house to the offender, then the landlord may be suspected of harboring.

    According to the relevant provisions of the Criminal Law, a person who knows that the criminal suspect has provided property, a place of residence, made a false certificate or helped to escape, shall be sentenced to fixed-term imprisonment of not more than three years; If the circumstances are serious, the penalty shall be imprisonment for not less than 3 years but not more than 10 years. If the crime in the preceding paragraph is committed, and there is prior conspiracy, it is to be punished as a joint crime.

    2. What do landlords need to pay attention to when renting a long-term rental apartment?

    1. Before signing the contract, you should check the tenant's ID card, and print it to protect your own interests, so as to prevent the tenant's identity from being difficult to determine and causing your own losses. After the rent and other expenses are allocated, the valuable household appliances and other items in the home are inspected in detail, and the house and indoor facilities are inspected from time to time to prevent damage to the facilities and endanger the personal safety of tenants, and at the same time, it can also reduce their own losses.

    2. After the contract is signed, a certain deposit will be charged according to the indoor equipment, and necessary measures will be taken to prevent the renter from intentionally or unintentionally defaulting on water and electricity bills and property fees. Under the premise of financial conditions, it is possible to insure the home contents insurance, because the landlord is liable for compensation if the renter is stolen.

    3. Determine the purpose of the tenant's rental to prevent the tenant from using his own residence to commit illegal crimes, and the landlord should sign the relevant residential lease contract on the premise of a third party certificate, which is beneficial to himself and others. Other expenses such as utilities must be clearly allocated to avoid landlords renting too high in the future, causing tenants to be dissatisfied.

    Summary: Is the landlord liable for the tenant's illegal behavior? And what do long-term apartment landlords need to pay attention to when renting?

  12. Anonymous users2024-02-01

    We rent a lot of houses in our daily life, when renting a house, the renter and the renter sign a rental contract to protect the legitimate interests of both parties, is the renter responsible for the illegal landlord? Let me answer the question for you. If the tenant fulfills a reasonable obligation and there is no problem with the safety of the premises, then the landlord is not at fault for the occurrence of the tenant's safety accident and is not liable for compensation.

    Landlords must be held legally liable in the following cases:

    1. Failure to fulfill security obligations. Renting a house is a safety hazard. For example, the provision of substandard gas stoves, water heaters, unauthorized conversion of houses without living conditions into bedrooms, houses without ventilation, fire fighting equipment, aging wiring and failure to replace and repair immediately, etc.

    2. Failure to give notice of fulfillment. Duty of care. The lessee must notify the lessee in advance of the use of the facilities and equipment in the leased dwelling, as well as precautions to avoid accidents.

    3. Failure to perform supervision and management obligations. The renter must regularly inspect the status of the dwelling in the rental dwelling. If it is found that the facilities that need to be repaired, the equipment that needs to be replaced, the equipment that must be repaired, replaced, renovated, or used immediately, the situation should be stopped immediately, and the person in charge should be urged to correct it.

    Article 709 of the Civil Code of the People's Republic of China provides that 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.

    Article 57 of the Law of the People's Republic of China on Public Security Administration Punishments Article 57 If a house lessor rents out a house to a person without identity documents, or fails to register the name of the tenant, the type and number of the identity document in accordance with the regulations, he shall be fined not less than 200 yuan but not more than 500 yuan.

    Where the lessor clearly knows that the tenant is using the rented house to carry out criminal activities, but does not report it to the public security organs, a fine of between 200 and 500 RMB is to be imposed; where the circumstances are serious, they are to be detained for up to 5 days and may be concurrently fined up to 500 RMB.

    Article 510 of the Civil Code of the People's Republic of China After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant terms of the contract or the transaction habits of the year.

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