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Can the landlord enter the tenant's room without permission?
1.First of all, I need to tell you that it is not allowed.
2.The landlord has already handed over the right to use the house to the tenant, so it is necessary to obtain the consent of the tenant before entering. Landlords are not allowed to enter until the contract expires.
3.The landlord enters without the consent of the tenant, which is a violation of the laws and regulations of our country.
If something is lost, it is also possible that the landlord will be responsible for it.
4.You can get the tenant's consent in advance, make an appointment at the time, and enter and take your belongings.
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If the tenant loses something, the landlord is not easy to say, it is better to negotiate with the tenant to go in and get things when the tenant is at home, and it is better to get it when he is free, after all, the house has been rented out, and the rent has been paid, and the rent belongs to his private domain, and it is not good to go in privately.
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The house has been rented out, and the right to use it during the rental period belongs to the renter, and if you want to pick up something in the house, you should enter through the renter, and the landlord cannot enter it by himself in the absence of the renter.
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Illegally, although the ownership of the house belongs to the landlord, the tenant has the right to use it, and trespassing during the lease period of the house violates the tenant's right to use the house.
Contract Law of the People's Republic of China
Article 212 stipulates: "A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent. ”
Article 216: "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 period. ”
After the landlord delivers the leased property to the tenant, it shall ensure the normal and reasonable use of the tenant, and shall not enter the subject matter of the lease without the permission of the tenant, and the landlord shall not enter the subject matter of the lease without the permission of the tenant, and the landlord shall not take the key to enter and exit the house in violation of the principle of good faith, you can inform the landlord not to affect your normal use, and shall not enter the subject matter without permission, and you can also change the lock to ensure your normal use.
The "trespassing" referred to in the law refers to the act of trespassing into another person's house without the consent of the owner of the person with malicious intentions, and generally this kind of behavior will pose a security threat to the personal and property of the resident and interfere with the normal life of the resident, so this kind of behavior is called "illegal trespass on another person's house" in the law, and is defined as "the crime of illegal trespass on another person's house" in the Criminal Law.
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First of all, it is safe to say that you cannot enter a rented out house without permission, and now, the right to use the house is the tenant. If you have something particularly urgent, you can ask the property to come with you, and if there is nothing urgent, discuss it with the tenant.
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It's best to talk to the room first**, if the tenant agrees, you can go in, don't say good, it's best not to go in, because the room is yours, but you rent it to someone else, you don't want to go in, maybe you can't get it right, and there will be some trouble and misunderstanding.
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Prevented from renting out and the landlord wanted to get something. The tenants are always busy, can I go in by myselfIf that's the case, it can be a bit of a hassle.
Although the house is landlord's. There are keys too. But it's always bad to go in on your own.
After all, the tenant of the house is now occupied, and he can only enter his room if the tenant agrees.
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The house has been rented out, and you must obtain the consent of the tenant when you go back, because your rental relationship is protected by law, and entering without permission is trespassing on the house, and if you are sued, your legal liability will be increased. In addition, since you rent it out, you should keep your belongings well, and don't ask for something to be taken at every turn, which makes people ...... puzzling
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The house has been rented out and the right to use it has been handed over to someone else. Unauthorized entry is an infringement.
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After the house is rented out, you can't go in casually by yourself. If you want to go in, you have to tell the landlord in advance, and if he doesn't have time to open the door for you, then I want it. Let him agree before he can go in on his own, but I recommend not doing it casually, in case there are few things to say, so it is better to go in when people are present, so it is better and safer to go in.
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To sum up, I actually think that if you want to take something from the house in several landlords, it is better to go in with the landlord so that there will be no problems.
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Sign up and log in. If the landlord wants to sell the property during the rental period, can the tenant refuse to allow the landlord to bring someone to see the property? Is the refusal legitimate?
Hot Discussion |What are some things you only know about renting an apartment?
Happy chipmunks.
I just ran into this problem today, the house is where I live with my sister, I am not at home today, my sister is sick, dizzy, nauseous and vomiting, and it is a whirlwind to lie down in a different position. The agent called me at nine o'clock to ask to see the house, I refused, the reason is that my sister is sick, I don't have the strength to open the door for you, don't bother her, the agent is not happy, very unceremoniously told me that the house I rented is about to expire, and I have the obligation to cooperate with them to show it. The reason why we didn't renew the lease was because the air conditioner in the next room was at our window, and there was no response to the agent's reflection that the noise was loud, and the agent had a lot of inaction before.
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Legal Analysis: It depends on the circumstances. The general principles are:
There is an agreement from the agreement, there is no agreement from the law, and there is no law from the custom. On the one hand, after the house is rented, the tenant has obtained the right to use the house, and the landlord is not allowed to enter without permission, let alone bring others in. On the other hand, the landlord still retains ownership of the house and has the right to transfer the house.
The need to look at the property before buying a house is a well-known transaction habit (although it is not for both parties to the lease, but both parties to the lease know it). At the same time, tenants have the right of first refusal. If other potential buyers are not allowed to view the property, the tenant's priority will be further unreasonably magnified, effectively eliminating or limiting competition from other buyers.
Legal basis: 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 provisions of the contract or transaction customs.
Article 245 of the Criminal Law of the People's Republic of China: Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, is sentenced to up to three years imprisonment or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.
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Legal Analysis: It is illegal to rent a house to someone else without the landlord's knowledge.
Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract formed in accordance with law shall take effect upon its establishment, unless otherwise provided by law or agreed by the parties to rent a separate orange.
In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party that should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.
Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
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Legal analysis: whether to return the prepaid rent and deposit for early lease withdrawal should be dealt with according to the situation: 1. If the other party moves out due to the danger of living in the house, regardless of whether the rental contract is signed or not, the other party has the right to move out at any time, and refund the rest of the prepaid rent and deposit to the other party after collecting enough rent during the actual rental period of the other party.
2. If there is no danger of residence: if there is a rental contract, it shall be handled in accordance with the provisions of the rental contract; If there is no breach of contract clause in the rental contract or there is no rental contract, and the tenant has been in breach of contract, if the loss caused to you is caused, the balance must be refunded to the other party after deducting the reasonable loss and the rent during the actual rental period.
Legal basis: Measures for the Administration of Urban Housing Leasing Article 6 The following houses shall not be rented:
1) Failure to obtain a house ownership certificate in accordance with law;
2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;
3) The co-ownership of the house has not obtained the consent of the co-owners;
4) The ownership is disputed;
5. Demolition of the field) is an illegal building;
6) Failure to meet safety standards;
7) has been mortgaged, without the consent of the mortgagee;
8) Not complying with the relevant provisions of the competent departments of public security, environmental protection, health, etc.;
9) Other circumstances in which leasing is prohibited by relevant laws and regulations.
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The house can be subleased, but the legal sublease needs to meet the following two conditions: 1. The sublease must be approved by the owner of the house. Subletting is no longer part of normal use and must be agreed by the owner of the house, otherwise it will be invalid.
2. The rent of the sublease shall not be higher than the original rent, and it is indeed necessary to increase it reasonably, and the increased income shall be handed over to the owner of the house. Rent is the proceeds of the house and should be taken by the owner of the house. If the property is subleased without the consent of the house owner, or the sublease is sought to obtain the rent difference, the house owner has the right to demand that the lessee be held liable for breach of contract, and may terminate the house lease contract and take back the rented house.
Article 725 of the Civil Code provides that if the ownership of the leased 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.
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Legal analysis: whether to return the prepaid rent and deposit for early lease withdrawal should be dealt with according to the situation: 1. If the other party moves out due to the danger of living in the house, regardless of whether the rental contract is signed or not, the other party has the right to move out at any time, and refund the rest of the prepaid rent and deposit to the other party after collecting enough rent during the actual rental period of the other party.
2. If there is no danger of residence: if there is a rental contract, it will be disturbed in accordance with the agreement of the rental contract; If there is no breach of contract clause in the rental contract or there is no rental contract, and the tenant has been breached by moving out, if any loss is caused to you, the balance must be refunded to the other party after deducting the reasonable loss and the rent for the actual rental period.
Legal basis: Measures for the Administration of Urban Housing Leasing Article 6 The following houses shall not be rented:
1) Failure to obtain a house ownership certificate in accordance with law;
2) Where judicial organs and baggage administration organs have made rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law;
3) The co-ownership of the house has not obtained the consent of the co-owners;
4) The ownership is disputed;
5) It is an illegal construction;
6) Failure to meet safety standards;
7) has been mortgaged, without the consent of the mortgagee;
8) Not complying with the relevant provisions of the competent departments of public security, environmental protection, health, etc.;
9) Other circumstances in which leasing is prohibited by relevant laws and regulations.
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I don't think this has anything to do with the landlord. If you bring someone to rent a place for yourself, the landlord will be upset when he sees something, and I think that's it, if you are within a month, the right to use this place is yours, and you can use it however you want. So the landlord is unhappy, I don't think it has anything to do with you, in reality, in fact, there is no big landlord in life, to be honest, maybe you won't rent this place after a while, he himself knows, so sometimes, it's okay if you bring someone here.
So particular landlord, if he is not happy, then you will not rent his place next time? Isn't that it? Actually, I think it's normal, the landlord's words, in fact, there are careful thoughts, but careful thinking is different for everyone, in reality, I think many times I encounter such a landlord or more annoying, anyway, I don't like to deal with such a landlord, if you can, then I think you don't want to rent his house next time.
In fact, in reality, landlords are also competing with each other, because many times, if you are blind to the landlord's things, some of them are not as good as you think, and there are always all kinds of shortcomings.
The landlord is unhappy, this is the most irrelevant thing, since you signed the contract, then within the contract period, then the right to use is yours, and you don't have to pay attention to him, then the landlord's words, if 250, then you can give him a little less money in the end? So sometimes it's such a thing, I think realistically, then if you bring someone to see, the landlord's happiness has nothing to do with him, and the landlord can manage so many things.
The most important thing is to make yourself happy, you can live your own life, the landlord is this kind of thing, in fact, every landlord's words are honest, then some of their people's minds are like this, I used to know a landlord, and the landlord also likes to move his things to the tenant's house, then the landlord's words are actually brain water. So if I think it's very good to sell too much, if this landlord really has such a situation, then I think the most important point, then if you talk about this landlord, you can keep your distance.
Legal analysis: The rent can be refunded, but there will be liquidated damages. During the lease period, both parties must abide by the contract, and if either party violates the provisions of this contract, it shall pay 10% of the annual rent to the other party as liquidated damages on an annual basis. >>>More
Legal basis: Civil Code of the People's Republic of China
Article 716 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. >>>More
The problem you describe is fine from either the point of view of reason or law. Logically, the landlord's rental house is about to expire, and the tenant has made it clear that he will not renew the lease, so it is acceptable for the landlord to take potential tenants to see the property in advance in order to rent out the house as soon as possible; In terms of law, the lessor and the lessor have formed a housing lease relationship, and when the lease term is about to expire, the lessor can look for potential tenants in advance, and with advance notice and without affecting the current tenant, the current tenant shall provide certain assistance. If the current tenant incurs certain expenses (e.g., additional transportation expenses, etc.) or suffers losses (e.g., if there is evidence that it has interfered with work, etc.) as a result of cooperating with the lessor, the current tenant may be required to compensate or compensate the lessor.
Question: I rented a façade room at the end of last year. Spend about 20,000 yuan to renovate. >>>More
If you think your rental is unsafe, you can keep your valuables with you or hand them over to your landlord! >>>More