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If it is man-made, it must be the responsibility of the tenant, or if it is broken after a long time, you can call the landlord to see if there is a warranty and repair.
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The day-to-day maintenance of the housing lease is generally the responsibility of the lessor, unless the two parties have an agreement to return the lease. If the rental house and its facilities are naturally damaged, the lessor needs to be responsible for repairs; If the tenant causes damage to the rental house and its contents due to its own reasons, the tenant is responsible for repairs. Article 710 of the Civil Code If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased thing, and causes the loss of the leased thing, it shall not be liable for compensation Article 711 If the lessee fails to use the leased thing in accordance with the agreed method or 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.
Article 712 The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties. Article 748: The lessor shall guarantee the lessee's possession and use of the leased property. If the lessor has any of the following circumstances, the lessee has the right to request compensation for losses:
1) Repossession of the leased property without justifiable reasons; (2) Obstructing or interfering with the lessee's possession and use of the leased property without justifiable reasons; (3) The third party claims rights against the leased property due to reasons attributable to the lessor; (4) Other circumstances that unduly affect the lessee's possession and use of the leased property.
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First of all, you need to clarify how you agree in the lease contract, if it is agreed that the homeowner will bear the responsibility for maintenance, then it is simple. If there is no agreement in the contract or the agreement is not clear, it shall be in accordance with the law. Article 216 The lessor shall deliver the leased property to the lessee in accordance with the agreement and keep the leased object in accordance with the agreed purpose during the lease period Article 217 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 property or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, it shall be used in accordance with the nature of the leased item. Article 218 Where the lessee uses the leased property in accordance with the agreed method or the nature of the leased item, resulting in the loss of the leased item, it shall not be liable for damages. Article 219 If the lessee fails to use the leased property in accordance with the agreed method or 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.
To sum up, if you want the homeowner to bear it, you need to prove that it is in normal use, that is, to prove that the water heater is due to aging or the quality of the sedan car caused by the leakage, so that the maintenance master can explain the situation to the homeowner.
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Legal analysis: when renting a house, if the leased property is damaged, the lessee uses the leased property in accordance with the agreed method and the nature of the leased object, and if the leased property is naturally damaged, the lessor shall be responsible for it; If the lessee fails to use the leased property as agreed and causes damage to the leased property, the lessee shall be liable for compensation.
Legal basis: Civil Code of the People's Republic of China
Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.
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 request Hu Xiao to compensate for the loss.
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Illegal. The circumstances are minor and violate the public security administration of the People's Republic of China, and the circumstances are serious enough to constitute the crime of intentional destruction of property. Intentional damage to property in a relatively large amount is suspected of constituting the crime of intentional destruction of property, and the lessor shall be liable for compensation if it causes losses.
Article 5 of the Regulations of the People's Republic of China on Public Security Administration Punishments provides that the public security organs may mediate and handle violations of the administration of public security such as fights or damage to other people's property caused by civil disputes, where the circumstances are minor.
Article 49 of the Public Security Administration Punishment Law stipulates that anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
The crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances. Article 275 of the Criminal Law stipulates that whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.
Now renting a house, there is fine decoration, there are bags to move in, etc. It is convenient for tenants and at the same time increases rental income for landlords. The furniture, appliances, etc. in the room are provided by the landlord to the tenants, and do not mean that they are given to the tenants.
Then the tenant needs to take good care of these property items, otherwise the tenant will have some responsibility when the house is handed over.
When renting and viewing a property, you should first negotiate with the landlord about which properties are included and which landlords will take them. And when signing the agreement, agree on the responsibility for damage or loss. Here, the tenant also needs to check the old damage of each household appliance, if it is already unusable, or has been damaged, it needs to report to the landlord, or replace, or how to determine the responsibility.
In the process of renting, you should organize all the items yourself, which are not necessarily necessary in life, but belong to the rental house, such as: some decorations, or some personal items left by the landlord in the rental house. Then the tenant has the right to take good care of these items.
Tenants can keep these items in one place and keep them safe so that they are returned to the same place as they were when they were rented.
In today's society, tenants need to pay a certain amount of compensation for destroying the leased property of the house, but the compensation needs to provide certain evidence to prove that it is indeed caused by the renter. In this case, evidence can be adduced by means of audio and video recordings, photographs, and witness testimony.
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When renting a house, if the leased property is damaged, and the lessee uses the leased property in accordance with the agreed method and the nature of the leased property, and the leased property is naturally damaged, the lessor shall be responsible for it; If the lessee fails to use the leased property as agreed and causes damage to the leased property, the lessee shall be liable for compensation.
1. Will the tenant pay for soiling the wall?
The tenant soils the wall and does not need to pay compensation unless it is stipulated in the contract. The lessee does not need to be liable for compensation if the leased property is used in a normal way and method, resulting in the loss of the leased property, so if the lessee only soils the wall and does not damage it, it does not need to pay compensation. However, if there are relevant regulations in the lease contract, the renter needs to compensate in accordance with the contract.
In the process of living, the wall of the rented house is soiled, which is natural damage, and if it is not expressly provided for in the lease contract, then the tenant can not pay compensation.
2. How to fulfill the lessor's obligation to exercise the leased property.
The lessor shall deliver the leased property at the time and in the manner agreed in the contract.
According to Article 708 of the Civil Code implemented in 2021, 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 709 stipulates 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 712 stipulates that the lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.
3. How does the lessee keep the leased property?
The lessee shall properly keep the leased property and use and benefit from the leased property in accordance with the agreed method. If there is no agreement on the method of use of the leased item or the agreement is not clear, it shall be used according to the nature of the leased item. If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in the loss of the leased thing, it shall not be liable for compensation.
Civil Code of the People's Republic of China
Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.
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 thing, the lessor may terminate the contract and claim compensation for the loss.
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