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The method of dealing with the damage of the rented things is: 1. If the tenant uses the rented things in accordance with the agreed method or the nature of the house, so that the rented things are damaged, he does not need to bear the responsibility for compensation for losses; 2. If the lessee fails to use the thing in accordance with the lease contract or the nature of the leased thing, resulting in damage to the thing, the lessor may terminate the contract and require the lessee to bear the responsibility for compensating for the loss. In addition, if the lessee makes improvements or additions to the leased property without the consent of the lessor, it may request the lessee to compensate.
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 property, 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.
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1. If there is no agreement on maintenance in the housing lease contract, then the lessor shall fulfill the maintenance obligation of the leased property. The lessee may request the lessor to repair the leased property within a reasonable period of time when it needs to be repaired.
2. If the lessor fails to perform the maintenance obligation, the lessee can 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 lessor fails to perform the above obligations, it may file a lawsuit with the court in accordance with the law.
3. Basis: Contract Law of the People's Republic of China.
Article 220 The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.
Article 221 The lessee may require 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.
4. It should be noted that:
1) Evidence of claiming that the item was intentionally damaged by you was provided by the landlord and not by you.
2) The costs of the lawsuit are borne by the losing party to the lawsuit.
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Hello dear, it should be borne by the landlord. According to the Regulations on the Administration of Public Security in Leases, landlords have the obligation to make repairs, but they cannot be generalized. The specific needs to be combined with the actual situation:
1. If the items need to be repaired due to the use of the tenant, the tenant shall be responsible for the maintenance and may request the landlord to cooperate. If the tenant fails to use the leased property in accordance with the agreed method or the nature of the leased property, resulting in losses to the leased property, the landlord may terminate the contract and claim compensation for the loss. 2. If the items need to be repaired due to aging, the landlord is responsible for maintenance, electrical appliances (within the warranty life) can be repaired by the product manufacturer, and the tenant can ask the landlord to repair the leased property within a reasonable period of time when the leased property needs to be repaired, and the landlord can repair it by himself when the landlord does not perform the maintenance obligation, and the maintenance cost shall be borne by the landlord.
If the tenant's residential use is affected by the maintenance of the leased property, the rent shall be reduced or the lease term shall be extended accordingly. If the property is seriously affected by the tenant's use, the tenant can request to terminate the contract and ask the landlord to compensate according to the contract. All in all, the landlord will bear the cost of natural damage caused by natural aging, aging pipes, etc.
Generally, walls, water and electricity pipes, etc. are included in this list. When the tenant moves in with man-made damage, the repair cost will be borne by the tenant. For specific definition, you can find a property or agent to check the reason.
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In our usual life, many people will choose to rent a house, some people will rent a house for a long time, so who is responsible for the damage during the rental period, today I will talk to you about this problem, I hope to help you through this article, interested friends can follow up to understand.
1. Who should be responsible for the damage during the rental period?
1. When we find that something is damaged when renting a house, we can see if there is this agreement in the contract, and if so, we will repair it according to the agreement. If there is no such treaty, you can negotiate with the landlord to see how to solve it, and usually the landlord will not let the landlord compensate as long as it is not man-made or vandalized.
2. If the lamp is broken during the rent, and you feel very troublesome when repairing the lamp is not expensive, you can choose to replace it yourself.
3. If the household appliances are damaged, you can notify the landlord to repair them at this time.
4. If it is a series of natural damage to the floor and wall, it is likely that the landlord is decorating at that time, the construction quality and material quality problems, at this time we do not need to be responsible, you can contact the landlord to let the landlord repair.
5. If it is man-made, for example, the sofa table is deliberately damaged, the tenant needs to compensate, and the specific negotiation with the landlord should be resolved.
6. When renting a house, try not to rent to a remote area, to be closest to the place where you go to work and study, it is best to have a very large supermarket in terms of transportation, and the transportation must be convenient, which can save us a lot of transportation costs.
The above is a summary of the relevant content and information about who is responsible for the breakage of things during the rental period, I hope it can help you. If you have any other questions, you can leave a message at the bottom of the platform, and we will solve the problem for you in time. Finally, if you have any questions about home furnishing and home decoration, you can pay more attention to Qeeka Home.
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If the things in the rental are broken, who is responsible for the maintenance, mainly depends on what it is, if it is something that the tenant uses daily, such as kitchen appliances, it needs to be repaired by the tenant himself when it is damaged during the tenant's daily use, and if it is damaged by the landlord's tenant who is not used daily, the landlord needs to repair it, such as the rent is damaged.
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If it is broken under normal use, of course, find the landlord and let the landlord be responsible for repairing it, if it is damaged by improper use, the tenant must repair it himself.
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Most of them are repaired by the landlord, if it is no problem when you live and the tenant is negligently damaged, there are housing repairs.
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Generally speaking, if it is broken after the tenant moves in, the tenant must be responsible.
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Depending on the landlord's mood, he will help you fix it if he is in a good mood, and pretend that it didn't happen if he is in a bad mood, and then you have to spend money to repair it yourself.
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