Who knows how to deal with renovation disputes in a house lease?

Housing lease disputes mainly include lease term and deposit disputes, housing water, electricity and coal cost disputes, housing equipment use and compensation disputes, and lease filing disputes. Housing lease disputes can be resolved through the following methods: negotiation, and if the negotiation fails, apply for arbitration or civil litigation.

1) Application for arbitrationArbitration is a statutory way to apply to the Arbitration Commission for dispute resolution in the event of a contract dispute or other property rights and interests dispute between citizens, legal persons or other organizations. If the parties use arbitration to resolve their disputes, they shall voluntarily agree in the contract in advance or reach an arbitration agreement afterwards. If the parties have agreed in the contract in advance, or if an arbitration agreement has been reached afterwards, one party shall file a lawsuit with the court, and the court will not accept it.

Arbitration has the effect of a judicial act, and once the judgment takes effect, the parties may not file a lawsuit in the people's court for the same dispute. (2) In civil litigation, if the parties agree on the settlement of litigation in the housing lease contract or fail to reach an arbitration agreement after the dispute arises, they may directly file a civil lawsuit with the people's court.

If the lessee decorates and decorates with the consent of the lessor, and the lease contract is invalid, if the decoration and decoration that has not been attached and the lessor agrees to use it, it can be owned by the lessor at a discount; If you do not agree to use it, you can dismantle it by the lessee. If the house is damaged due to demolition, the tenant shall restore the original state. If the lessor agrees to use the attached decorations, they may be owned by the lessor at a discounted price; If they do not agree to use it, both parties shall share the loss of present value according to the fault that caused the contract to be invalid.

If the lessee decorates and decorates with the consent of the lessor, the lease period expires or the contract is terminated, unless otherwise agreed by the parties, the decoration and decoration that has not formed an attachment may be dismantled by the lessee. If the house is damaged due to demolition, the tenant shall restore the original state. If the lessee decorates and decorates with the consent of the lessor, and the contract is terminated, if the two parties have no agreement on the disposal of the decoration and decoration that has been attached, the people's court shall handle it separately according to the following circumstances:

1) If the contract is terminated due to the lessor's breach of contract, and the lessee requests the lessor to compensate for the loss of the residual value of the decoration and decoration during the remaining lease period, it shall be supported; (2) If the contract is terminated due to the lessee's breach of contract, and the lessee requests the lessor to compensate for the loss of the residual value of the decoration and decoration during the remaining lease period, it shall not be supported. However, if the lessor agrees to use, it shall be appropriately compensated within the scope of the utilization value; (3) If the contract is terminated due to the breach of contract by both parties, the residual value loss of decoration and decoration during the remaining lease period shall be borne by both parties according to their respective faults; (4) If the contract is terminated due to reasons not attributable to both parties, the loss of residual value of decoration and decoration during the remaining lease period shall be shared by both parties in accordance with the principle of fairness. Where the law provides otherwise, apply those provisions.

If the lessee decorates and decorates with the consent of the lessor, and the lessee requests the lessor to compensate for the decoration and decoration costs upon the expiration of the lease period, it shall not be supported. Unless otherwise agreed by the parties. The expenses incurred by the lessee for decoration or expansion without the consent of the lessor shall be borne by the lessee.

Where the lessor requests the lessee to restore the original state or compensate for losses, the people's court shall support it.

A lease contract refers to a contract in which the lessor delivers the leased object to the lessee for use and income, and the lessee pays the rent. In the handling of renovation disputes in housing leases, they can be resolved through negotiation through the following channels. If the lessee decorates and decorates with the consent of the lessor, and the lease contract is invalid, if the decoration and decoration that has not been attached and the lessor agrees to use it, it can be owned by the lessor at a discount; If you do not agree to use it, you can dismantle it by the lessee.

If the house is damaged due to demolition, the tenant shall restore the original state. If the lessor agrees to use the attached decorations, they may be owned by the lessor at a discounted price; If they do not agree to use it, both parties shall share the loss of present value according to the fault of the fault that caused the contract to be invalid. If the lessee decorates and decorates with the consent of the lessor, when the lease period expires or the contract is terminated, unless otherwise agreed by the parties, the decoration and decoration that has not formed an attachment can be dismantled by the lessee.

If the house is damaged due to demolition, the tenant shall restore it to its original state.

The expenses incurred by the lessee for decoration and decoration without the consent of the lessor shall be borne by the lessee; The lessor may request the lessee to restore the original state or compensate for the damages.

For the decoration agreed by the lessor, if the lessor agrees to use it, it can be owned by the lessor at a discount; If you do not agree to use it, you can dismantle it by the lessee.

1. What should I do if the landlord refuses to let the sublease?

If it is expressly stated in the lease contract that it cannot be subleased, it cannot be subleased. The landlord has the right to decide on the sublease chain, and if the landlord does not agree to the sublease, it can be negotiated. If you still do not agree to sublease after negotiation, you cannot sublease.

If you quit the lease early, you need to bear the liability for breach of contract according to the contract. According to Article 716 of the Civil Code implemented in 2021, 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.

If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

2. Who is responsible for the damage to the property subleased to a third party.

If the house is subleased to a third party, the tenant shall be responsible for any damage. According to the provisions of the Civil Code of the People's Republic of China 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 leased property, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss. 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. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

3. Who owns the house after the expiration of the rental period.

Under normal circumstances, the furniture, household appliances and other items added by the tenant during the living process are not necessarily related to the house, and they still belong to the tenant after the end of the lease relationship and can be taken away. If you are unwilling to take it away, you can negotiate with the lessor and sell it to the lessor at a discount.

However, the decorations of the house decoration are different from the later attachments, such as floors, ceilings, range hoods, air conditioners and other objects, which will cause certain damage to the house when they are demolished.

Article 715 of the Civil Code stipulates that the lessee may, with the consent of the lessor, improve the leased property or add other things.

If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for the loss.

The Civil Code came into force on January 1, 2021).

1. With the consent of the lessor to decorate the rented house, the parties may first agree on who owns the renovated property; If the lessor subsequently agrees to acquire the renovated property, the lessee may transfer the renovated property to the lessor at a discount. 2. The lessee shall not decorate the rented house without the consent of the lessor, and the consent of the lessor must be obtained before decorating the house. If the tenant wants to decorate the house, he must obtain the consent of the lessor, otherwise he will compensate the owner for the loss.

Article 715 of the Civil Code The lessee may, with the consent of the lessor, improve or add other things to the leased property.