After the landlord rents out the house, if the tenant has a conflict with the neighbor, must the lan

The owner is not responsible. If there is a conflict between the tenant and the neighbor, it is the personal act of the tenant, and the landlord is not jointly and severally liable. Since the tenant can rent the house by himself, it proves that he is a person with personal capacity, so he needs to be responsible for what he does, and it has nothing to do with the landlord.

Legal analysis

Housing lease is the act of the owner or operator of the house handing over the house owned or operated by the owner or operator to the consumer of the house, and the consumer of the house obtains the right to occupy and use the house by paying a certain amount of rent on a regular basis. Housing leasing is a way of commodity circulation with sporadic housing use value. When renting a property, the renter should carefully check the landlord's personal circumstances.

If the landlord himself comes forward to sign the contract, it is best to check his real estate certificate and ID card; If you are helping a friend rent out a house, then you must have a rental power of attorney, the friend's real estate certificate, ID card or photocopy; If the title deed is not issued, it is necessary to issue a purchase contract to prove their identity. Housing lease refers to the act of the lessor renting the house to the lessee for use, and the lessee pays rent to the lessor. The term of the lease is more than six months, and both parties must sign a written contract.

The housing lease contract should include the following main terms: the scope and area of the rental house; the term and purpose of the lease; the amount of rent and the time of delivery; Liability for repairs, subletting, breach of contract, etc. On this basis, both parties shall hold the housing lease contract to the real estate management department where the house is located for preparation.

Legal basis

Civil Code of the People's Republic of China

Article 703 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 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

Article 705: The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid. Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

The owners are not jointly and severally liable. Conflicts between tenants and neighbors are personal actions of tenants, and landlords are not responsible for the personal actions of tenants because they do not participate in or influence them.

Of course, as the owner of the house, the owner has the obligation to ensure that the use of the house complies with relevant laws and regulations and social ethics to avoid causing damage to others. If the tenant's behavior violates the relevant regulations, the landlord may need to take appropriate measures to rectify it.

In addition, if a neighbor files a lawsuit against the owner, the court may impose certain legal sanctions on the owner depending on the specific circumstances, such as compensating the neighbor for financial losses, etc. However, this situation needs to be analyzed on a case-by-case basis and judged according to the actual situation.

Legal analysis: According to the relevant laws and regulations of China, the landlord has certain responsibilities for the tenant to quarrel with the neighbor. When citizens carry out activities, they must not endanger, prevent, or affect the normal production and life of others.

If the landlord knows that the sound has reached the level of disturbing the people or violating public order, but does not stop or report it, he or she needs to bear the corresponding civil liability and tort liability.

Legal basis: Article 57 of the Law of the People's Republic of China on Public Security Administration Punishments.

Where the lessor clearly knows that the tenant is using the rental 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 709 of the Civil Code of the People's Republic of China.

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.

Legal Analysis: If the tenant has a large tone, the landlord is also responsible. If the sound has reached the level of disturbing the people or violating the crime, and the landlord knows it but does not stop it and report it to the public security organ, he needs to bear legal responsibility.

Legal basis: Article 57 of the Law of the People's Republic of China on Public Security Administration Punishments: If the lessor clearly knows that the tenant is using the rental house to carry out criminal activities, but fails to report it to the public security organ, he shall be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are serious, they are to be detained for up to 5 days and may be concurrently fined up to 500 RMB.

Legal analysis: If the tenant affects the neighbor, has infringed on the neighbor's neighboring rights, and has affected the normal life of the neighbor, and the landlord does not care, the neighbor can sue the tenant to stop the violation.

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

Article 288:Owners of adjacent rights to immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.

Article 294: Owners of immovable property rights shall not burn oak and dispose of solid wastes in violation of state regulations, or discharge harmful substances such as air pollutants, water pollutants, soil pollutants, noise, light radiation, and electromagnetic radiation.

Summary. If the administrative counterpart feels that the police station is handling it illegally, he can make a complaint, and if the police station and its police have violated the law and discipline, they can call 110 to complain. In addition to receiving the police, 110 will also transfer complaints and reports to the police, and you can call 110 to transfer the police inspector to complain.

After the landlord rents out the house, if the tenant has a conflict with the neighbor, must the landlord be liable?

Hello, I am the cooperating lawyer of the platform and have received your question.

The owner is not responsible. If there is a conflict between the tenant and the neighbor, it is the personal behavior of the tenant, and the landlord is not jointly and severally liable. Since the tenant can rent a house by himself, it proves that he is a person who has the ability to act as a person, so he needs to be responsible for what he does, and it has nothing to do with the landlord.

If the administrative counterpart feels that the police station is dealing with it illegally, he can file a complaint, and if the police station and its police have violated the law and discipline, they can call 110 to complain. In addition to receiving the police, 110 will also transfer complaints and reports to the police, and you can complain by dialing 110 to transfer to Sakuraji Police Inspector.

For your above-mentioned questions, because the issues related to legal services are quite specialized, that is, the professional requirements for specific areas of the law firm are relatively high. So, if it's convenient for you, you can tell us what the dispute or trouble you are encountering now, so that I can provide you with appropriate advice and opinions.

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