Case of rent leakage 1
Mr. Lu, who lives in Mentougou District, encountered an annoyance. He and his wife went out to play with relatives for two days, only to find that there was a "flood" at home when they came back, and the walls, sofas, books, wooden floors and other objects were soaked upside down. After careful inspection, Mr. Lu thinks that the "flood" at home may be caused by water leakage from upstairs residents. With this in mind, he found the renter upstairs and demanded compensation for his losses.
I learned this story from Mr. Lu Na. It turned out that there was dripping water at the heating pipe interface a few days ago. I told the landlord Li that I didn't want the dripping water at the heating pipe interface to turn into water leakage, so Li came to repair it. After that, Xiao Shao immediately found a maintenance worker to repair it and cleaned up the accumulated water on the floor where he lived. He didn't realize the problem of water leakage at that time. In the face of Mr. Lu's claim, it is less than that he is only the user of the house as the lessee, not the owner. If this happens under the normal use of the house, he should not bear the loss compensation of Mr. Lu.
So Mr. Lu found the landlord Li, and Li said, "Since my house has been rented out, such a thing happened during the lease period, which belongs to the problem of the lessee's use, and I should not bear the responsibility." Mr. Lu estimated that it would cost about 20 thousand yuan to restore the family to its original state, but now things have been delayed, which makes him very depressed. Later, a friend reminded Mr. Lu to call the hotline of the District Legal Aid Center to ask who should bear the loss and how to bear it.
Case 2 of renting a house leaking water
20 10 rented a house on the second floor of Mr. Zhang to engage in self-employment. One morning, I went to the rented house and found it was full of water. It turned out that the main water pipe was aging, cracked and leaking.
Later, my neighbor downstairs found me and told me that the water seeped downstairs, which caused the newly renovated ceiling of my neighbor to collapse and the floor to be damaged, and asked me for compensation.
Who is responsible for the leak in renting a house?
1. If there is no agreement between you and the landlord that the maintenance of water pipes should be undertaken by you, you are not at fault, and the loss downstairs is caused by the aging of water pipes, then you don't need to be liable for compensation, and the landlord will be liable for compensation. Article 216 of the Contract Law stipulates: "The lessor shall deliver the lease item to the lessee as agreed, and keep the lease item in line with the agreed purpose during the lease period." Article 220 stipulates: "The lessor shall perform the maintenance obligations of the lease item, unless otherwise agreed by the parties."
If you are at fault, you should be liable for compensation. The so-called fault, in this case, refers to the state that you know or should know that the water pipe is aging and there is a danger of rupture, but you have not taken measures to prevent the damage. According to Article 222 of the Contract Law: "The lessee shall take good care of the leased property, and shall be liable for damages if the leased property is damaged or lost due to improper care." The second paragraph of Article 106 of the General Principles of the Civil Law stipulates: "Citizens and legal persons who infringe on the property of the state or the collective or the property or person of others due to their faults shall bear civil liability."
There is a clear agreement between you and the landlord that the maintenance of water pipes shall be borne by you and you shall be liable for compensation. According to Article 8 of the Contract Law: "A legally established contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization. Contracts established according to law are protected by law. "
(The above answers were published on 2015-12-16. Please refer to the actual situation for the current purchase policy. )
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