First, the rental housing is damaged, you can ask for maintenance.
Case: After graduating from primary school, college students rented private houses in the local urban area. A while ago, because the house was in disrepair, there was a phenomenon of water leakage and rain leakage. Xiao went to the landlord for maintenance, but the landlord thought that since the house had been rented to Xiao, Xiao should be responsible for the maintenance work, so he did not agree to be responsible for the maintenance. In desperation, Xiao had to hire someone to repair the house himself, which cost 1000 yuan at once. For this cost, Xiao and the landlord were deadlocked and unwilling to bear it, and then they went to court. The court ruled that the rental maintenance fee should be borne by the landlord, and the small amount can be offset in the rent.
Analysis: Articles 220 and 22 1 of China's Contract Law stipulate that the lessor shall perform the maintenance obligations of the leased property, unless otherwise agreed by the parties. When the lease item needs maintenance, the lessee may require the lessor to maintain it within a reasonable period of time. If the lessor fails to perform the maintenance obligation, the lessee can carry out the maintenance by himself, and the maintenance expenses shall be borne by the lessor. Therefore, it is the lessor's basic obligation to ensure that the leased property is suitable for use and carry out necessary maintenance when the parties have not agreed on the maintenance of the house. In this case, Xiaohe's landlord did not agree on the maintenance fee, so the landlord should be responsible for the maintenance of the house. Xiaohe should find the landlord to repair it himself, and the maintenance fee should be borne by the landlord.
Two, rental decoration, you can claim compensation.
Case: Xiaoling and Xiaolin are a couple who are about to get married. Before they got married, they rented a commercial house from Lao Li for use, and the two sides agreed that the lease period would be three years. Because Lao Li's house is a rough house, after renting it, Xiaoling and Xiaolin, with Lao Li's consent, simply decorated the house, installed security window, paved the floor, and installed air conditioners and telephones indoors. Not long ago, Lao Li proposed to Xiaoling and Xiaolin to cancel the lease contract because his son was in a hurry to get married. Xiaoling and Xiaolin expressed their understanding and agreement, but asked Lao Li to compensate them for their renovation investment, so the two sides failed to reach an agreement through consultation. Xiaoling and Xiaolin refused to move out, and Lao Li filed a lawsuit in the people's court.
Analysis: Article 86 of the Opinions of the Higher People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates that if a non-property owner adds an appendage to another person's property, the property owner agrees to add it. If there is an agreement on the handling of the appendage when returning the property, it shall be handled according to the agreement; If there is no agreement and negotiation fails, it can be dismantled or ordered to be dismantled; If it cannot be dismantled, it can also be discounted to the property owner; If losses are caused to the property owner, he shall be liable for compensation.
Accordingly, the security window and the floor in this case will obviously damage the value of the goods, which should be appraised and compensated by Lao Li. Removable items, such as air conditioners and telephones, should be removed and taken away by Xiaoling and Xiaolin.
Third, renting a house for sale can give priority to purchase.
Case: Xiao Zhang and Lao Hu signed a house lease agreement, stipulating that Lao Hu would lease his house to Xiao Zhang for use. When the lease of the house was about to expire, Xiao Zhang found Lao Hu to discuss continuing to rent a house, but Lao Hu told him that the house had been sold to his colleague He Mou and could not be rented to him any more. It turned out that because of the urgent need for money, Lao Hu sold the house to his colleague He Mou for 500,000 yuan. Xiao Zhang has lived in this house for nearly a year. He is satisfied with the function, quality and real estate environment of this house and wants to buy it. After consulting relevant legal persons, he claimed the preemptive right to the court and demanded that the house sales contract between Lao Hu and He Mou be invalid.
Analysis: The lessee's preemptive right means that when the lessor sells the leased property within the validity period of the lease contract, it shall notify the lessee within a reasonable period before the sale, and the lessee shall have the right to purchase the leased property in priority to other buyers under the same conditions. The preemptive right is an important right of the lessee, which is protected by law and shall not be violated by anyone. Article 230th of the Contract Law of People's Republic of China (PRC) stipulates that if the lessor sells the leased house, it shall notify the lessee within a reasonable period before the sale, and the lessee shall have the preemptive right under the same conditions. In this case, Xiao Zhang is the legal lessee of the house, and his claim of preemptive right under the same conditions should be supported.
Fourth, renting a house, you can continue to rent.
Case: Xiao Li, who works in Beijing, rented a one-bedroom house from Uncle Wu, and both parties signed a two-year lease agreement. However, something unexpected happened. During the lease period, Uncle Wu died of illness. After Uncle Wu died, the house was inherited by his son Xiao Wu. Xiao Wu found Xiao Li and said that the house belonged to him, giving Xiao Li three days to move out. Xiao Li thought that his house lease contract had not expired, so he refused to hand over the house. The two sides failed to negotiate, and Xiao Wu sued Xiao Li to the court and asked Xiao Li to move out within a time limit. After trial, the court rejected Xiao Wu's claim according to law.
Analysis: In the house lease contract, if the right of the house is transferred due to sale, gift or inheritance during the lease period, the lessee's right to use the house is not affected by the change of the house right, that is, the house lease contract is still valid for the third party (the new owner of the house). This is the so-called business-unbreakable lease Article 229 of China's Contract Law stipulates that during the lease period, if the rights of the leased property are changed, the validity of the lease contract will not be affected. The law establishes an inseparable lease system to protect the legitimate rights and interests of the lessee. In this case, although Xiao Wu has obtained the right to the house, he should still fulfill the lease agreement signed by his father, Uncle Wu and Xiao Li until the lease term expires.