As a case | Rental maintenance, who should pay the bill?

2022-09-16

In the case, Xiao Zhang and Xiao Wu, the lessor, signed the House Lease Contract, which agreed that Xiao Zhang would lease the house under Xiao Wu's name for a term of one year. After the contract expires, both parties have differences in handling the handover. Xiao Zhang said that the faucet, water heater and drain outlet of the toilet were damaged during his residence. He repeatedly asked Xiao Wu to repair them but failed. Unfortunately, he spent 1000 yuan on replacing and repairing them himself. Xiao Zhang asked Xiao Wu to pay the cost, but Xiao Wu disagreed. Then, who should bear the maintenance cost? According to the case, Xiao Wu, the landlord, should bear the responsibility. Article 712 of the Civil Code stipulates that the lessor shall perform the maintenance obligation of the lease item, unless otherwise agreed by the parties. Article 713 of the Civil Code stipulates that the lessee may request the lessor to repair the leased property within a reasonable period of time when it needs repair. If the lessor fails to perform its maintenance obligations, the lessee may carry out maintenance on its own, and the maintenance costs shall be borne by the lessor. If the lessee's use is affected by the maintenance of the lease item, the rent shall be reduced or the lease term shall be extended accordingly. If the lease item needs to be repaired due to the fault of the lessee, the lessor shall not assume the obligation of repair as prescribed in the preceding paragraph. (Liu Xinshe)

Edit:Yi Bing    Responsible editor:Wei Li Bin

Source:people.com.cn

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