Had a good chat with the landlord when renting
As soon as the trouble of quitting the lease comes?
For example, landlords come up with all sorts of reasons
Deposit will not be returned
In April of this year
A landlord in Shangrao, Jiangxi Province when the tenant checked out
Carrying a searchlight inspecting the room inch by inch
and claimed more than 10,000 yuan
"Lantern Damage Assessment"
It sparked heated discussions for a while
It resonated with everyone
In the end, it's because
Quite a few people have stepped on the pit when renting a house
Encounter the problem of surrender and loss assessment
Landlords and tenants
How to correctly understand the rights and responsibilities of each other?
What does the mainland civil code say?
Let's take a look first
Beijing Chaoyang District People's Court
Cases adjudicated
The landlord made it difficult to check out
Even the toilet seat needs to be replaced
Overview of the case
In Chaoyang, Beijing, Ms. Hu signed a lease contract with the landlord, Mr. Li. After the lease contract expired, Ms. Hu asked to move out and return the deposit of 14,000 yuan.
But the landlord, Mr. Li, refused to return the deposit, and both parties called the police for this.
In court, Ms. Hu complained that the landlord made it difficult to check out, and even asked for the toilet seat to be replaced. In order to avoid entanglement, after I bought a brand new one, the other party still refused to return the deposit.
The landlord, Mr. Li, said that when the house was handed over, Ms. Hu's white shelves and garbage were left in the house, and at the same time, the cabinet door in the rented house was not opened and closed smoothly, the water heater was not heated, the water purifier could not provide clean water, the water purification equipment installed in the bathroom faucet was not removed, and the walls, screens and radiators in many parts of the house were damaged.
In response, the landlord filed a counterclaim, demanding that Ms. Hu compensate 20,000 yuan for the cost of repairing the house and pay 8,400 yuan in liquidated damages.
After the trial, the court held that
The landlord, Mr. Li, stated that the shelves left in the house were not bulky items and could be cleaned with a single effort, the faucet installation equipment could be restored by simple disassembly, and the cabinet door opening and closing could be repaired by adjusting the hinges or dampers, so Mr. Li's corresponding claim could not be a reason for him to refuse to return the deposit.
In addition, the court did not support his claim that the water purifier could not provide clean water.
Judge Han Long of the Chaoyang District People's Court of Beijing:
The water purifier was provided by the landlord, Mr. Li, at the time of leasing, and Mr. Li did not replace the filter element during the entire rental period.
Mr. Li's request for Ms. Hu to replace the filter cartridge on the grounds that it did not provide clean water when he checked out was groundless and unreasonable, so the court also rejected it.
With regard to the multiple wall damages of the house claimed by Mr. Li, the damage to the walls caused by the relocation of the air-conditioner was caused by the two parties after the relocation was negotiated by the two parties and should not be compensated by Ms. Hu.
However, the damage to other parts of the wall, because the parties did not indicate the damage in the lease contract, should have been caused by Ms. Hu during the use of the building, and the damage did affect the use and aesthetics of the house, and Ms. Hu should compensate Mr. Li for the corresponding losses.
The court did not accept Mr. Li's claim that the screen and radiator were broken, and that the water heater was not heated due to lack of evidence to support it.
Verdict
In the end, the court ordered the landlord, Mr. Li, to return Ms. Hu's deposit of 14,000 yuan, and Ms. Hu to pay the landlord 2,000 yuan in compensation.
As can be seen from the case above
At check-out
The landlord refused to return the deposit for various reasons
and did not receive support from the courts
But as a tenant
Also use the house with care
Otherwise, damage will be caused
It is also liable for compensation
If the tenant can find strong evidence
Prove that it is not caused by your own unreasonable use
You can decisively refuse the landlord's unreasonable demands
For example, the following case
The walls of the house are moldy
The landlord claimed $5,000 from the tenant
Overview of the case
Xiao Xu, who lives in Haidian, Beijing, rented a house for one year and the rent was 5,500 yuan per month because the new house was being renovated and needed to be turnover.
When I first moved in in the summer, although it was an old house and the old community was being renovated, I didn't have any problems living there. In October, due to frequent rain, Xiao Xu found that the walls of the house had problems such as moisture resurgence, mold, and bulging wall skin, so he sent photos and videos to tell the landlord.
Wang Xin, assistant judge of Beijing No. 1 Intermediate People's Court:
The landlord went to the scene to inspect and judged that it was because they were cooking or washing clothes, which caused a lot of moisture in the house. Let's just pay attention to open the windows for ventilation, and wipe it when there is water at ordinary times, and the tenants also do it in accordance with this requirement.
In December, the landlord sent a WeChat message to Xiao Xu, saying, "The moldy house is related to improper living maintenance, and it is also related to the construction of the old community." Now that there are workers here, take the opportunity to repair it, and I will not hold your side responsible. ”
Tenant Xiao Xu believes that he is not responsible for the moldy walls of the house. Subsequently, the landlord Li sued Xiao Xu to the court, demanding compensation of 5,000 yuan for house maintenance costs.
During the trial, the tenant Xiao Xu said that he used the house normally, and the mold was due to the quality of the house decoration, and the old community was being renovated at that time, the walls were covered with green cloth, and there was almost no light indoors for more than a month, coupled with a lot of rain. In order to dehumidify, in addition to frequent ventilation, I also purchased a dehumidification box.
In court, Xiao Xu also provided a screenshot of the community secretary's WeChat transfer of 3,000 yuan to the landlord Li, and the remarks were: convey the construction compensation given to the owner by the construction party for the renovation of the old community for the mold caused by rain leakage.
After the trial, the court held that
After the moldy wall of the house, according to the communication between the two parties, Xiao Xu had communicated with his family to open the window daily and purchase a dehumidification box to deal with it, as the tenant had fulfilled the corresponding obligation to reduce damages, and the outsider had already compensated the landlord Li for the rain leakage and mold of the house involved in the case, so based on the existing evidence and the facts ascertained by the court, the moldy wall of the house could not be proved to be caused by the improper use of the tenant Xiao Xu.
Court decision
The court finally rejected the landlord Li's claim for Xiao Xu to compensate 5,000 yuan for maintenance costs.
After the house is rented out for use
Inevitably, there will be some attrition
What is normal wear and tear
No tenant compensation is required
What damages need to be compensated for?
Civil Code of the Mainland
What is the rule about this?
Reasonable wear and tear on the leased property
The tenant is not liable for compensation
Article 710 of the Civil Code of the People's Republic of China provides:
If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased item, resulting in the loss of the leased item, it shall not be liable for compensation.
The judge explained this
"Attrition" here is reasonable attrition
It refers to the normal wear and tear, volatilization, oxidation or other functional degradation or degradation of the leased property.
Including floor wear, aging of furniture and electrical appliances, kitchen stains, pilling on the surface of sofas, etc.
For these reasonable losses
The lessor at the time of entering into the lease contract
The value of the leased property for which depreciation has been made
It is included in the rent
Therefore, the lessee is not liable for compensation
But if the lessee breaches the contract
Causing damage to the house and furniture
Then you will be liable for compensation
For example, the rental contract clearly states that pets are not allowed indoors, and if the tenant causes damage to the furniture due to unauthorized breeding, then compensation must be paid.
In some cases, the tenant has put wallpaper on the wall on his own initiative, or has made partitions for decoration, etc., which is called attachment in law.
Judge Wu Yangxin of the Beijing No. 1 Intermediate People's Court:
Some tenants believe that after pasting the wallpaper, they can add value to the house, and they can't take it away when they check out, and they are left to the landlord for free.
In fact, this is a misunderstanding. Because under normal circumstances, if the house is decorated, including partitions, it must be agreed by the landlord. If the landlord does not agree, and the tenant does these acts without authorization, he must not only restore the original state, but also compensate for the damage caused by the restoration of the property.
For rental disputes
How to prevent in advance and protect rights after the fact
Dai Hailong, a partner and lawyer at Shanghai Guanjun Law Firm, said that the key to housing lease is the contract, which is the starting source of the legal relationship between the two parties.
He suggested that tenants should carefully read the terms of the contract before signing the contract, and pay special attention to the rent, liquidated damages, deposits, etc., to ensure that their rights and interests can be protected.
In order to understand one's rights, one needs to be more mindful of one's obligations and which obligations may have adverse consequences if they are violated.
If the contract is vague, or even some matters are not agreed, the two parties can negotiate again to supplement it. There are no terms in the contract or the agreement is not clear, which is the key point to pay attention to. At the same time, it is necessary to pay great attention to the validity of the contract, and many lease disputes are caused by not paying attention to the timeliness.
You've encountered it before
Is there a dispute at check-out?
How did you deal with it?
Let's talk in the comments section
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Edit | Lao Ziyin
Proofreading | Cai Shiyan, Liao Jingwen, Zhou Xiaoyuan, Huang Ruiyu
Proofreading | Lan permanently
Executive Producer | Zheng Yongtao
Source of information | CCTV news client, CCTV network, surging news