Xiaomei stayed in the rental house and felt that the decoration did not meet her aesthetics, so she posted the wallpaper on her own. I thought that the landlord picked up the cheap wallpaper, but I didn't expect that when I checked out, the landlord asked Xiaomei to restore her original state or compensate for the loss. Are landlord requests legitimate?
- Legal.
Article 715 of the Civil Code ....... If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.
Essentially, a lease contract is a form of contract in which the lessor transfers the right to use the leased property to the lessee in order to obtain rent, but retains ownership of the leased property. Therefore, when the lessee returns the leased property, it shall try its best to maintain the state of the leased object when the lessor provided it with the leased object, otherwise it shall be liable for compensation for the improper impairment of the value and efficiency of the leased object. In this case, without the consent of the landlord, Xiaomei put wallpaper on the wall of the rental house without authorization, on the one hand, it violated the tenant's obligation under the lease contract to reasonably use and properly keep the leased property, which constituted a breach of contract, and on the other hand, it may also infringe on the landlord's ownership, constituting a tort. Regardless of whether the landlord chooses to sue for breach of contract or tort, Xiaomei can be requested to compensate for the loss.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: original · Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Zixin
Review: Hao Zili
Producer: Zhao Min, Zhong Xiao
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