Guohui Beijing | "Pu La Online" is not enough to buy a house. Is it annoying to rent a house?
Author:Guohui view Time:2022.08.19
Most people choose to rent a house in the big cities, and most people will choose to rent a house. Renting a house may encounter all kinds of troubles. How to solve it?
1
I paid the air -conditioning maintenance fee, please transfer it to me the landlord
Xiaoyu rented a house with a slightly simple facility. It was midsummer and the company was indispensable. The master said that the use of the air conditioner is too long, the refrigeration effect decreases, which is a normal loss of the air conditioner. It cost 500 yuan to replace the compressor. When Xiaoyu claimed to the landlord with the invoice, the landlord thought that Xiaoyu should bear the maintenance fee.
Who will bear the maintenance fee? If the natural losses of furniture in the house should be borne by the landlord; if the normal loss is consumed, the lessee should be borne by the lessee.
Article 710 of the Civil Code stipulates: "The lessee is used in accordance with the agreed method or the leased property is used in accordance with the nature of the leased property.
Article 711 of the Civil Code stipulates: "If the lessee fails to use the leased property in accordance with the agreed method or the nature of the leased property, the leased property will be lost, the lessor can terminate the contract and request compensation for losses." If it is inside the house The natural loss of furniture shall be borne by the landlord; if the normal loss is, the lessee shall borne. The cause of the damage to the air conditioner is "disrepair for the years", so the landlord should be borne by the landlord.
2
I'm not afraid of cold, please stop the heating of heating
Xiaojiang is a young man who is often fitness. He has a good physical fitness. He leases a three -bedroom room with two other men. Winter is here. When others wear long sleeves in the room, Xiaojiang is already sweating. He thinks The heating in the north is too hot. You do n’t need it, you also need to bear the heating fee corresponding to the bedroom area. If it is not cost -effective, he asked the landlord if he heating the heating is stopped. Warm fee, but considering that there are multiple lesters in the house, and the tenants in the future are likely to have heating, and there is no request to agree with Xiaojiang.
If the lessee is the only one, can they stop warm?
The law does not stipulate this and can negotiate with the landlord. I think that the heating fee generally accounts for 10%to 30%of the heating fee of the year, and a fee is paid when restoring heating. Who is the burden of stop warm fees? The heating fee is generally borne by the lessee. Based on this, the heating fee should also be borne by the lessee.
3
The rental period has not arrived, the landlord has changed
Xiao He rented a house of one -bedroom. After a year of rent, half a year later, the landlord said that he sold the house to others. The new landlord hoped to move in as soon as possible. Xiao He, a jurisprudence, only said that six words are enough to solve: "Buying or selling does not break the lease." According to Article 725 of the Civil Code: "If the leased property changes the ownership within the period of the lease contract, it will not affect the change of ownership, which does not affect The effectiveness of the lease contract. "Based on this, Xiaohe can continue to live in the house for half a year until the lease period is full before moving away.
Moreover, the original landlord infringed from Xiao He's right to purchase. He should first ask Xiao why he was willing to buy this house. According to Article 726 of the Civil Code: "If the lessor sells the rental house, the lessee shall notify the lessee within the reasonable period before the betrayal, and the lessee shall enjoy the right to purchase by the same conditions; Except for the right to purchase or the lessor to sell the house to the close relatives. After the lessor fulfills the notice obligations, the lessee does not clearly say that the purchase of the purchase within 15 days is deemed to be the right to give up the right to buy. "
4
The incident suddenly, the termination of the contract is not as good as one month notice
Xiao Zhu worked in a new media company and was responsible for editing short videos. One day she suddenly received a call. The other party was "digging people" and gave better treatment. Xiao Zhu decided to join the company. Xiao Zhu explained that he would leave one month later. The new unit and the original unit were far away. Xiao Zhu decided to move to the new company to live, so he asked the landlord to understand the appointment. The landlord said that Xiao Zhu needs to notify himself one month in advance, and he must be moved for another month before moving away.
Xiao Zhu said that she was willing to pay a month's rent and would move away within a week. The landlord agreed to this plan, but said that he would not refund the deposit of Xiaozhu, and the amount of deposit was the same as the one -month rent.
Xiao Zhu did not recognize the plan proposed by the landlord, and pointed out that the lease contract stated: "Article 5 of the situation of not refunding the deposit: one party lifts the contract and notify the other party one month in advance." There is no legal and contract regulations for paying a month -on -month rent. Combined with the relevant cases of the China Morning Book Network, Xiao Zhu's situation should be dealt with this situation: the landlord does not refund the deposit, and the calculation cycle is calculated in one month. Multiply by 5 costs.
Law Popular knowledge
Suggestions and platform rental, although the commission is required, can avoid some uncertain risks. If you still choose to rent directly to the landlord, it is recommended that the two parties sign a written lease contract. Article 507 of the Civil Code stipulates: "If the lease period is more than six months, a written form should be adopted. It is deemed to be leased from time to time. "If the landlord is unwilling to sign a written contract with himself, the lease period is more than 6 months.
What should I contain the rental contract?
Article 14 of the "Beijing Housing Rental Regulations" stipulates the content that the lease contract should be included: (1) the identity information and contact information of the lessor, lessee and other actual residents; , Furniture and home appliances such as indoor facilities; (3) rent and deposit amount, payment period and method, the amount of deposit generally does not exceed one month's rent; (4) rental use and house use requirements; Responsibility for maintenance of housing and its auxiliary facilities; (7) Affairs of related expenses such as property services, water, electricity, heat, and gas; 10) Other content agreed by the parties. The lessee is recommended to check whether the home appliances inside the house can be used normally, because if maintenance, who will bear the problem of the cost.
Is it illegal to separate the living room? The provisions of Article 13, paragraph 4 of the "Beijing Housing Rental Regulations" violated: the room designed by the original plan is the minimum rental unit, and it must not be partitioned to change the internal structure of the house;
If one master bedroom is divided into two small bedrooms violated? The provisions of Article 13, paragraph 3, paragraph 3 of the "Beijing Housing Rental Regulations": The room designed by the original plan is the minimum rental unit, and it must not be partitioned to change the internal structure of the house;
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