Foreign Tenant Faces Damaged Property: Who Picks Up the Bill?
文摘
2025-01-07 17:38
英国
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Reader Inquiry
Price (a pseudonym), an international student in China, asked:"I rented an apartment off-campus for study purposes. I've heard that tenants are responsible for property damage during the lease. I would like to know: if external forces cause damage to the property, is the foreign tenant liable for compensation?"Hello! Generally, under a lease agreement, unless otherwise specified, the tenant is not responsible for damage to the property caused by factors beyond their control. However, liability for damage caused by external forces depends on the specific circumstances. Here’s a detailed explanation:1. Damage Caused by Natural Disasters or Force MajeureIf the property is damaged due to force majeure events, such as heavy rain, floods, or earthquakes, the property owner (the landlord) bears the consequences, and the tenant is not liable.According to Article 729 of the Civil Code of the People's Republic of China, if leased property is partially or completely damaged or destroyed due to reasons not attributable to the tenant, the tenant may request a reduction or waiver of rent. If the damage renders the lease agreement impossible to fulfill, the tenant has the right to terminate the contract.For newer properties, tenants can review the Residential Quality Guarantee provided by the developer to check whether the damage occurred within the guaranteed disaster-resistance standards. If the property fails to meet these standards, the property owner can claim compensation from the developer.2. Damage Caused by Construction or External ForcesIf the damage is caused by neighboring properties (e.g., improper renovations) or external construction activities (e.g., high-intensity road or rail projects), the responsible party (neighbor or construction entity) must compensate for the loss.Articles 238 and 296 of the Civil Code state that those infringing upon property rights must compensate for damages caused to the owner. During the lease period, such damages do not fall under the tenant’s responsibility.3. Tenant’s Misuse Causing DamageIf property damage results from improper use by the tenant, the tenant is liable.According to Articles 714 and 1165 of the Civil Code, tenants must handle leased properties responsibly. If negligence leads to damage, the tenant must compensate the landlord. For instance, if a fire occurs due to the tenant’s improper use of appliances, the tenant is responsible for the damage. However, if the fire is caused by a neighbor’s actions, the tenant is not liable.4. Confirming Property Insurance Before RentingBefore renting, tenants should confirm with the landlord whether the property is insured. If the landlord has purchased property insurance, the insurance company may compensate for damages based on the policy terms. The insured party must provide relevant documentation to process the claim.Regardless of the cause of property damage, it is crucial to retain evidence, such as photos and reports.Source: OneTubeDaily, 人民日报海外版![]()
