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Who is responsible for the sewer blockage of tenants?
According to the Contract Law of People's Republic of China (PRC):
Article 218 Where the lessee uses the lease item according to the agreed method or the nature of the lease item, thereby causing losses to the lease item, it shall not be liable for damages.
Article 219 Where the lessee fails to use the lease item in accordance with the agreed method or the nature of the lease item, thereby causing losses to the lease item, the lessor may terminate the contract and demand compensation for the losses.
Article 220 The lessor shall perform the maintenance obligations of the lease item, unless otherwise agreed by the parties.
Article 221 Where the lease item needs maintenance, the lessee may require the lessor to maintain it within a reasonable period of time. If the lessor fails to perform the maintenance obligation, the lessee can carry out the maintenance by himself, and the maintenance expenses shall be borne by the lessor. If the maintenance of the leased property affects the lessee's use, the rent shall be reduced or the lease term shall be extended accordingly.
Extended data:
Who will pay for the blockage and backflow of sewage?
Ms. Chen is the owner of New Town International Huadu Community in Yuelu District. Some time ago, due to the frequent blockage of the toilet sewer, feces often overflowed into the living room. Although the residential property has been cleaned up, the problem of bad smell and dirty walls at home has not been solved. On May 14, Ms. Chen called xiaoxiang morning herald 96360, hoping that the reporter could help her reach a compensation agreement with the property.
On 20 1 1, Ms. Chen purchased a property on the floor of 1 Building in this residential area. Last August, she rented out her house to others and made a family restaurant. Last month, the restaurant owner broke his contract and refused to rent it. The reason is that the toilet sewer is always blocked, the feces flow backwards, and the living room is full of feces, which affects business.
Manager Chen, a residential property manager, said that the sewer was blocked because there were many renovations in new houses, more garbage in pipelines and more lampblack in restaurants. He said that not long ago, it was completely dredged and a new sewer pipe was replaced. With the renovation of a large number of new houses, the restaurant moved away. "As long as it is used in a standardized way, sewer blockage should not happen again."
As for the issue of compensation, he said that a decision can only be made after the responsibility appraisal. He denied that the sewer settings were unreasonable, saying that any buildings and projects in the community were professionally designed and approved by many departments such as planning.
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