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What responsibility does the upstairs tenant bear for disturbing the landlord?
I. Agreement in the lease contract
First of all, the lease contract signed by the landlord and the tenant is an important basis for the behavior of both parties. The contract usually stipulates the rules and precautions that tenants should abide by when using the house, including terms such as not disturbing the people. If the tenant violates these regulations, the landlord has the right to require the tenant to correct or take other legal measures to safeguard his rights and interests according to the contract.
Second, the landlord's management responsibility
As the lessor of the house, the landlord is responsible for the management of the house and its surrounding environment. When the tenant's behavior causes interference or damage to the neighbor, the landlord should actively intervene, communicate with the tenant and urge him to correct it. If the tenant refuses to correct, the landlord may need to take further measures, such as calling the police or bringing a lawsuit to the court, to safeguard public order and the legitimate rights and interests of neighbors.
Three. Provisions of laws and regulations
In addition, the landlord also needs to abide by relevant laws and regulations. According to the People's Republic of China (PRC) Public Security Administration Punishment Law and other relevant laws, the public security organs have the right to give warnings or fines and other penalties for making noise to interfere with the normal life of others. If the behavior of the upstairs tenant constitutes a nuisance, the landlord has the responsibility to cooperate with the relevant departments to investigate and deal with it.
To sum up:
If the tenant upstairs disturbs the people, the landlord needs to bear certain responsibilities according to the lease contract and relevant laws and regulations. Landlords should actively intervene in management to ensure that tenants' behavior conforms to laws, regulations and social ethics. When the tenant's behavior causes interference or damage to neighbors, the landlord has the right to ask the tenant to correct it and take legal measures to safeguard his rights and public order.
Legal basis:
People's Republic of China (PRC) Civil Code
Article seven hundred and ten stipulates:
If the lessee uses the lease item in accordance with the agreed method or the nature of the lease item, causing losses to the lease item, it shall not be liable for compensation.
People's Republic of China (PRC) Civil Code
Article seven hundred and eleven stipulates:
If the lessee fails to use the lease item in accordance with the agreed method or the nature of the lease item, thus causing losses to the lease item, the lessor may terminate the contract and demand compensation for the losses.
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 58 provides that:
Those who violate the laws and regulations on the prevention and control of noise pollution in social life and create noise to interfere with the normal life of others shall be given a warning; If no correction is made after warning, a fine ranging from 200 yuan to 500 yuan shall be imposed.
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