On March 14, 2004, I signed a rental contract with Lee. The contract stipulated that I would rent Lee’s two-bedroom house at a monthly rent of RMB 1,500 for two years, and the property management fee would be borne by me.
Shortly after check-in, I obtained Lee's consent and decided to renovate the house, spending a total of 3,000 yuan.
In early July 2005, due to work reasons, plans to leave Beijing, I negotiated with Lee to rent. Both parties successfully lifted the housing lease contract. However, I propose that the investment in housing renovation should be 3,000 yuan, and Lee should be compensated by 1,000 yuan.
In this regard, Lee's attitude was tough, saying that the decoration was my first choice. Although he had agreed to it, but did not involve the cost, the two parties did not sign a contract for the compensation fee, so they did not give compensation, and even asked to remove all the decoration and restore the original appearance. . According to the law, how should this decoration fee be shared?
Jiangsu Wang
Lawyer’s point of view:
Article 223 of the Contract Law of the People's Republic of China stipulates: “A lessee may, with the consent of the lessor, make improvements to the leased property or add additional items. The lessee, if he has not agreed to the lessor, improve or add any other thing to the lease item, The lessor may require the lessee to restore the status quo or to compensate for the loss."
This article is a newly added provision on beneficial expenses. The main purpose is to facilitate the lessee’s exercise of the lease right without prejudice to the lessor’s interests and to facilitate the lessee’s life or business. The so-called beneficial expenses refer to the expenses incurred by the lessee to increase the value of the leased property.
According to the provisions of our country’s contract law, the contingent fee must have the following conditions:
1. The lessee's improvement or addition must be approved by the lessor. Otherwise, the tenant is obliged to restore the status quo.
Second, this fee is used to improve the leased property or add other things. If it is only necessary to maintain the necessary state of use of the leased property, it is not beneficial.
Third, this expense will increase the value of the leased property. If the expenditure does not increase the value of the leased property, it will not constitute beneficial expenses.
In addition, the beneficial costs are completely different from the maintenance costs. The term "maintenance" refers to repairing the leased property when the leased property is not in a contractual state of use, so that the lessee can use it normally according to the contract.
With regard to beneficial expenses, China's "Contract Law" does not require the charterer's fees to be returned.
Therefore, the lessee’s improvements or additions to the leased property shall all be owned by the lessor upon expiry of the lease contract.
The lessor does not need to return the lessee or pay the corresponding consideration.
Of course, if the two parties sign an agreement that does not violate the law and do not harm the interests of the country and others, the agreement is protected by law.
In this case, the lessee Wang’s decoration cost of 3,000 yuan for rental housing should be a good expense, not a maintenance cost. Therefore, he has no right to demand that Lee compensate the decoration cost of 1,000 yuan.
At the same time, the tenant Wang's decoration of the house was approved by the lessor Lee, so Lee had no right to request Wang to restore the house.
Entrance decoration restaurant renovated house
Type
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Description
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