Analysis Maintenance Obligations Of Housing Rent Contract

Lease contract is a bilateral Contract and paid contract, both parties of leasecontract are to fulfill certain obligations in exchange for the realization of certainrights. Rights and obligations of both parties include many aspects. In this paper, wemainly focus on housing rental contract and analysis maintenance obligations.Among Contract Law of the People’s Republic of China, this is just one legal provisionfor the maintenance obligations. Although the provisions of statutory law are extremelyvague, no one deny the importance of maintenance obligations in our daily life. Inparticular, more and more people choose to rental housing, clearing rights andobligations of both parties has significance to resolve disputes.Firstly, we should understand what is housing lease contract, then we analysis rightsand obligations of both parties, finally we explain under what circumstances maintenanceobligations can be applied to. Maintenance obligation is not a statutory absoluteobligation, it must satisfy certain conditions. Any conditions are not met, lessor canlawfully refuse to fulfill the obligation to repair rental housing.Duration of the lease relationship, lessee actually possess and use the house, sowhy the lessor to undertake maintenance obligations? Now we analyze what are the reasons of the legislation so provides maintenance obligations? Then we investigate the conceptof “maintain the leased property is suitable for use” and “implied warranty ofhabitability”. Through a series of analyzes to clear the importance of maintenanceobligations in rental contract.It is not enough to understand the concept of maintenance obligations itself, weshould know in what conditions lessor should accept this responsibility. This articleanalysis special agreement of the parties, the reasons caused housing damage, type ofhousing rental, rent and many Influencing factors.Under normal circumstances, lessor should accept the maintenance obligation. If hedoes not fulfill his obligations, he will be what kind of punishment? Whether the lesseecan terminate the contract or not? If there is a loss, who will compensate for damages?We need answer all these questions.In summary, in our country contract law, there is just a general and board provisions.This article will analyze many problems relating to maintenance obligation.