Traditional Culture Encyclopedia - Hotel franchise - Who pays for the renovation of the apartment rented to the hotel?
Who pays for the renovation of the apartment rented to the hotel?
At present, it is not mandatory to stipulate who will pay for the renovation of apartments to hotels. Mainly depends on whether there is a specific agreement in the contract. Generally, if there is an agreement, it shall be implemented in accordance with the contract. If there is no agreement, it shall be settled by the lessor and the lessee through consultation. Decoration without the consent of the lessor: If the lessee's decoration behavior is not approved by the lessor, the decoration expenses shall be borne by the lessee. Because the lessee's decoration is for his own benefit, without the consent of the lessor, the lessor cannot be required to bear the decoration expenses. Where the lessor agrees to decorate: the lessee's decoration behavior has obtained the lessor's consent, and the lessee shall bear the decoration and repair expenses. If there is no special agreement or supplementary agreement, the lessee can only bear the cost of house decoration. In addition, in general, the renovation of the main structure belongs to the lessor, and the aging ancillary facilities belong to the lessor. If the main structure and ancillary facilities of the house are damaged due to improper use by the lessee, the lessee shall be responsible for compensation.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 711 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 712 The lessor shall perform the maintenance obligations of the lease item, unless otherwise agreed by the parties.
Article 713 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.
If the lease item needs maintenance due to the fault of the lessee, the lessor shall not undertake the maintenance obligation specified in the preceding paragraph.
Derivative problem:
Does the lessee have the preemptive right?
The lessee has the preemptive right. Where the lessor sells the leased house, it shall notify the lessee within a reasonable period before the sale, and the lessee has the preemptive right under the same conditions; Except that the house is preempted by the owner or the lessor sells the house to a close relative.
After the lessor performs the notification obligation, if the lessee fails to explicitly express the purchase within fifteen days, it shall be deemed that the lessee has waived the preemptive right. If the lessor fails to notify the lessee or there are other circumstances that prevent the lessee from exercising the preemptive right, the lessee may request the lessor to bear the liability for compensation.
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