Who Pays For Broken Appliance In Rented House

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· Author of Intellectual Property, Commercial, Company and Business Law In A Minute

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Living In China

Video 3

Today we shall talk about an issue that has happened almost every expat, or will happen in time as long as you live here for long enough. And that is: landlords refusing to pay for broken things in your apartment.

It may be a water heater that doesn’t heat up, an air-con that leaks, washing machine that makes your clothes even dirtier, or a TV that turns on and off in the middle of the night. Sounds scary doesn’t it? No, this is not a haunted house, it’s simply an appliance that has broken down.

You decide to call up your landlord about this problem, and then get a polite refusal. The landlord will simply tell you that it is your improper use that has caused this problem, and you can buy a new one at your own expense since you like to complain so much. One thing for certain is that the landlord is definitely not going to fix it.

The law actually says that the landlord is responsible for fixing broken appliances during the rental period unless stipulated otherwise in contract. You should first look in your contract to see whether it exists, and if it doesn’t, the landlord is responsible.

You should then take a photo and video of the faulty appliance and notify your landlord in writing over WeChat. The landlord is legally obligated to get it fixed. If he does not reply or just refuses, the law gives you the right to hire a professional to get it fixed first, then deduct this from next month’s rent. You must keep an invoice of the repair fees and send a photo of that to your landlord.

Legal Basis

Civil Code

Article 712

A lessor shall perform the duty of maintaining the leased object, unless otherwise agreed by the parties.

Article 713

Where a leased object needs to be maintained or repaired, the lessee may request the lessor to have it maintained and repaired within a reasonable period of time. Where the lessor fails to perform the obligation of maintenance or repair, the lessee may maintain or repair the leased object by himself and the expenses thus incurred shall be borne by the lessor. If the maintenance or repair of the leased object affects the lessee’s use of it, the rent shall be reduced or the term of the lease shall be extended accordingly.

Where a leased object needs to be maintained or repaired due to the lessee’s negligence, the lessor shall not bear the obligation of maintenance or repair as provided in the preceding paragraph.

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