Does the tenant have to repair or compensate if he damages the rented house?

1. Who is responsible for repairs when the rental property is damaged?

According to Article 472 of the 2015 Civil Code, a property lease contract is an agreement between the parties, according to which the lessor delivers the property to the lessee for use for a period of time, and the lessee must pay rent.

Regarding the obligations of the lessor, according to Article 477 of the 2015 Civil Code, the lessor needs to:

- Ensure that the leased property is in the agreed condition, suitable for the rental purpose throughout the rental period; must repair any damage or defects of the leased property, except for minor damage that the lessee must repair by himself according to custom.

- In case the leased property's value decreases without the fault of the lessee, the lessee has the right to request the lessor to take one or more of the following measures:

+ Property repair;

+ Rent discount;

+ Exchange other assets or unilaterally terminate the contract and request compensation for damages, if the leased asset has defects that the lessee does not know about or the leased asset cannot be repaired and therefore the purpose of the lease cannot be achieved.

- In case the lessor has been notified but does not repair or does not repair in a timely manner, the lessee has the right to repair the leased property at a reasonable cost, but must notify the lessor and has the right to request the lessor to pay the repair costs.

Regarding the obligations of the lessee, Article 479 of the 2015 Civil Code stipulates as follows:

- The lessee must preserve the leased property, maintain it and make minor repairs; if lost or damaged, compensation must be paid. The lessee is not responsible for natural wear and tear due to the use of the leased property.

- The lessee may renovate and increase the value of the leased property, if agreed by the lessor, and has the right to request the lessor to pay reasonable costs.

From the above regulations, the responsibility for repairing damaged rented houses is divided into two cases:

- If the house you rent is damaged through no fault of yours, you have the right to request the landlord to repair the house. The landlord is obliged to repair, maintain the house, and fix the damage. In case the landlord deliberately does not repair or maintain the house, you can repair it yourself and notify the landlord and request the landlord to pay for the repair costs. In this case, you can also terminate the rental contract and request the landlord to compensate for the damage caused by the house.

- If the house is damaged due to your fault, you are responsible for repairing and compensating for the damage caused by the damaged house. However, you are not responsible for natural wear and tear caused by using the rented house.

Thus, to determine who is responsible for repairing and restoring the house, it is necessary to see which party is responsible for the serious damage and deterioration of the house.

2. Does the tenant have to pay compensation for damage to the rented house?

According to Clause 1, Article 479 of the 2015 Civil Code, if the house is damaged due to the tenant's fault in not maintaining the rented house during the rental period, in addition to having to repair it, the tenant must also compensate the landlord for loss or damage to the rented property.

Regarding the determination of the level of compensation for damages, it is stipulated in Article 585 of the 2015 Civil Code as follows:

Actual damages must be compensated in full and promptly. The parties may agree on the level of compensation, the form of compensation in cash, in kind or by performing a task, and the method of compensation in one lump sum or in multiple installments, unless otherwise provided by law.

Accordingly, based on the actual damage to the rented house, the lessor can negotiate with the lessor on the level of compensation for damages, the form of compensation for damages (money, in kind...) or the method of compensation (one-time, periodic or multiple...).

In which, the damages include:

- Repair costs for rented house and rental items.

- Damaged or destroyed property.

- Benefits associated with the use and exploitation of the rented house and accompanying rental assets.

Thus, if the house is damaged due to the tenant's fault, in addition to having to repair it, the tenant must also compensate the landlord for damages.