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案例2015年5同1日,李先生与刘先生约定,承租刘先生的一套别墅,租期为5年,租金一次付清,交付租金后即可入住。洽谈时,刘先生告诉李先生,屋顶有漏水现象。为了尽快与女友结婚,李先生对此未置可否,付清租金后与女友入住,两个月后就办理了结婚登记。婚后不久别墅屋顶开始漏水。李先生要求刘先生进行维修,刘先生则认为在订立合同时已对漏水问题提前作了告知,李先生当时并无异议,仍同意承租,故现在刘先生不应承担维修义务。于是,李先生自购了一批瓦片,找到朋友开的装修公司进行维修。装修工人更换了漏水的旧瓦片,同时按照李先生的意思,对别墅进行了较大装修,刘先生对此并不知情。由于装修对别墅改动较大,别墅屋顶出现大面积漏水,给别墅照成了一定的损失。刘先生要求李先生赔偿,协商未果,遂诉至人民法院。
Case 5, 2015 On the same day, Mr. Li and Mr. Liu agreed to rent a villa of Mr. Liu for a term of 5 years. The rent will be paid in full and the rent will be paid upon check-in. During the negotiation, Mr. Liu told Mr. Lee that the roof had water leakage. In order to marry his girlfriend as soon as possible, Mr. Lee did not answer this, pay the rent to stay with his girlfriend, two months after the registration of marriage. Villa roof began to leak soon after marriage. Mr. Lee asked Mr. Liu for maintenance. Mr. LAU thought that he had advised on the leakage problem in advance when he entered into the contract. Mr. Lee had no objection at that time and still agreed to let him lend him. Therefore, Mr Lau should not assume maintenance obligations now. As a result, Mr. Lee bought a number of tiles, found a friend to open the decoration company for maintenance. Renovation workers replaced the leakage of the old tile, at the same time in accordance with the meaning of Mr. Li, the villa was renovated, Mr. Liu did not know this. Due to the renovation of a larger villa, villa roof large area leakage, according to the villa into a certain loss. Mr. Liu asked Mr. Lee compensation, unsuccessful negotiations, then sued to the people’s court.