دعوی الزام به تعمیرات اساسی

باید دانست كه تعمیرات اساسی به عهده موجر و تعمیرات غیراساسی و جزیی به عهده مستأجر است تشخیص اینكه تعمیر مورد نیاز از مصادیق اساسی یا غیر اساسی است با دادگاه است .

مستند چنین دعوایی مواد 20 ، 21 و 22 قانون روابط موجر و مستأجر مصوب 1356 می باشد .

– در ماده 20 مجری تعمیرات اساسی و غیر اساسی مشخص شده است .

– ماده 21 اشعار می دارد [رسیدگی به اختلاف بین موجر و مستأجر راجع به تعمیرات با دادگاه است …]

– و ماده 22 در خصوص ممانعت مستأجر از انجام تعمیرات چنین بیان می دارد كه ؛ [هر گاه مستأجر مانع مالك از انجام تعمیرات ضروری شود ، دادگاه مستأجر را به رفع ممانعت ملزم و مهلت مناسبی برای انجام تعمیرات تعیین می نماید . درصورت ادامه ممانعت دادگاه می تواند حكم به تخلیه موقت بنا برای مدت مذكور بدهد . در هر حال مستأجر مسئول خسارتی است كه در نتیجه ممانعت از تعمیر بنا حاصل شده باشد . ] تعمیرات تأسیسات و قسمت های مشترك آپارتمان های مشمول قانون رسیدگی به دعاوی تعمیرات اساسی خارج از نوبت و بدون تشریفات دادرسی صورت خواهدگرفت و حكم دادگاه قطعی است.

منبع : melkban24.ir

مطالب مرتبط

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    براي مقابله با زلزله چگونه بسازيم: زلزله در كشورهاي پيشرفته خصوصا درزمينه ساختمان كه درگيري نزديكي هم با زلزله دارند ، همچون ژاپن و آمريكا تقريبا مهار شده است ، آنان توانسته اند با بهينه سازي ساختمانهايشان و رعايت اصول ايمني در ساخت و نظارت بر اجرا به نقطه اي…
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    براي خريد يا انتخاب يك واحد مسكوني يا آپارتمان خوب، چه ويژگي هايي را درنظر مي گيريد؟ حداقل پنج گام براي اين انتخاب مهم اساسي است: اهميت سبک زندگی، مساحت فضاهاي موردنياز، نسبت مشاعات ساختمان به مساحت كل آپارتمان، كيفيت ساختمان و كيفيت اجزاي آن. این مطلب صرفا برای خریداران…
  • 85
    براي خريد يا انتخاب يك واحد مسكوني يا آپارتمان خوب، چه ويژگي هايي را درنظر مي گيريد؟ حداقل پنج گام براي اين انتخاب، اساسي است: اهميت سبک زندگی، مساحت فضاهاي موردنياز، نسبت مشاعات ساختمان به مساحت كل آپارتمان، كيفيت ساختمان و كيفيت اجزاي آن. این مطلب صرفا برای خریداران آپارتمان…
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  • 75
    آیا تا به حال برایتان پیش آمده است که در یک اتاق احساس آرامش کنید یا حس کنید که فلان کافه دنج است اما آن یکی زیاد آرام و راحت نیست.یا در بعضی خانه ها و ادارات احساس سنگین بودن فضا به شما حالتی از رسمی بودن و تجمل القا…

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