Dissatisfied with the 8,000 yuan rent owed, the landlord spray-painted "Money Oweed" on the door. Does this constitute a crime of damage? ｜Lawyer Li Yusheng explains the crime of damage and related issues in reviewing lease contracts

Dissatisfied with the 8,000 yuan rent owed, the landlord spray-painted "Money Oweed" on the door ∣ Sanli News reporters Yang Xinyi and Gu Yuansong

News link:https://youtu.be/GHwi48OgdU4

The landlord failed to collect the debt, so he spray-painted it to vent his anger! In Banqiao, New Taipei City, a man rented a house with his friends. After renting it for two months, he owed 8,000 yuan. He originally agreed on a time to repay the debt, but lost contact. The landlord was so angry that he found an accomplice and went to the tenant's new home to spray paint. He was asked to pay back the money quickly, so he was ultimately charged with damages, breach of reputation and intimidation.
A group of people crossed the road and stopped in front of a house. They were groping around and seemed to be behaving normally. They thought they were friends chatting. They rode away after a while, but the owner of the house got up early in the morning. , unexpectedly found that the iron rolling door of my house had become like this.
The big bright red spray paint with the word "owed money" written on it was very eye-catching. Anyone passing by would take a second look. But afterward, he checked the surveillance camera at the door of his house and found that the person who committed the crime was his friend and his previous landlord.
The incident occurred in Banqiao, New Taipei City. Police investigation revealed that the man surnamed Lin who was spray-painted previously rented a house with a 22-year-old friend surnamed Chen. After renting for two months, he owed 8,000,000 yuan in rent. It was originally agreed that he would pay it back at a time, but the man surnamed Lin However, contact was lost. The landlord thought that no one could be found after sending the message, so he got angry and grabbed his accomplices to spray paint together to vent his anger. He was sued for defamation, intimidation and defamation.
However, afterwards, when the landlord surnamed Chen was sued for damage, he said that the spray paint he bought was very clear. As for damaging his reputation, he believed that he was only telling the truth. Regarding the threats, he said that he just wanted to ask the other party to pay back the money. Think so much.

Legal issues related to the crime of damage

Lawyer Li Yusheng said that if the red paint can be easily removed, it may not have reached the level of damage. However, if the red paint is difficult to remove, it may still constitute a crime of damage under the criminal law, and the person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or a fine of not more than 30,000 yuan.

Things to note in a lease contract

Before signing a lease, it is crucial to review the contents of the lease carefully. A lease contract is not just a simple legal document for renting or leasing a house. It also stipulates the rights and obligations of both parties to the lease and ensures fairness and legality in the leasing process. Here are a few key things to note when reviewing a lease:

1. Lease period

Start by confirming the length of the rental period and the start and end dates. This includes whether the lease has an automatic renewal clause and, if so, what are the terms of renewal. A clear agreement on the lease period can avoid future disputes over the lease period.

2. Rent and other expenses

It is essential to confirm the amount of the rent, the method of payment and the date on which it will be paid. Also check to see if other fees are included, such as management fees, utilities, garbage disposal, etc. If there is a deposit, its amount, payment method and return conditions should be clearly stated.

3. Scope of use of the leased property

The scope and purpose of the leased property need to be clearly stated in the contract. For example, whether commercial activities are allowed, whether alterations or renovations are allowed, whether pets are allowed, etc. These details can help avoid misunderstandings and disputes during the leasing process.

4. Repair and maintenance responsibilities

The lease contract should specify the responsibilities of both parties in terms of repairs and maintenance. Generally speaking, major structural repairs are usually the responsibility of the landlord, while minor, routine repairs are the responsibility of the tenant. The terms in this section should be spelled out in detail to avoid future disputes over repairs.

5. Early Termination Clause

Understand the circumstances under which a lease can be terminated early and the required notice period and liquidated damages. An early termination clause is a safeguard for both parties and helps provide a legal basis in the event of unforeseen circumstances.

6. Deposit Terms

The handling of the deposit is an easily disputed part of the lease contract. The amount, payment method, storage method and return conditions of the deposit should be clearly stipulated, including the circumstances under which the deposit can be deducted and the standards for deduction.

7. Liability for breach of contract

The lease agreement should clearly state the breach of contract and its corresponding liability and compensation clauses. This includes, but is not limited to, handling of breaches of contract such as late payment of rent, subletting without permission, unauthorized changes to the structure of the house, etc.

8. Dispute Resolution

The contract should contain a dispute resolution clause that stipulates how disputes between the parties will be handled. Usually includes negotiation, mediation, arbitration or litigation. This part of the clause helps provide a way to resolve disputes and reduce the losses of both parties.

9. Contracting Party Information

Confirm whether the information of all contracting parties in the lease contract is correct, including names, contact information, ID numbers, etc. The accuracy of this information is related to the validity and legality of the contract.

10. Signature and Witness

When signing the contract, it is recommended that both parties be present at the same time and sign to confirm. If conditions permit, you can invite a third-party witness or sign under the witness of a lawyer to increase the legal effect of the contract.

Reviewing a lease agreement is an important task that requires careful attention. Carefully reviewing and understanding each clause can avoid many troubles and disputes in the future. It is recommended that before signing a lease contract, you seek the advice of a professional legal advisor to ensure the fairness and legality of the contract to protect your own rights and interests.

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