Is it legal for the owner to change the floor heat

2022-07-22
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"When I handed over the key to my house, I paid a 1000 Yuan decoration deposit, but the deposit was not refunded after the house was installed for a long time. I hope the reporter will pay attention." These two days, Mr. Jia, the owner of Lishui Qingyuan community, called and said that he was worried that his decoration deposit could not be refunded

Mr. Jia got the key to his new house in October 2013. At that time, he also paid a 1000 Yuan decoration deposit to the property, went through the decoration procedures, and began to decorate his new house; But the house was installed years ago, and the deposit has not been refunded yet. Afterwards, he found the property several times, and the property always said to refund, let him wait, "but two days ago, the property came to inspect the house, saying that I changed the floor heating, and the deposit was not refunded." Mr. Jia said that he didn't sign the decoration manual and didn't indicate the change of floor heating in other agreements, so he didn't refund the deposit, so he thought the property practice was unreasonable

lawyer wanghuimin believes that first of all, the owner's private reform of floor heating is wrong. As for whether the property can not refund the deposit on this basis, it depends on whether the property has fulfilled the clear prompt obligation when collecting the decoration deposit from the owner, and whether there are clear written provisions on the decoration deposit, such as what matters the owner violates, the property does not refund the deposit, otherwise it is unreasonable for the property not to refund the deposit

in these two days, Mr. Zhang, the owner of another community, is also having trouble about whether to pay the decoration deposit. "The property said that you can't move all the walls in the house, and you can't drill air conditioning holes, otherwise the 5000 yuan deposit will not be refunded." He believes that this clause is too "overlord", and the new house has not been decorated so far

Mr. Zhang got the key to his new house one month ago and planned to decorate and move in quickly. However, a decoration guarantee made him "flinch"

"my house has three bedrooms, two living rooms and two bathrooms. According to the requirements, we need to pay a 5000 Yuan decoration deposit. It's no problem to pay the deposit, but the decoration guarantee signed by the property management company is too harsh." He said that because the developer changed the original design, a light wall, that is, a non load-bearing wall, was added between the bedroom and the balcony. "I asked professionals that this wall can be demolished, but the property said that all the walls can't be moved. Even if the air-conditioning holes in the living room and bedroom can't be used, they can't be re perforated, otherwise the decoration deposit will not be refunded." Similar to his family, there are other homeowners of the same building. Everyone wants to understand whether this decoration agreement is reasonable

lawyer's reply: at present, the relevant laws and regulations have not clearly stipulated the decoration details such as non bearing walls. Therefore, as long as the owner does not change the original structure of the house during decoration and does not pose a threat to the whole house, the owner can decorate according to his personal needs

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