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at the beginning of August, it was only in the news that another housing leasing company was running away, and the landlord and tenant were cheated to protect their rights. Xiao Yang, the tenant, was still worried. As a result, it happened within half a month.

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it is understood that a leasing company called “Lianhe home” in Chengdu collects the rent and deposit of a few thousand tenants through the way of “high charge and low rent”, and the descendants go to the empty building. In the case of the landlord did not receive the rent, some landlords said they would drive out the tenants and forced to check out.

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are reported to have been cheated by more than 2000 people, involving tens of millions of yuan. According to the staff of the local sub district office: after the cheated persons are registered, they will be handed over to the local police station for unified economic investigation. Police said that they are now collecting relevant information and will file a case for investigation if they meet the filing standards.

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rent for half a year, but they were expelled from the

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rental agency, which is commonly known as the charter company. Chengdu Lianhe Home Technology Co., Ltd. (hereinafter referred to as “Lianhe house”) is such a company. Less than a year after its establishment, Lianhe house signed a “asset management service contract” with the landlord in the form of “high collection and low rent” to obtain housing resources, and then attracted tenants to sign long-term “housing lease contract” for one to two years with low rent.

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however, after charging the rent of the tenants, the “United house” has been deserted for the reason that the company’s operation is in crisis. The landlord did not receive the rent, and some landlords said they would change the lock, drive out the tenants and forcibly take over the house. At 10:30 on August 15,

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stood in a long line of more than 200 meters under the office building of Yingxiang · fortune field in the high tech Zone to submit materials to protect their rights. She told Red Star news that she had just graduated this year. After obtaining information about renting houses on the Internet, a “connected house” agency recommended a three bedroom house in Qingyang District to her and signed a lease contract on June 23.

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are less than told reporters that the rent is 1850 yuan per month and a one-year contract is signed. They paid half a year’s rent and deposit in advance, and paid 12950 yuan to the designated bank account of Lianhe house.

however, before two months of living, on August 14, the landlord came to the house and said, “we have been cheated, either continue to rent the rent, or move out within today.” In the face of the first time to meet the landlord, less than to call the intermediary to find that they have been unable to contact each other. Because of the fear of the landlord changing locks and driving people, she also left a person to guard in the rental house.

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is smaller than the signed lease contract

. When she talked with the landlord, she found that she rented a house of 1850 yuan / month, but the intermediary paid 2400 yuan / month to the landlord, which was significantly higher than the price of the same community. ” Less than said that they have never met the landlord since signing the contract. At the beginning, they asked to meet with the landlord, but the intermediary said the landlord was out of town, “inconvenient.”

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safeguard rights “the agent of”

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“went empty, and the tenant and the landlord knew that they had been cheated. Mr. Zhou, the landlord from Chenghua District, was also a little excited at the scene of queuing. “If I had known he would have rented it at 1350, I would not have, because it must have been a fraud.” According to Mr. Zhou, on July 30, the intermediary of “Lianhe house” came to the door and wanted to rent his one bedroom house at a monthly rent of 2170 yuan. Mr. Zhou also had doubts at the beginning, because the rent of the same type of house in the community was about 1800 yuan / month, but under the lobbying of the intermediary, he believed it.

“the intermediary said that if their company wants to be the first in the market, it has to” burn money “to seize the market. Moreover, the house is charged one by one. According to common sense, there will be one month’s idle period every year. The average price is similar to the market price.” After the intermediary issued the company’s business license to Mr. Zhou, Mr. Zhou signed a contract with the intermediary on July 31 and received the first month’s rent. The tenant moved in on August 2.

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on the evening of August 14, he did not know what had happened until he came to ask the tenant. The intermediary rented the house in his hand at 2170 yuan / month, and finally rented it to the tenant at a low price of 1350 yuan / month, and the tenant also paid the rent and deposit of nearly 18000 yuan a year. Now, Mr. Zhou and Xiao Guo, the tenant, are also negotiating the follow-up matters. For how to deal with it, both sides are very embarrassed, “I’m afraid it will be unpleasant.” Mr. Zhou said.

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Ms. Yang from Jintang also rented a two bedroom apartment at the price of 750 yuan / month. Finally, she learned that the intermediary signed a contract with the owner at the price of 1500 yuan / month. Miss Yang said that it has always been a single line contact, and did not meet the landlord.

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Red Star journalists have learned that the office building where the “United house” is located has been deserted. The defenders come from Chengdu’s Shuangliu District, Longquanyi District, Jintang County, Pidu District, Wenjiang District, Chenghua District, Jinjiang District, etc.

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reporters can see from the registration form on the spot that most of the tenants’ payment amount is about 8000-30000 yuan. According to the on-site registration personnel, more than 1000 cheaters came to register yesterday, “hundreds of people were registered this morning, and there should be people coming in these days.”

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Red Star journalists joined the rights protection group of the tenants. As of the morning of August 15, there were 2000 people in the group, which had reached the upper limit of the number. After that, many tenants who claimed to protect their rights joined group 2.

↑ the registration form of on-site rights protection shows that most of the payment amount is more than 10000.

according to the staff of Fangcao Street office, who maintains order at the scene, “now register first. After registration, all the data will be handed over to the police station for unified economic investigation.” It is reported that at present, tenants have complained to 12345 mayor’s hotline and the Municipal Bureau of housing and urban rural development.

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more than 1000 people registered that they had been cheated and were collecting information, but the case had not yet been put on file.

Red Star News reporter inquired through Tianyan that Chengdu Lianhe Home Technology Co., LtdThe company was established on November 12, 2019, and its legal representative is Nie Chao. The registered capital of the company is RMB 5 million, which is in existence at present. The reporter saw that on August 3, the legal representative of the company was changed from Nie Chao to Fu Nengqiang.

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reporters found that Nie Chao also established the Chongqing Branch of Chengdu Lianhe Home Technology Co., Ltd. on July 8 this year, but no one answered the registration calls of the above companies.

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} Tianyan inspection shows that on August 3, the company changed its legal person.

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reporters today learned that there are more than 1000 cheated people registered. Will they file a case? The police said they would collect relevant information, “if they meet the filing standards, they will file a case for investigation.” At present, the person in charge of the company has not been contacted and is in the stage of collecting information.

according to a real estate related person, this “high collection and low rent” mode is risky. They rely on “rent difference” and service fees to make profits, earn short-term cash flow through “long-term collection and short-term payment” to expand the market, or invest in other high-risk and high-return projects. Once the capital chain breaks down, it is likely that the company will close down or run away.

according to the person, the general formal housing agency, when signing the “housing lease contract”, the landlord, the tenant and the intermediary are all present. What’s more, the rent is directly transferred from the tenant to the landlord, and the intermediary only charges the intermediary fee. However, according to the reporter’s understanding, the rent of the “linked house” tenant is directly transferred to the designated account, not directly handed over to the landlord.

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Lawyers:

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companies or landlords and tenants involved in criminal crimes can report to the scene of

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. Many landlords have indicated that they may consider compulsory repossession because they have not received the rent for a long time. The Red Star News reporter learned that “Lianhe house” and the tenant have signed the “housing lease contract”, and the landlord and “Lianhe house” have signed the “asset entrusted management service contract”, “power of attorney” and “Declaration of the co owner’s consent to the entrusted management”.

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mentioned in the power of attorney signed by

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that the client (landlord) entrusts Lianhe house to manage the operation, management and rental of the house in accordance with the law, signs the “house lease contract” with the House Lessee, and collects the house rent and pays the relevant fees.

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↑ chat records show that some tenants have been forced out of

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. So, does the landlord have the right to forcibly take over the house now?

Qiu Wenfeng, a lawyer of

Sichuan henghexin law firm, believes that the landlord entrusts the leasing company to take full responsibility for the operation, management and rental of the house, signs the “house lease contract” with the lessee on behalf of the owner, collects the house rent and pays the relevant fees, while the tenant signs the lease contract with the leasing company, pays the rent, and enjoys the right to continue to use the leased house The right of.

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charter companies have the purpose of illegal occupation or constitute a crime of embezzlement. The public security organs shall investigate the criminal responsibility according to law.

↑ queue to protect rights

Zeng Lingang, a lawyer of

Sichuan Aonan law firm, believes that from a civil point of view, according to the relevant contract signed between the landlord and the intermediary, it is called “asset entrusted management service contract”, which is actually a “lease contract”. Therefore, it does not belong to the agency, because the legal result of agency is that the rights, obligations and even risks of the agent are borne by the landlord rather than the intermediary company. However, the agreement and actual performance of the contract are not so, especially the agreement that the intermediary company should pay the rent before the house is let out belongs to the content of the typical lease contract, rather than the agent in the ordinary sense. Therefore, if the asset management contract is identified as a lease contract, according to the contract, the landlord has the right to terminate the contract and take back the house.

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if the landlord cancels the contract, the contract signed between the tenant and the intermediary cannot be effectively performed, and the tenant can claim his rights from the intermediary company. On the issue of the landlord taking back the house, the tenant can negotiate with the landlord.

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but it can be clear that, whether between the landlord and the tenant, the intermediary’s behavior constitutes a breach of contract. Both the landlord and the tenant can claim the rights of the intermediary company, file a lawsuit and require it to bear the corresponding responsibility.

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in addition, the intermediary company established less than a year ago, adopts “high collection and low rent” and the difference is large, which is obviously loss trading. After absorbing a large amount of funds in a short time, it runs away, and the legal representative has been replaced, which is not in line with the normal business model. If it is for the purpose of illegal possession, it may involve criminal crime, that is, fraud. Both the landlord and the tenant can report to the public security organ for investigation and recovery.

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finally, the lawyer suggested that the best way to rent a house is to sign a contract between the tenant and the landlord himself, and the best way to pay rent is to pay the landlord’s bank card. It is not advisable to trust sublease to avoid disputes.

Red Star News reporter Hu Ting Zhang Ling photographed and reported

original title: tenants be careful! The running money of a leasing company after “high charge and low rent” may involve tens of millions of