after a week’s cold bath, Ms. Zhou decided to move out of the house, which cost 3600 yuan and lasted for three months. When she left on July 12, there was no electricity in the house.
Ms. Zhou told Red Star news that in early July, she rented a single room in a suite in Wuhou District of Chengdu through an intermediary, but the house was cut off the next day. Later, she learned that as early as December last year, the property management of the community had raised a banner prohibiting “housing to business”, and cleaned up group rental hotels and B & B. And these, the intermediary did not mention a word when she was showing her the house.
Ms. Zhou and others wanted to refund the rent, but they were told by the intermediary that they needed to pay 200% of the liquidated damages, that is, two months’ rent. According to Ms. Zhou, there are seven tenants who have been hired by an intermediary in the same way. At present, some tenants have taken the intermediary company to court, and the people’s Court of Wuhou District has accepted the case.
① after renting a single room, it is known that group rental is prohibited in the community, and
is forced to power off
on July 17, Mr. Lin told Red Star news that in June of this year, he rented a single room in Crystal Tower of Jinjiang Garden City in Wuhou District through real estate intermediary company Chengdu Fengzhu Xiaojia real estate brokerage Co., Ltd. (hereinafter referred to as “Fengzhu Xiaojia”), with a monthly rent of less than 1200 yuan. Although the original set of four houses was partitioned into eight rooms by plywood, Mr. Lin felt that “the decoration and size of the house are his favorite appearance”.
Mr. Lin and others rented the single room
. Mr. Lin signed a one-year lease contract with Fengzhu’s small family, paying a total of more than 4700 yuan. The contract date starts on June 10, and Mr. Lin moved in on that day. However, on the morning of June 11, the house where Mr. Lin lived was cut off. “I saw that other rooms in the same house were also cut off. The tenants said that the electricity charge was sufficient, which was the reason why the property prohibited group renting in the community.”.
Mr. Lin only then knew that group rental and partition rooms were prohibited in the community. He found the sales agent, and the other side had been “negotiating” to reply to him. Later, Mr. Lin saw the banners hanging on the property in the residential area – “all the housing reform merchants will move out of the residential area before December 31, 2019” and “prohibit, resist and refuse the illegal acts of the housing reform merchants”. At the same time, he also saw the cleaning notice posted on May 19 this year in the property notice window.
Red Star News reporter saw the announcement in the picture provided by Mr. Lin: “Jinjiang huayuancheng community is a residential building with 70 years of property rights. It does not have the hardware infrastructure and supporting facilities of commercial office buildings (or commercial and residential buildings). No one is allowed to change the residential use to engage in business activities without authorization According to statistics, there are 98 “housing change merchants” (such as companies, group rental hotels, B & B, capsule apartments, etc.) in the community. After receiving complaints from the owners, the property committee and the property management committee cleaned up the users of the “housing reform merchants”
Red Star journalists called Chengdu Xinyi Property Co., Ltd. as a tenant, and a manager surnamed Zou confirmed that the announcement was true. “Now, all the houses in the community can’t be used as group rooms or small hotels. Illegal reconstruction of the house is not allowed, they live in the house there is a problem, the industry committee will not allow them to continue to live Mr. Zou said.
Mr. Lin said that on July 12, he received a notice from the property again, informing him that the house he rented did not meet the safety standards and violated the regulations to change the nature of the house. From May 23 to June 1, and from June 11 to now, the property committee and the property authority cut off power and asked the tenants to move out.
property issued a certificate that
had the same experience as Ms. Zhou. Because she was in a hurry to rent a house, Ms. Zhou saw that the house in Jinjiang garden city was good. She signed a rental agreement with Fengzhu on July 5. It belongs to the same flat as the single room rented by Mr. Lin. After several weeks of blackout, the “spekds” were reported to the police. After a cold bath for a week, Ms. Zhou decided to move out. When she left on July 12, there was no electricity in the house.
② asked to return the rent, the intermediary told that it needed to pay 200% liquidated damages.
Mr. Lin and Ms. Zhou had proposed to the sales staff of the intermediary company to change a house to live in, but the salesman told them to apply to the intermediary company, and then there was no following.
Ms. Zhou proposed to check out, and the salesman told her that she needed to compensate 200% of the penalty, that is, two months’ rent. If there is any objection, the tenant can sue the company through judicial procedures. Ms. Zhou questioned, why did the intermediary rent them problem houses, but also want them to pay liquidated damages? Later, she couldn’t reach the salesman.
“before me, there were other tenants who were unable to live because of the power failure of the property. At present, I have contacted a total of seven victims.” Mr. Lin said that when he asked for a refund, the salesman of the intermediary company also said that he needed to pay 200% liquidated damages.
Mr. Lin has filed a lawsuit in the court, and Wuhou District People’s court has accepted the case on June 16.
have communicated with the property management and learned that the intermediary has forged a contract to defraud power supply.
since in 2019, the community has posted relevant notices prohibiting group rental housing and housing reform business, and has taken power-off measures. Why can the intermediary take tenants to see and move in normally.
Mr. Lin showed a recording of his communication with the property on July 13. In the recording, the Red Star News reporter heard that manager Zou said that last year, the community had posted a banner of “no living to business”. In May this year, they posted a notice in the community, forbidding the use of houses as group rental houses. Once found out, the power supply was cut off. However, after the announcement was posted, Fengzhu’s house continued to bring people to see the house.
Mr. Lin introduced that on June 10, when the intermediary showed him the house, there was electricity in the house. In the recording, manager Zou told him, “from June 1 to June 1On January 0, we saw the contract signed by the landlord and the tenant before we got the electricity on. Later, we found that it was a fake contract that cheated the industry committee. The intermediary company was still operating, so it cut off the power to the house. “.
lived in a house without electricity for half a month. On July 5, Mr. Lin’s house was electrified again. “We saw that in order to quickly let people live in and sign contracts to collect money, the intermediary kicked open the door of the electric box and turned on the electricity secretly. Those families lived in for two days, and the property found out that the electricity was cut off.” Mr. Lin said, and that period was also the day when Ms. Zhou and others focused on the house.
hoped that the property could call the tenants, so they agreed to the intermediary’s request
Red Star News reporter contacted Ms. Lu, the landlord of the house rented by Mr. Lin and Ms. Zhou. She said that she had hoped that the property could call the tenants and agreed to the intermediary’s request (signing a fake contract), but “I tore up those contracts the next day.”.
Ms. Lu said that the real estate under her name was a rental contract signed with Chengdu Manrong Hengye real estate brokerage Co., Ltd., rather than Mr. Lin’s intermediary Fengzhu’s house. Red Star News reporter inquired through Tianyan that the legal person of Manrong Hengye was you Haiyan, and also the supervisor of Fengzhu’s family.
at the same time, Ms. Lu said that at the end of June, the intermediary should pay the rent for the next quarter, but it has not paid, which is in violation of the contract. In mid July, she found someone living in the house, so she changed the lock to take back the house. For this reason, the tenant also called the police.
Fengzhu Xiaojia staff:
are looking for the industry committee to discuss with the property management, hoping to agree to group rent
Red Star News reporter called Fengzhu Xiaojia as a tenant. A salesman surnamed Wang said that at present, Jinjiang Garden City has no houses to rent, and all the rental houses in it have been cut off. “We are working with the owners and other intermediary companies to discuss with the property committee, hoping to get them to agree to group rent.”.
said: “in early June, we communicated with the property through relevant departments, and (they promised) there would be no power cut. But all of a sudden it’s broken, so we’ve been negotiating. ”
later, the Red Star News reporter called the company again to identify himself. The salesman refused to respond. Another salesman surnamed Chen said, “we have signed an agreement with all the residents. At that time, three or four people went there and reached a settlement.” According to Ms. Zhou, it was confirmed that the tenants who had signed the settlement agreement had been refunded their rent for two months. However, she thought that the behavior of the intermediary company was fraud and wanted to ask for a statement, so she did not sign the settlement agreement. Mr. Lin also said he did not sign a settlement agreement.
at the same time, Jinjiang garden city community still has a number of joint rent advertisements on the Internet, which are published by different intermediary companies. Red Star News reporters contacted several of them, and they all said that the community can rent a group room at present.
on July 17, the Red Star News reporter called the housing construction and Transportation Bureau of Wuhou District to reflect the relevant situation. A staff member said that he was aware of the matter and would investigate and verify the situation with the intermediary company.
intermediary should bear the responsibility for breach of contract, if the situation is serious, it will be suspected of fraud.
Beijing Law Firm lawyer fan Chen believes that the intermediary company is aware that group rent is not allowed in Jinjiang huayuancheng community, but it still conceals the situation and deceives Mr. Lin and others to sign a house lease contract and pay the rent. If the tenant is cut off after check-in, the normal life can not be guaranteed, that is to say, the agreed purpose of the leased property can not be maintained. Obviously, the housing agency has constituted a serious breach of contract, and it needs to pay the tenant liquidated damages according to the contract.
“the housing agency conceals that the community can not group rent, even forges the contract, fraudulently obtains the power supply, deceives the renter to sign the housing lease contract, also constitutes the contract fraud, must bear the civil responsibility of returning the rent and compensating for the damage.” Fan Chen said that if the housing agency and staff cheat tenants seriously and the amount of fraud is large, they are suspected of fraud and should bear criminal responsibility. Song Hongyu, a lawyer from Taihe law firm of
, also believes that it is the intermediary’s responsibility to cut off the power of the tenant in this case. “Electricity is a necessary resource for housing. As a sublessee, the intermediary company fails to fulfill the obligation to ensure the normal use of the house by the tenant. The tenant may, based on the evidence, require the intermediary company to bear the liability for breach of contract according to Article 107 of the contract law, or claim to terminate the contract according to Article 94 of the contract law.”
Red Star News Reporter Yu zunsu intern reporter Guo Yimeng interviewees provide pictures of
original title: it is only when the power is cut off after the single room is checked in that the group rental is prohibited. The tenant informs the intermediary company of