Did not sign a contract, did not pay rent, gym still practice two years many, landlord is helpless, sue its to the court. After the court adjudicates, this gym tenement still refus is not vacated return a house, default chummage, up-to-date.
On April 15, sichuan is saved court of people of river lasher city undertook enforcing vacating retreating to this gym.
Executive judge is being made vacate retreat note
When buying a room to take over, already was decorated gym
Rent did not sign a contract however
In January 2017, some is in Chengdu man Zhao Mou, Zhao Mou the commodity house that industrial district of river lasher city bought a floor area to be 592.73 square metre. But when take over, they discover, this flatlet house was decorated already a gym.
The gymnastical appliance inside gym
Original, in Zhao Mou, Zhao Mou some is bought before, this flatlet house is by development Shang Huayi company entrusts tripartite to think of achieve a company to act as agent, let into travel sale by its wait for relevant matters concerned. During this, think of achieve company and some reachs He Mou of Jiang Yan's man oral agreement, make this flatlet room by He Mou some bear hire, but both sides did not sign the written contract that rent.
In May 2016, he Mou some enters the arena decorate, use at beginning formally to manage with annual bottom. In gym practice before long, some buys Zhao Mou, Zhao Mou next this flatlet house, sign with company of development Shang Huayi " agreement of complement of contract of commodity house business " , think of achieve a company to made extraordinary agreement on this agreement on January 23, 2017: The house that some buys Zhao Mou, Zhao Mou shows by He Mou some bear hire.
Looking be like after handing over the job in perfect orderly, produced a lot of problem however.
In He Mou some bear between lease, both sides still fails to sign the written contract that rent, in pay hire the respect, he Mou some square protracted all the time also shuffle. Via Zhao Mou, Zhao Mou some is urged after closing, why such-and-such Ceng Yu is one-time in May 2018 pay hire 30 thousand yuan to two people, but in after this a single cent or penny outstanding, till now.
Forensic court decision is vacated retreat
Undertake enforcing executive after refus nonperformance
On October 10, 2018, zhao Mou, Zhao is such-and-such to to lodge a complaint of court of Jiang Yan's people, the requirement is sentenced make remove some factual building rents its and He Mou contract, pay place to owe hire.
After classics of river lasher court is tried, think, from Zhao Mou, Zhao Mou some is bought hind, this building all the time by He Mou some bear hire use, during He Mou some also paid a part rent to two people. Accordingly, although both sides did not sign the written contract that rent, but already built in fact the building rents a contract, belong to the nonsked contract that rent.
Basis " contract law of People's Republic of China " the 232nd regulation, party did not agree to leasing time or the agreement is ambiguous, regard as nonsked rent. This kind nonsked rent after tenant informs before reasonable time, party can remove at any time.
The court adjudicates finally, lessor Zhao Mou, Zhao is such-and-such the requirement removes the litigant request of the contract has at the law according to, give support, adjudicate some should vacate He Mou retreat its bear the building that lease.
According to the executive judge of this case introduced from the northern and western nationalities or from abroad judge introduces, on January 15, 2019, zhao Mou, Zhao is such-and-such applied for to be carried out compulsively to the court, after this, the court is in this gym paste vacate cancel announcement. "But He Mou of person be executived by application the obligation of copy clerk of law of become effective of some refus nonperformance, do not vacate remove shop front, 2 do not give pay rent, so we decide concentration undertakes enforcing vacating retreating. So we decide concentration undertakes enforcing vacating retreating..
Gymnastical equipment still is in
Owe hire a person to already was brought into to break one's promise person list
On April 15 afternoon 14 when make, red star journalist follows the member that the executive judge of river lasher court reachs executive person, come to this gym doorway that will be vacated compulsively to retreat.
Just walked out of elevator, the one lot that putting at the door " 500 pieces of fitness year card sends only do not sell " conspicuous Yi Labao, but information desk unmanned guard, indoor there is few visitors, also take exercise without the client, but the gymnastical equipment of full to the brim still wears in the keep in the room: Training back flesh implement, enlarge bosom trains implement, stool of ball of back drawing machine, ran machine, fitness, situp... grain silk was not moved.
Inside this gym, now unmanned already take exercise
The delegate person of landlord one party tells red star journalist, oneself urge gym operator a few times to sign written contract all not if really, but under be obliged to sue a court, "Still owing to now 7, 80 thousand yuan hire. "Still owing to now 7, 80 thousand yuan hire..
Carry out to this, the manner of gym how?
Journalist of Mr Chen Xiang Gongxing shows gym controller, "Did not sign a contract with landlord really, but we and the contract that open business to sign, they are one-sided terminates a contract, we can apply for countercharge to safeguard our rights and interests. We can apply for countercharge to safeguard our rights and interests..
Should the rent owing pay that did not pay to returning manage like where?
Introduced from the northern and western nationalities or from abroad judge expresses, he Mou of person be executived some had been brought into break his promise to be carried out person list, undertook bounds to its tall (restrict high spending) , to its bank deposit and car and other property undertook inquiring, but in have not check at present can offer executive belongings and clue, "Next, the likelihood will adopt coercive measures to its. The likelihood will adopt coercive measures to its..
Travel photography reports Chen Liu of red star journalist
Edit Wang Yintao
