In recent years, the building market that rent is increasingly active, the profit pattern of building intermediary company trades from the both sides of past facilitating building that rent earn intermediary to serve cost, change leases a building to be in from house-owner again relet earns hire price difference thereby to tenement. Plant in this " middleman earns price difference " below management mode, intermediary company once break a contact, cause house-owner, tenement extremely likely two damage.
Be aimed at this kind of case, beijing goes in for sth in a large scale division people court combines specific example to undertake explaining, remind broad house-owner, tenement to add discretion more, avoid loss happening.
Intermediary stops pay hire tenant by drive out
Xiaozhu and some intermediary company sign a contract, conventional Xiaozhu its all one flatlet house rent this intermediary company, lease is two years, conventional exceed the time limit did not pay rent 30 days, home remedy of small Zhu Youquan removes contract, intermediary company hires amount by the month double Xiang Xiaozhu pays penalty due to breach of contract. After the contract signs nine month, intermediary company did not pay rent again, show this building to live actually by tenement Xiaochen use. In lawsuit, xiaozhu asks to remove contract, ask intermediary company pays the hire that default and penalty due to breach of contract, at the same time requirement intermediary company and small Chen Teng return a house. The renting contract that small Chen Ze holds to its and intermediary company are signed is lawful and active, different idea is vacated return a house.
The court thinks, after the contract of Xiaozhu and intermediary company removes, the building between Xiaochen and intermediary company rents a contract to cannot continue to fulfill in fact, because this Xiaochen has the obligation that vacates building of the case that retreat experience, sentence your intermediary company to pay to Xiaozhu deal with outstanding hire, pay penalty due to breach of contract according to contract agreement.
Be in another case in the case, xiaowang and some intermediary company sign a contract, small Wang Yi arranges delivery rent cost and cash pledge entirely. But rent period not full when, because house-owner small military did not get the rent of intermediary company, call the police ask small Wang Teng returns a house, nai of small Wang Mo is obliged from this move inside the building. Right now inn of intermediary company door already the person goes the building is empty, xiaowang is obliged to sue intermediary company to the court, ask its are returned had not expired building hire pays penalty due to breach of contract. The court thinks, intermediary company should return the hire during small still Wang Wei uses the building that rent actually, pay penalty due to breach of contract by contract agreement.
The judge points out, intermediary company beak a contract, of damage is house-owner not only, still have tenant. Tenement is opposite because of intermediary company house-owner break a contact, be asked to vacate the circumstance common occurance that returns a house by house-owner. To safeguard oneself rights and interests adequately, tenement should notice collect, save evidence, can let house-owner issue relevant proof, so that lawsuit from time to tome the fact that evidence confirms to the contract that rent cannot be fulfilled, reason and tenement hire calculative end time. When intermediary company cannot pay rent normally, house-owner should gather evidence in time, through complain or litigant means solves a problem as early as possible.
Retreat hire hand over detail to put hidden trouble without article
Besides rent kind of dispute, the dispute that by article of the building that rent damage causes also is absent a few. Xiaofeng rented one flatlet house from department of some intermediary firm, lease a year. The rent that Xiaofeng paid a year and cash pledge 3600 yuan. After the building expires, xiaofeng and intermediary company connected a building, cash pledge was not returned at that time. After this small Feng asks intermediary company returns deposit for many times, intermediary company ruptures with mesa of the kitchen inside the building, wooden floor wears away, the building is not clean etc for do not grant to return. Talk things over not after fruit, xiaofeng tells intermediary company to the court, requirement intermediary company returns deposit 3600 yuan.
Forensic cognizance thinks, intermediary company already rented experience case building again, the spot circumstance when Xiaofeng returns a house already cannot reductive, during Xiaofeng is rented, the attaint fact department that shows intermediary company to did not refer evidence to prove its advocate happens. Final, the court adjudicates 3600 yuan to intermediary company returns deposit of small still Feng.
To this kind of dispute, the to the building current situation when lessor of judge proposal building and tenant are renting or leasing a building undertakes affirming, form written character material, had better add video, picture, avoid to perform a procedure in the contract that rent medium or after the contract removes because the article inside house or establishment damage, be short of break produce issue.
Origin of intermediary aptitude building is checked before renting a house
Beijing goes in for sth in a large scale judge of division people court expresses, the intermediary company general operation of occurrence problem fluidity of small, personnel is great, the road runs instantly after break a contact, the dimension authority cost that causes house-owner or tenement and risk are opposite taller. The management behavior of building intermediary company involves housing to build the many service such as mechanism of branch of director branch, industrial and commercial mechanism, prices, public security to manage. House-owner or tenement are in be aware to intermediary company existence violates the likelihood when violating compasses act, should be mirrorred to relevant section for a short while or complain, compress the space that illegal behavior lives.
The judge reminds tenement, want to choose building intermediary orgnaization cautiously, the registering condition that can carry mechanism of Internet and industrial and commercial administration to inquire intermediary orgnaization, establish time and credit circumstance to reach have without corresponding aptitude, choose credit to spend taller intermediary orgnaization as far as possible. Tenement rents a building to need to find out intermediary company to whether have legal rental right, if intermediary company is made over room source, need examines what whether pass house-owner to agree; After renting, once discover building origin unidentified or existence controversy should remove as early as possible contract, avoid issue of be involved in, enlarge a loss.
In addition, tenement should inspect the state that leases a building, establishment and environment on the spot, do not be puzzled by low, credulous intermediary company is mixed to the introduction of the building from personnel of course of study description, the building power that should check intermediary orgnaization carefully to show belongs to what identification of certificate, house-owner and intermediary company and house-owner sign to entrust acting contract, the circumstance that expenses of company of understanding contract deadline for performance, intermediary hands in.
To house-owner, also should strengthen a risk to accuse oneself, to reduce oneself risk, the proposal agrees with intermediary company as far as possible year pay rent; After the building is rented by intermediary orgnaization, should ask intermediary orgnaization will rent the circumstance gives exposure, to the building the contract that rent undertakes backup, understand the identity information of tenement and the main item such as the deadline that rent adequately, discover the problem is on guard beforehand, solve in time, avoid by all means is done " swing palmar ark " .
