Eggshell landlord opens the door to drive out the tenant, and the latter relies on the civil code to popularize the law for the landlord

category:Finance
 Eggshell landlord opens the door to drive out the tenant, and the latter relies on the civil code to popularize the law for the landlord


Wang Hongyu posted the notice outside the door. Photo by Chen Yinan

The cover of the mediation agreement signed by Wang Hongyu and the daughter of the landlord. Provided by interviewees

The large alloy plate was carried out from the daughters house of the landlord next door through the short corridor, and Ann went back to the tenants house.

When you come back, the movement is much smaller than when you leave. On the afternoon of November 25, the landlord took her daughter and son-in-law to Wang Hongyus residence and demolished the gate with the number of 701 on the ground of maintenance.

Move! Dont say anything! This is my room, you have to go for me The landlord stood in the hall and pushed the door against the wall. Her son-in-law quickly removed the security door with an electric screwdriver.

In recent one month, eggshell apartment default rent caused owners to protect their rights. As the operator, eggshell acts as the agent for the owner, decorates and adds furniture, and then rents it to the tenant. This model was initially welcomed by both owners and tenants. Since 2020, eggshell cracks began to appear.

One

Wang Hongyu is in a hurry. Her roommate has just moved out. Her family only comes to Beijing from her hometown to visit her mother. She is over 60 years old. She is not familiar with her place of life and is in poor health. However, her trip will not be over for at least a week.

In June this year, she signed a housing agency lease contract with eggshell apartment, renting a 15 square meter bedroom in a two bedroom apartment in Beijing until June 10, 2021. After moving in, she learned that the landlord was a relocated household, and the landlords daughter lived next door. She usually opened an electric meter box to look for each other. She had been at peace.

On that day, judging from the fierce words of the landlord and the information searched on the Internet, Wang Hongyu generally understood that although she paid the one-year rent to the eggshell at the time of signing the contract, she did not pay the landlord on the appointed date.

The storm subsided because eggshell paid a months rent to the landlord, but Wang Hongyu at that time realized that the eggshell is going to die..

She sent a micro letter to the landladys daughter, explaining her mothers health, hoping that the other side dont always smash the door to find my mother, she cant solve any problems.. Her reply was, you have to move today. Sue me wherever you want..

Because she was in Chongqing, she couldnt get into the 12345 mayors hotline, so she called the neighborhood committee and asked repeatedly on the phone, hoping that the other party could help coordinate with the landlord and deal with it after she returned to Beijing.

Ive lost my place. Will I lose my job?

Fortunately, the phone worked, and with the intervention of community workers, the landlord restored water and power to the house before dark.

In her temporary office in Chongqing, she stood in the hallway and made a phone call, then returned to the venue to continue her busy work. In those days, her circle of friends published several pieces of work-related information. Almost no one saw that for several nights, when she returned to her hotel room, she would collapse and cry.

Two

This is Wang Hongyus third year in Beijing. In order to participate in the preferential activity of reducing the rent for two months, she paid more than 39000 yuan of rent for a whole year with her credit card when signing a contract with eggshell.

Its not easy to get rid of your little girls house. The landlord who did not receive the rent said. My mother was worried about being changed the lock. She only dared to go out to buy vegetables when it was not light. She called her in the evening because of palpitation and insomnia.

Wang Hongyu is ready for her return to Beijing on November 25. She read a large number of news reports on eggshells, searched for legal provisions related to housing leasing, and even joined several tenants to protect their rights. She knew that she was very reasonable as a tenant.

Unless the tenant and the eggshell contract is terminated, the tenant has the right to use the residence, and the right of use is prior to the landlords ownership. Wang Hongyu usually likes to study laws. After the introduction of the civil code of the peoples Republic of China, she immediately bought a copy and put it at home. She would look at it when she was free.

She asked her mother to paste a notice facing the owner and the lock master on the door, reminding the house of contract dispute, setting out the legal provisions, warning of illegal acts such as illegal unlocking, illegal intrusion into other peoples houses.

Safeguard our legitimate rights and interests according to law Ill spare no effort to accompany you The letter said.

Out of the Beijing airport, Wang Hongyu did not go home, but dragged her suitcase directly to eggshell apartment headquarters. I went there with a hard heart. Wang Hongyu said that she had seen videos of eggshell staff teaching landlords how to drive tenants away. I just want to know who told the landlords that they could do this, and if they told the landlords to do so, could they take corresponding responsibilities?

When she arrived at the headquarters, she found that the eggshells separated the landlords and tenants who came to protect their rights. She queued up for more than an hour, and the staff told her that at present, she could only terminate her contract. If she did not terminate the contract, she would have the right to live during the contract period. As for the landlords eviction, the other side did not say what solution.

Wang Hongyu felt that she was in a very bad mood. Instead of leaving through the back door according to the instructions of the eggshell staff, she deliberately went back to the entrance and yelled at the tenants who were still waiting in line: dont terminate the contract with eggshell! There will be no basis for rights protection if the contract is terminated!

She didnt dare to take the elevator to go home. The landlords daughter installed a monitoring device on the door, and she was afraid that they would rush over immediately when they knew they would come back.

Three

The landlords daughter called the police first. Do you know how arrogant she is, just a renter. The landlord complained to the police, are you interested in me? You are so shameful, you

The landlord said, this door is broken. Can we repair it? See the police did not reply, the landlord son-in-law from the next door with tools, less than 2 minutes to unload the door to move away.

At the moment when the police left, Wang Hongyu felt that the sky is going to fall.. Mother cried to persuade her to give in: you with such a person where to reason? But she was determined to stick to it, I dont trust anyone, I just believe in the law.. She asked her mother to call the police again.

Ten minutes later, three more policemen came to the same police station. They asked the landlord to install the door back, but the landlord refused. She claimed that she had terminated the contract with the eggshell. For the contract Wang Hongyu signed with the eggshell, she said, I dont look, I cant see..

No matter whats wrong with eggshell, her lease is not up yet. The police patiently explained, as for the contract problem, you can go to the court to sue, or use a reasonable and legal way, normal channels to find the community or judicial office. But in this way, you do infringe upon the rights of the tenant. You need to be responsible for the consequences of your actions. I suggest that you install the door now, because you have caused her damage when you open the door. If you want to compensate for all the losses.

She didnt give me the money. Let her go! The landlord replied.

The policeman replied, I have no right to let her go.

You have no power, I have power, this is my room! Said the landlord.

If you are suspected of committing a crime, I should deal with you. I will deal with you. Police said.

Recalling the words of the police on the scene, Wang Hongyus tears could not stop falling. It was the first time I felt someone standing with me, letting me know that I was sticking to the right thing and that I wasnt fighting alone.

The landlord returned to her daughters home, 20 minutes later, 120 ambulances came to take her away. The landladys daughter said that the old lady had a bad heart. Whats wrong with my mother? Ill let you pay for your life! Wang Hongyu did not go to her heart, the scene left a police law enforcement recorder video, she did not have physical contact with the landlord.

Police advised Wang Hongyu and her mother to find a hotel to stay in. Wang Hongyu did not want to go. She felt that once she went out, the house would be locked and her residence would be gone. At this point, she did not want to step back. If I dont stay here myself, there will be more victims like me.

That night, she and her mother lived in a room without a gate. They were wearing clothes and leaning on the bed. No one was asleep.

The police asked her and the landlord to go to the judicial coordination office the next day. She began to do her homework and look up the relevant information of the agency, what kind of evidence should I use to tell them that I am right..

The leader of Wang Hongyus company told her not to worry, but to deal with the house affairs first, hand over the work to other colleagues, and asked the Legal Affairs Department of the company to provide consulting services for her.

Four

On November 26, the day after the rental gate left, Wang Hongyu and the landlords daughter went to the judicial coordination office of Dongfeng police station of Chaoyang Branch of Beijing Public Security Bureau. She offered to share half of the loss with the landlord. According to the contract, she had the right to live until June. She decided to live only half. However, the landlords opinion is that Wang Hongyu will move out in December, and the demands of both parties are too different to coordinate.

Later, the two women went to the eggshell apartment to mediate the rental disputes in Chaoyang District, where there were staff from the Chaoyang District government.

The lawyer who provided legal advice on the spot made it clear that the tenant still has the right to live in law. The landlord and eggshell signed a property entrusted management service contract, which formed an agency relationship between the two parties. The termination of the agency contract means that the eggshell can not continue to rent for its agent, but the lease contract signed with the tenant during the agency period will continue to be performed, which is still protected by law.

If the landlord is in arrears with the rent due to eggshell, he can sue the eggshell to the court, and it is illegal for the landlord to tear down the door and affect the normal living of the tenant. If the property is stolen and the loss is increased, it should also be borne by the homeowner,

As for the landlords daughters claim that Wang Hongyu should bear the landlords hospitalization, the lawyer said that this is a personal injury compensation dispute, which should be determined by the court. If the tenant said two words will cause the landlord to be hospitalized, it can not be deduced from the law.

Were both victims. Well have a good negotiation, and well step back. The landlord put the door back, and Wang Hongyu only stayed until the end of February. Although it is her right to stay until June, she hopes that the two victims can reach a settlement.

On the evening of November 28, the gate was put back. On the morning of December 1, Wang Hongyu and the landlords daughter signed a peoples mediation agreement. After the dispute came to an end, Wang Hongyus life was calm again. She kept her home, compared to more evicted tenants in the broken eggshell.

She did not feel that she had won, and her only sense of achievement came from giving the landlords who did not know the law a common law. She intends to send a banner to the police who safeguard her legitimate rights and interests. On the day of opening the door, she just sat in the living room crying, and nobody paid attention to it. Later, she learned that a police officer was particularly worried about the landlords aggressive behavior and hurt her. She asked her mother to put away all the kitchen knives and left her landline number, so that the mother and daughter could call the dispatch office in time, without waiting for 110 to coordinate.