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

Three days after leaving the door frame, Wang Hongyus (pseudonym) door came back.

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.

At the scene of opening the door, the landlord and the tenant reported to the police and recorded the video. The video was sent to the network and boarded micro-blog for hot search. In the eyes of both sides, they are victims, but can not reach an agreement.

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

The call came on November 17th. Wang Hongyu is on a business trip in Chongqing to prepare for the companys meeting. It is nearly midnight when she comes back to the hotel every day.

You have to move out in three days! The landlord made a point on the other end of the phone.

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.

Wang Hongyu thought that a similar situation happened once in October, when the eggshell was overdue for a day, and the landlord came to find her. The two sides went to eggshell headquarters together, and saw businesses providing maintenance, cleaning and other services for the apartment to ask for fees.

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..

For her, the priority this time is to keep her mother safe.

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..

She asked her classmates in Beijing to ask a boy to accompany her mother. She ordered a young man to fight us! 1800 kilometers away, the landlord was so angry that he cut off the water and electricity lines.

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.

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.

When she got home, Wang Hongyu took the initiative to send information to the landlord and the social workers of the neighborhood committee. More than ten minutes later, the landlord and the staff of the neighborhood committee came to the door together.

Wang Hongyu held the thick civil code in her arms and tried to declare her right of residence. Dont talk about the law yet. The social worker of the neighborhood committee said, people really didnt receive the money.

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 police didnt know how to deal with it. They called their superiors and were told: now the government attaches great importance to the eggshell business. Tenants have the right to continue to live. They cant forcibly drive out the tenants by cutting off water and electricity.

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.

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..

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.

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.

Wang Hongyu felt that the landladys daughter softened down a little bit.. The complete flameout is at the eggshell landlords information desk. Staff inquiry found that the landlord did not set up a work order to terminate the contract. According to the contract, the landlord has the right to unilaterally terminate the contract if the eggshell apartment is delayed to pay the rent for 15 working days. Although she always claimed to have terminated the contract, it was not until early December that Wang Hongyus landlord was able to terminate the contract.

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. These two days, Wang Hongyu and her mother finally had a good sleep. She still retweets news about the eggshell dispute in her circle of friends. She also sends photos of herself and her colleagues in Chongqing, saying that after returning to Beijing, she has forgotten the happy experience of her bad feelings.. Today, the civil code is still on her bedside, and she says, its my faith.. Source: Chen Hequn, editor in charge of China Youth Daily_ NB12679

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.

These two days, Wang Hongyu and her mother finally had a good sleep. She still retweets news about the eggshell dispute in her circle of friends. She also sends photos of herself and her colleagues in Chongqing, saying that after returning to Beijing, she has forgotten the happy experience of her bad feelings.. Today, the civil code is still on her bedside, and she says, its my faith..