20 12 official statistics: the permanent population of Beijing has reached19.72 million, including registered population12.46 million and registered floating population of 7.638 million. Unofficial statistics: Based on the analysis of ID card information and monthly consumption information collected by China Mobile Unicom, Telecom and other operators (whether in Beijing or not), the registered population of this city is about 6.5438+0.5 million, the foreign permanent population is about 50 million, and the short-term floating population is about 6.5438+0 million, totaling about 75 million.
For the time being, we only count 50 million foreign permanent residents, not those who are registered in Beijing but still need to rent a house. According to our calculation, the average personal loss of each tenant who signs a contract with the intermediary is 1680 yuan. Even if some of them are rented by family units, some of them are solved by units (units generally have to rent houses to solve the dormitory problem). The number swallowed up by black intermediaries every year is quite huge! ! ! The cost of real estate agency is low. Basically, as long as there is a simple office space, it is enough to hire three or five salesmen. Although the state requires certificates, most of them have never received any formal training, let alone qualifications. ) and then pull up a telephone line, looking for a house and a tenant everywhere on the internet, which can be said to be a low-cost business. As a result, real estate agencies have mushroomed and suddenly disappeared. In addition, there are no particularly strict requirements for setting up such companies. In a few days, these companies that ran away with money re-registered their new names and set up new companies.
Moreover, the money involved is the legitimate income of every citizen and belongs to individuals. As an ordinary citizen, we have to pay at least several hundred yuan of personal income tax for the country every month. We are doing our duty as an ordinary citizen for the country and society, and we also need the basic protection of our legitimate rights and interests from the state and relevant functional departments.
I am writing this article because I have encountered such a thing, which is quite difficult to solve. After searching on the Internet, it turns out that this has long been a common social hot issue, but it has not been completely solved for many years in a capital like Beijing, but it is related to the vital interests of many people.
20 12. 1.65438 I signed a two-bedroom contract with Beijing Baodi Real Estate Agency Co., Ltd. at their office location: Gate 6, Building 2, Yanjing Dongli, Chaoyang District 102, and rented an apartment in Building 5, Ciyun Temple, Chaoyang District/room kloc-0/. Looking back now, I may have walked into them from the beginning, and there are the following points:
1. The actual location of this house is 1 room, but the contract says1room 507, unit 2. When I signed the contract, I only looked at the house once, and I didn't doubt that the address would be wrong. Moreover, they showed me the contract signed with the owner, which actually said Room 6544, Unit 2. But it doesn't matter. I have plenty of other evidence to prove that I did rent the room 1, 1507.
2. The contract used is not a standard contract stipulated by the state, and many clauses are the contents of 10 unfair standard clauses expressly stipulated by the relevant state organs. For example, if the rent is overdue, a late fee of 200% will be charged every day; During the lease period and within three months after the termination of the lease, Party B shall not conduct transactions with the property owner of the house on its own, otherwise Party B shall pay Party A one month's rent as compensation.
3. It is stated in the contract that Party A shall return all the deposits received to Party B after all expenses have been settled and both parties have gone through the handover procedures ... But after I handed over the tense situation with the staff of Beijing Baodi Real Estate Agency Co., Ltd., he told me that it would take a week for the company to review before returning the deposits, and also said that it would wait for financial approval. In fact, every time I pay the rent, I go directly to their company and pay it there. Paying is easy. A small company, with only a few people in charge, has been there many times and has not seen a so-called financial person working there. If you want your money back, start making excuses.
When handing over, I have to check all the household appliances because I am nervous. In fact, it is just a second-hand automatic washing machine, water heater and air conditioner. I borrowed two batteries and two pens from my uncle's house in the next room 1508, and he followed me. They didn't examine me when I checked in. They only know how to raise money. The washing machine at home and many facilities, such as shower heads, are broken. The sewer pipe in the bathroom is leaking. The washing machine is broken and there is no corresponding sewer. The people in the gas company said that the gas stove was too low to be used, otherwise it would be dangerous and leak. Just turn on an electric water heater and then turn on a microwave oven or kettle, and it will trip. They say it can't be repaired. . . . . . It was my negligence not to check in. I remind all tenants that in the future, you must read carefully before signing. If any electrical appliance is broken, they must ask the intermediary to write it on paper and indicate when it will be repaired. Otherwise, they may buy a second-hand electrical appliance for 1200 yuan, but if you have any problems when you leave, you can easily deduct 1000 yuan, so you can't get your money back. I didn't use that washing machine for a year because I had my own washing machine. I was serious when I tried this tension test. I tried it empty and said no, I can't check it! It's an automatic washing machine, the kind that starts with one button! I don't know if it's an IQ problem or a personality problem, hehe ~ remind me of the preventive measures: during the lease period, some facilities and electrical appliances in the house are in the charge of the intermediary company. When the term is about to expire, check all household appliances and facilities in advance, and ask them to repair them quickly if there is any problem, so that at least the reasons for withholding money will not be found when handing over. Of course, just don't tell them that you won't rent it in the future, hehe ~ Beijing Baodi real estate agent.
Everything has been checked, nothing, because when I lived, there were only three kinds of electrical appliances, a double bed shelf, a single bed and a mattress in the room, all of which were provided by them. All the other furniture and appliances are my own, so I basically left a vacant room. Finally, he wrote on the back of my contract: "The house has been handed over, the floor has been worn out, and after a week, the household was closed and the cleaning was not done (this item is not in the contract, it belongs to the intermediary, just looking for a reason to deduct money). Handover: nervous? . "
A week later, when I called Zhang Li to ask when to get the deposit from his company, he said that the floor needed my maintenance because of wear and tear. I said you can just say how much the maintenance fee will be deducted. He said he couldn't fix it and couldn't find the same floor. I can't refund a penny without the maintenance fee. Then I called again, and he said, because I haven't repaired the floor, which has affected the rental, I will also be responsible for the delay in the rental. In addition, this room is 20 13. 1. 17. In fact, they signed a one-and-a-half-year contract with the next tenant in February 1 year. Alas, another sheep fell into the wolf's mouth. The following are the so-called three places for tension: the first is where I put my computer desk, the second is where I sleep, and the third is in a small room.
Now let me explain my personal situation to another tenant: I have been living alone in this big room, and the small room is occupied by a Beijing girl. She didn't move in until about three months after I moved in. She goes to work every Friday morning, goes straight back to Miyun's parents' home after work, and doesn't come back until Monday. After work, I basically surf the Internet by two people at home, which is very simple and quiet. The floor of the bed and the computer is somewhat worn (because the landlord used a poor wooden floor when decorating, and many places are uneven after paving, so there are big and obvious gaps, so it is so easy to wear), but it is absolutely normal wear and tear, without any man-made damage, otherwise many facilities could not be broken when I moved in, but everything was fine when I left. I always cherish property, whether it's someone else's or my own. Intermediary companies have a ridiculous logic: what the house looks like when it lives, what it should look like when it expires, and there can be no depreciation and normal wear and aging. As long as there is a loss, it is man-made destruction, not a natural phenomenon. I asked, then I want to stay longer. Should I redecorate this house when I leave?
Just this one, I deducted all my deposit of * * * 3,300 yuan, which will not be refunded.
I want to ask three questions:
1.？ Who gave Beijing Baodi Real Estate Agency Co., Ltd the right to deduct money at will?
2.？ Can the company provide the factual basis and appraisal certificate of the seized money?
3.？ If it is confirmed that the company has no legal basis or factual basis and maliciously detains the tenant's deposit, does the state have any relevant measures to punish the intermediary company with minor punishments and major admonitions? Or is it difficult to protect the normal rights and interests of tenants now?
Many real estate functional departments, when they encounter complaints about such problems, all say that they suggest prosecution. In a word, it's easier said than done: (1) The time and energy required for prosecution and the impact on mood and life are all expenses that are not considered in our country at present; (2) If you want to sue, you should file a complaint first, then the court will accept the trial, and then you should hold a court session before replying. These are not easily solved by ordinary people themselves, so you should hire a lawyer accordingly. I have consulted, and the lawyer's fee is at least 6000 yuan. Of course, this does not mean that it cannot be completely solved. Everything is known from Beijing Baodi Real Estate Agency Co., Ltd. ..
Contract law of the people's Republic of China
Article 113 If a party fails to perform its contractual obligations or the performance of the contractual obligations is not in conformity with the agreement, it shall be given rights.
If Party A causes losses, the amount of compensation for the losses shall be equivalent to the losses caused by breach of contract, including the losses that can be obtained after the performance of the contract.
The interests, but shall not exceed the default behavior foreseen or should be foreseen by the defaulting party.
Possible losses.
According to this article, the lawyer's fee should be borne by the losing party, but all the lawyers I asked said it was stipulated by law, but none of the cases they represented had been supported by the court. In other words, if it is resolved through litigation, the time, energy and money paid by the tenant far exceed the losses directly suffered by the real estate agent, which also causes the situation that the black intermediary does whatever he wants now, and the tenant can only complain bitterly and the legitimate rights and interests are difficult to guarantee. In the long run, the so-called stability and harmony proposed by our country can only be a mockery of reality.
Having written so much, I finally want to say three things:
1.？ The reason why I can live in this house is because the intermediary provided information and corresponding services during the period of renting. From this point of view, I am very grateful to them. In addition, these later experiences and what we are experiencing are also an experience of life. In fact, now that this 3,300 yuan has been illegally and unreasonably detained, I feel that my basic human rights have been violated. When my life is over, these things will become extremely unimportant, just a little experience in my life. I am more concerned about how to safeguard my personal rights and interests and provide some reference and help to others-other ordinary people. As a member of society, can I do something for this society? So, thanks to the intermediary company.
2.？ I hope netizens can pay attention to stop loss and protect themselves in real life, and give you a practical strategy here. When renting a house again, you can write down your own requirements for the house as clearly as possible, such as location, surrounding environment, which bus or subway is near, elevator room or board building, area, apartment type, decoration, household appliances and so on. , all posted on the Internet. It should be noted that you must look at the original real estate license and sign a contract with the owner. If it is introduced by an intermediary, how much agency fee can you accept at most? Don't worry, as soon as you get online, countless agents will call you to confirm whether you want to rent a house. The following things you need to do are: first, reconfirm with them on the phone whether you can accept the terms of the agency fee. If not, do it. Second, reiterate what you want and tell them that if it doesn't meet the requirements, they don't need to bring it, otherwise it will be a waste of time and energy. Personally, I tried this method this time and achieved success. Of course, the proposed conditions should be reasonable. If you don't want to live in an apartment, just pay the price of a tubular building, haha ~
I hope this problem can attract the attention of everyone and relevant departments. In fact, the Housing Authority, the Municipal Construction Committee and the industrial and commercial departments bear the responsibility and right to directly manage these companies. It is very simple to manage them, because these departments are in charge of whether the company can conduct annual inspection, disclose its credit records to the public, comply with relevant regulations and impose fines. I hope the domestic environment is getting better and better, and don't let our compatriots in China choose to get passports from other countries because of all kinds of helplessness.
Ok, that's all, I wish us all better and better, and I still hope that China, society, Beijing, intermediary companies, Baodi Real Estate, including Zhang Li, and everyone else, including myself, will get better and better! I believe that no one is born with a bad nature and wants to harm others and deceive others. It's just that I met some people at some point and may have hurt them. I sincerely hope that we are all getting better and better!