The housing rental market is chaotic, and the state will soon bring it into the legal supervision track.
On September 7th, the Ministry of Housing and Urban-Rural Development issued the Regulations on Housing Leasing (Draft for Comment) (hereinafter referred to as the Regulations), and the first national administrative regulation specifically regulating housing leasing in China officially began to solicit opinions. Insiders pointed out that the "Regulations" have a strong normative and guiding significance for the industry, marking the official entry of housing lease supervision into the era of refinement, systematization and rule of law.
Coincidentally, on September 1 day, Shanghai Real Estate Brokers Association issued "Risk Tips for Housing Leasing Market" (hereinafter referred to as "Risk Tips"), reminding landlords and tenants that in the process of entrusting or renting houses, they should know the market rental prices of surrounding houses in detail, be alert to the risks brought by the company's "low rent, long mortgage and short payment" and avoid being "exploded" and "run away" by the company.
In fact, in recent years, there have been many chaos in the housing rental market, such as fictitious housing information, violent eviction of tenants, illegal deduction of deposits, and setting overlord contract terms ... Especially with the gradual expansion of the rental market in first-and second-tier cities, there are more and more small and medium-sized landlords, which leads to an increasing risk of infringement of the rights and interests of tenants and big landlords.
The promulgation of the "Regulations" will become an important turning point in the supervision of the housing rental market. Yan Yuejin believes that the long-term rental apartment market is currently in a volatile stage, and these actions by the regulatory authorities will play a positive role in regulating and guiding the development of the rental market in the future.
There is also a "pit" for short-paying rent.
How chaotic is the housing rental market?
At present, in addition to the problems of the second landlord defaulting on the rent of the big landlord, the tenant being driven away, and the second landlord running away with the money, renting a house from the second landlord will encounter various problems even if the tenant adopts the method of paying the rent short.
A few days ago, Chen Hui (pseudonym), who works in Shanghai, met a strange thing that was driven away by the big landlord. Chen Hui and two colleagues rented a three-bedroom and two-bedroom house in Jiafa Building, Beijing West Road, Jing 'an District for one year. The lease contract is a tripartite intermediary contract signed by her with the second landlord and the intermediary, and is accompanied by the entrusted lease contract between Dafangdong and the second landlord; The payment method of the house is "one mortgage and three payments", not the annual payment of long-term rental apartments or rental loans.
According to Xiao Ai, the agent who introduced the house at that time, a considerable part of her company's houses came from this kind of second landlord, which is different from the second landlord who rented the apartment for a long time. They don't have that many houses on hand, but there are dozens to hundreds. After renting the house from the owner, these second landlords will redecorate or allocate furniture according to the situation of the house, and then raise the rental price appropriately to earn the difference. Generally speaking, after the lease between the second landlord and the big landlord expires, the previously decorated furniture will be sold to the big landlord at a discount.
In the past three years, Xiao Ai has rented more houses for these second landlords. The second landlord of this kind of house looks no different from the big landlord who signed a contract with the tenant directly.
But just a month before the rent was due, something went wrong. At the end of August, the property management staff of Jiafa Building told Chen Hui that Ping Liu (a pseudonym), the big landlord, came to the door and asked to cut off water and electricity for the house they lived in, because the house expired on August 30th, and Dafangdong wanted to take back the house.
Chen Hui went home to find out the lease contract, and found that the expiration date of the contract they signed with Yan Shun (a pseudonym), the second landlord, was 65438+April. Obviously, the contract between the second landlord and the big landlord is one month later than the lease between the second landlord and Chen Hui. At this point, Chen Huicai discovered that Xiao Ai, the intermediary, had not completely adjusted the lease of the house before, and he did not know when the lease between Dafangdong and the second landlord would expire. The negligence of the intermediary laid the fuse for this dispute.
265438+20th Century Business Herald contacted Ping Liu, Yan Shun and the intermediary respectively, and learned that Ping Liu and Yan Shun had cooperated for many years. However, due to another house dispute, the relationship between them broke down. When the lease expired, Liu Ping gradually recovered the house and did not renew it. Yan Shun's explanation is that he has dozens of houses in his hand, and he can't remember the lease term of each house.
The quarrel between the big landlord and the second landlord has nothing to do with the tenant, but this time, due to the tough attitude of the big landlord Ping Liu, it directly interfered with the tenant's life. In this incident, the second landlord, Yan shun ming, was obviously indefensible, perhaps to delay the time, perhaps because of the dead end of the contract, and refused to cooperate with the check-out procedure on the grounds that Ping Liu wanted to buy furniture. Ping Liu was unwilling to give in, and only issued an eviction order to Chen Hui, who was still under lease, threatening them with water and electricity cuts.
In desperation, Chen Hui and his colleagues went to the police station to report to the police, but the police replied: Because Dafangdong and the second landlord did not cause substantial personal and property safety losses to tenants, they could not report to the police. Chen Hui's lawyer who provided legal aid advised her to take judicial procedures to protect her rights and seek compensation from the second landlord, but this process may take a long time.
The reporter saw from the previous entrustment contract between Ping Liu and Yan Shun that there were no specific provisions on the disposal of furniture. This has become the main reason for the two people to wrangle. He Chong (pseudonym), the intermediary who helped them sign the house lease entrustment contract, pointed out that from the contract point of view, both parties have responsibilities, but the second landlord's strict and smooth way of doing things is more problematic. "After that, no one dared to cooperate with him, and the circle was very small."
Finally, Ping Liu compromised and bought the furniture that Yan Shun provided for the house. Both parties terminated the contract and did not renew it. Tenants can renew their contracts or live in Yan Shun until the contract expires.
In the process of communication with the intermediary, the reporter found that the contractual spirit of Dafangdong and the second landlord is very critical in the process of cooperation, especially in the final contract period, and it is easy to have friction because of some details of the contract. The Housing Lease Regulations (Draft for Comment) clarifies the rights and interests of tenants, providing additional protection for tenants in vulnerable groups in the current leasing industry:
During the term of the house lease contract, the lessor or lessee shall not unilaterally terminate the house lease contract or unilaterally raise or lower the rent, except in cases stipulated by law and agreed in the contract; Without the consent of the lessee, the lessor shall not enter the leased house without authorization; Upon expiration or termination of the contract, the lessee shall vacate the leased premises in time, and the lessor shall not force the lessee to vacate the premises by violence, threat or other illegal means.
In addition, according to the exposure draft, during the term of the housing lease contract, the lessor or lessee shall not unilaterally terminate the housing lease contract, and shall not unilaterally raise or lower the rent, except in cases stipulated by law and agreed in the contract. That is to say, in the case of Chen Hui, if the contract between Ping Liu and Yan Shun expires and the cooperation is terminated, then Yan Shun cannot unilaterally terminate the housing lease contract with Chen Hui and others, otherwise it will be a breach of contract.
Despite this, it is still not easy for tenants to defend their rights. Lease disputes are civil disputes, which are generally mediated by the police and ultimately need to be resolved through consultation between the two parties. As a matter of fact, after being threatened by Ping Liu's water and electricity cuts, Chen Hui took the initiative to find the intermediary and Yan Shun to remind them to handle the contract dispute properly. Yan Shun shirked blindly, unwilling to compensate Chen Hui's losses as agreed in the contract; At the same time, Ping Liu put pressure on Yan Shun by evicting Chen Hui and other tenants, which also caused great mental pressure on the tenants.
Industry supervision upgrade
With the increasing number of second landlords, more and more problems are caused, and this second landlord model has begun to be criticized by the market.
Like the above case, Yan Shun, the second landlord who holds dozens of suites, actually has a company with real estate industry qualifications, but the contract he signed with the big landlord and tenant is in his own name, even the intermediary He Chong who has cooperated with him for many years has not found this.
The reporter inquired about Qixinbao and learned that the company holding 100% shares under Yan Shun's name is Shanghai Yanqi Enterprise Management Co., Ltd., which was established on 20 14 10 6 13 with a registered capital of100,000 RMB, and other information was not disclosed.
In this regard, the legal profession believes that Yan Shun's approach may be due to two reasons. First, it is convenient to send and receive; Second, there is suspicion of tax evasion.
The second landlord is between the landlord and the tenant, earning the middle price difference. In order to control costs and seek greater profits, many second landlords have to "tap the potential" in all aspects, and even take illegal actions.
In view of all kinds of chaos in the market, the Regulations clearly stipulate that real estate brokers and their employees shall not commit the following acts: 1. Publish false listing information; 2. Conceal the important information that affects the house lease; 3. Providing financial products and services in violation of regulations; 4 to provide brokerage services for houses that are not allowed to be rented according to law; 5. Compulsory agency housing provident fund extraction and other services and additional fees; 6 without the consent of the parties, signed a house lease contract in the name of the parties; 7. Earn the rent difference; 8. Disclosure or improper use of customer information; 9. Other acts prohibited by laws and regulations; 10. illegally renting kitchens, balconies and underground storage rooms.
It can be seen that many of them point to the second landlord, such as earning rent difference and providing financial products and services in violation of regulations.
Shao, director of financial business of Shanghai Urban Real Estate Appraisal Co., Ltd. said that from a macro perspective, the housing problem is a major issue related to the national economy and people's livelihood, and renting housing is of great significance for guiding the orderly flow of population and solving the "sandwich" housing problem in large and medium-sized cities. At present, the rental housing policy from the central government to the local government is temporary, which does not meet the requirements of the long-term development of the housing system and is the root cause of many problems in rental housing at this stage. Rental housing urgently needs legislation at the national level to ensure the long-term orderly development in this field.
With the promulgation of "Housing Lease Regulations (Draft for Comment)", housing lease legislation has entered the procedure. Through legislation, we can establish the position of domestic rental housing in the housing system, clarify the roles of government, market and family in the rental housing system, and standardize the behavior of government and market participants in the overall planning, development, construction and later operation of rental housing.
From a practical point of view, the leasing market is very frequent, with many participants and complicated leasing forms, and the corresponding supervision and management departments are not equipped with relevant law enforcement personnel and budgets to effectively supervise and manage the law, so the focus is on the implementation of the law after its promulgation.
Li Quan, founder of Fang Dongdong, an apartment training institution in the industry, pointed out that the real implementation of fund supervision should start from the source, strengthen legislation and strictly enforce the law.