Since it is not allowed to cut off the property, you are free to take the owner to court. On March 1 day, Mr. Li received a summons and related materials from the Chaoyang District Court in Beijing. Beijing Ziru Life Asset Management Co., Ltd. (hereinafter referred to as "Ziru") sued him because Mr. Li's family had "two homes but not three homes".
On April 1 1, the case was heard for the second time in the Chaoyang District Court of Beijing, and the case is currently under trial.
Event review
"You have no right to collect the house payment."
2065438+On May 3, 2007, Kloc-0, Mr. Li signed an asset management service contract with Ziru Company, entrusting his two-bedroom apartment in Huawei Beili, Chaoyang District, Beijing to Ziru Management. The term of the contract is three years, and the rent is paid annually.
Unexpectedly, Mr. Li, who paid the house and got the first year's "income", began to get into trouble. "If you want to partition the room freely, you will be stopped by the property when you transport materials to your home." Mr. Li said that after communicating with the property, he learned that "cutting off is illegal" and told him that "only when it is legal and compliant can optimization and transformation be carried out".
On July 3, 20 17, Mr. Li received a written notice to cancel the contract on the grounds that the optimized room could not be set up. The company said in the notice, "According to the capital+contract, the number of rooms used by our company is 3, and the house income paid to you is the price of 3 rooms. Because it is impossible to set up an optimized room in the house, there are two rooms actually used. Therefore, it is obviously unfavorable for our company to continue to perform the capital gains+contract. The capital gains+contract signed by our company with you was dissolved on July 3, 20 17, and you have no right to collect the house income after the dissolution of the contract.
Regarding the request for unilateral termination of the contract, Mr. Li believes that the reason for termination is not the "termination situation" agreed in the contract. On July 17, he sent a reply to the free company, asking the free company to continue to perform the contract as usual until the contract expires, and to continue to pay the rent for the remaining two years on time in the form of annual payment.
According to Mr. Li, he didn't give him any reply before receiving the summons from Chaoyang court. Every month, he can also receive free housing asset management information.
Focus of controversy
Two-bedroom or three-bedroom becomes the focus.
As for Mr. Li's request to continue to perform the contract, he freely thinks that it is the owner's reason that led to the unilateral termination of the contract. The contract signed by the two parties was terminated on July 7, 2007, and Mr. Li was required to return the service quality deposit he had paid to him for free 74 100 yuan. At the same time, pay twice the expected monthly rent as liquidated damages, that is, 12400 yuan.
■ Controversy 1: Number of bedrooms
As stipulated in the contract, "During the operation period, Party A agrees that Party B will carry out necessary decoration and transformation of the underlying assets, and will not carry out certain degree of decoration regularly, but it shall not damage the load-bearing structure of the house. At the same time, Party A will cooperate with Party B to handle the corresponding formalities, approvals, permits or documents required for renovation. "
In this regard, the free attorney believes that the reason for unilaterally canceling the contract is that the house delivered by Mr. Li does not meet the contract requirements. According to the contract, there are three bedrooms and a living room. On-site inspection, the house is two bedrooms and one living room. Free to negotiate with the owner to transform the house into three bedrooms and one living room, that is, "optimize the house into a bedroom." Free also paid the rent according to the market price of three bedrooms and one living room.
Mr. Li's attorney pointed out that when signing the contract, the plaintiff freely did not mention the need to set up an "optimization room" and there was no formal written basis. Mr. Li said, "When signing the contract, I didn't even notice that the annex said' three rooms and one living room' on the thick floor. In addition to two bedrooms, my family has a small room, which has been used as a study. So to some extent, it can also be understood as' three rooms'. "
■ Dispute 2: Performance of the Contract
After consultation on the optimization of house decoration, the house was not renovated.
In the civil complaint, I said, "I was obstructed by the property management company where the house was located in the process of house decoration, and repeatedly asked the owner to coordinate with the property management company, but the owner refused, which led to the house not conforming to the contract." It is free to say that the owner fails to perform the obligations stipulated in the agreement, which affects the management of the house or the use of assets, and has the right to unilaterally terminate the contract at any time. "
Mr. Li's attorney has evidence to prove that "the free agent admitted that he had jointly investigated the site of the house involved with the defendant and the property personnel, and the property allowed the plaintiff to pay the down payment for the renovation and renovation of the house after the defendant coordinated and communicated."
On the contrary, in order to fulfill the contract, Mr. Li first disposed of a large number of items such as furniture, household appliances, books, calligraphy and painting in the house, but he has not been equipped with indoor furniture and other items as agreed in the contract. Therefore, the owner thinks that he has completed the cooperation of house decoration and transformation.
■ Controversy 3: Nature of "74 100 Yuan"
The free payment of 74 100 yuan to Mr. Li has also become one of the focuses of disputes between the two sides. I freely think that the use of this money is marked as "service quality guarantee" in the contract, and Mr. Li needs to return it.
Mr. Li said that on the bank electronic receipt of 74 100 yuan, the purpose column clearly shows "owner's rent". "I signed the contract, took the house key, paid the rent, and asked the owner to refund the money after half a year." Mr. Li thinks this makes no sense.
The lawyer casually responded that the "owner's rent" on the bank receipt was a clerical error by the accountant.
Field visit
Renting has been "dusty" for nearly a year.
On March 20th, the reporter followed Mr. Li to Warwick Beili. After the free staff came to open the door, the reporter saw that the house was empty, the window was open and covered with thick dust. "The living facilities promised in the contract have not been seen until now." Mr. Li said.
The free staff told the reporter, "The house hasn't moved since the residential property construction was banned and the optimization room was set up last year."
The reporter also learned from the property of Mr. Li's community that he was randomly complained by residents because he transported materials into the room partition. The property believes that the cut-off is suspected of being illegal and should be stopped.
Journalist investigation
The free partition has been deleted.
The "optimized room" that is freely and repeatedly emphasized is usually the partition of the living room. So, is it illegal to intercept people in the living room?
In September last year, the Beijing Municipal Commission of Housing and Urban-Rural Development and the Beijing Municipal Development and Reform Commission jointly issued the Notice on Accelerating the Development and Standardized Management of the Housing Rental Market in this Municipality. The notice pointed out that "the rooms originally planned and designed as living space are the smallest rental units, and the internal layout of the house shall not be changed to be divided and rented; Space unsuitable for living, such as kitchen, bathroom, balcony, storage room, etc. , not allowed to rent. "
Beijing has always had clear requirements and strict management of rental housing. The reporter inquired that as early as 20 13, the Beijing Municipal Commission of Housing and Urban-Rural Development, the Beijing Municipal Public Security Bureau and other six departments jointly issued the Notice on Further Regulating the Management of Rental Houses, and it is strictly forbidden to rent in violation of the area restrictions of rental houses, including changing the internal structure of houses, dividing and renting, etc. The circular also stipulates that the per capita living area of rented houses in Beijing shall not be less than 5 square meters, and the number of residents in each room shall not exceed 2 (except those with legal obligations of maintenance, support and maintenance).
Landlord and tenant at their own risk
Since last June 165438+ 10, the city has carried out a round of demolition and rectification of illegal buildings and partitions. It is reported that some freely partitioned houses and partitions have also been demolished. After the news broke, a statement was released freely, in which freely acknowledged the fact of being removed from the shelf.
At that time, Lin Xiong was the CEO of Free Software. Com, in his personal Weibo, said, "In view of some problems and concerns reflected by some freelancers recently, I promise to 400,000 freelancers in Beijing: If you currently live in a free house, if you need to move out under any circumstances and requirements, please actively cooperate and freely promise: no rent change, no moving, and provide one month's rent as compensation for moving and lost time."
Recently, some media reported that the detached house was demolished without compensation, and the tenant had to claim compensation without compensation, only to find that both parties agreed in the contract that "if the contract cannot be continued due to reasons such as the government department's request to adjust the existing apartment type of the house, the contract will be automatically terminated and both parties will not bear any responsibility."
The reporter found that there are still a large number of divided houses listed for rent on the "Free" APP.
How to solve such incidents freely, and whether to compensate the owners and tenants? Journalists are free to contact the above questions. As of press time, no relevant reply has been received. (Source: Beijing Evening News)