"Personal direct rent, no agency fee", "Master bedroom direct rent, rent 2000, no other fees" ... The netizens who browse the rental information on the Internet may be attracted by these advertisements, but in fact, there is a black intermediary hidden behind these advertisements, which brings endless troubles to your rental road. Recently, the Chaoyang District Procuratorate handled a number of cases of "black room intermediaries" suspected of forced transactions, involving hundreds of thousands of yuan. Combined with the case, the prosecution exposed the black means of the black room intermediary.
■ Typical case
Promise not to charge an intermediary fee, and then force it.
In handling the case, the Chaoyang District Procuratorate found that in order to attract the attention of tenants, black intermediaries generally claimed to rent directly on the rental website, and there was no agency fee. If the tenant decides to rent a house and signs a rental contract, the black intermediary will start to extort agency fees in various ways.
Ma is suspected of forced trading, and he is entrenched in the vicinity of Sun Palace in Chaoyang District, with five or six people and dozens of suites in his hand. They posted rental information on 58 cities and other websites, saying that "personal direct rent, rent concessions, no agency fees" and other information attracted tenants to call for advice.
After looking for a tenant to look at the house, Ma and others still promised the tenant that they would not charge an intermediary fee. After the tenant decided to rent a house and signed a rental contract with Ma and others and paid the relevant deposit and rent, Ma and others began to ask the tenant for the so-called "service fee" and other fees. If the tenant doesn't give it, Ma will gather many people to block the tenant, saying that if he doesn't pay the agency fee, he will block the door every day, harassing the tenant by pulling the switch, blocking the keyhole and throwing shit into the house. What's more, he will hurt people. Tenants can only pay one month's rent as an intermediary fee.
Violation of the partition, rent first and then report.
In order to eliminate the hidden dangers of residential safety, Beijing has formulated relevant regulations prohibiting changing the internal structure of houses to be divided and rented, and prohibiting renting kitchens, bathrooms, balconies and underground storage rooms as bedrooms. If there is any violation, the government department will clean it up. In order to speed up the circulation of rented houses, black intermediaries use this rule to carry out the so-called "house washing" behavior.
The suspect, Zhang Moumou, first cut off the houses with bad location and orientation, and then attracted tenants to move in at a lower rent, charging them three to six months' rent. When the house was occupied by seven or eight tenants, Zhang Moumou called the relevant government departments to report the group renting behavior of the house. The government departments retired the group rented houses in accordance with relevant regulations, and Zhang Moumou achieved the goal of evicting tenants.
Subsequently, Zhang Moumou continued to lease the partition of the house to others. Although some tenants ask Zhang Moumou to withdraw the rent, he will make excuses, even refuse to answer the phone or provide false business premises so that the tenant can't find him, thus achieving the purpose of embezzling the rent.
After seeing the house, I was asked to "jump the single fee" without renting it.
Xiao Liu, who was preparing to rent a house, was attracted by the information left by the suspect Zhang when browsing the rental information online, and immediately dialed the contact information of the other party. After discussion, Zhang showed several houses to Xiao Liu, but Xiao Liu did not sign a rental contract with Zhang on the grounds that the rent was too high.
Since then, Xiao Liu has rented a house that Zhang once showed him through other intermediaries. One day, Zhang found Xiao Liu in the community and was very angry when he learned that the other party had rented a house from someone else. Zhang gathered many people to the house where Xiao Liu lived and threatened him, claiming that he had worked hard to show Xiao Liu the house, but Xiao Liu refused to rent a house from him and asked Xiao Liu to pay the "jumping fee". Under the threat of Zhang, Xiao Liu was forced to pay more than 3,000 yuan.
The prosecution said that the tenant contacted the black intermediary through the contact information left by the black intermediary on the Internet, and after being shown several houses by the black intermediary, the tenant did not rent the house from the black intermediary, but rented it from other intermediaries. After the black intermediary takes a suite in the house he has seen, the black intermediary will come to the door and ask the tenant for the so-called "jumping fee".
Asking for fees after signing a contract forces people to move out.
Tenant Xiao Li rented a house from the suspect Liu and took his family to stay. Who knows that since the next day, Liu has been calling to urge the heating bill. Xiao Li said that the contract stipulated that he was not responsible for the heating bill, so he refused to pay it. So Liu went to Xiao Li's residence day and night to harass. In desperation, Xiao Li had to pay the heating bill.
Subsequently, Liu asked Xiao Li for access control fee 100 yuan. When Xiao Li barely paid the money, Liu claimed to have breached the contract for three days and demanded that he pay a penalty of 7,400 yuan, that is, two months' rent. Xiao Li didn't want to pay, so he had to move out. Liu promised to refund the rent, deposit, etc. 1000 yuan after Xiao Li moved away, but later he blacked out Xiao Li and lost contact. Xiao Li went to Liu's business address to find out, but he didn't find the real estate agent he said.
According to the prosecution, after signing the lease contract with the tenant, the black intermediary will charge the tenant various fees for various reasons to force the tenant to move out and speed up the transfer of the house after the tenant moves in. After the tenant moved out, he refused to refund the rent, deposit, etc. The reason is that the tenant wants to move out.
Asking to move out without refunding the rent under the pretext of closing the house
Ms. Chen rented a house from the black intermediary, and after paying a rent of 10,000 yuan in the form of "pay one and lose three", she lived in the house. Just a week after moving in, the black intermediary informed her that the landlord would take back the house and not rent it out, and she had to check out immediately. However, Ms. Chen believes that the two parties have signed a rental contract and the intermediary cannot breach the contract and refuse to move. The black intermediary threatened her in various ways, opening the door when she was not at home and moving other people's luggage into the room. The black intermediary also organized four or five men to drink and chat loudly outside Ms. Chen's house until late at night every night. Ms. Chen had no choice but to move away, and finally failed to get back the rent, deposit and agency fee she paid from the black intermediary.
The prosecution said that after the tenant paid the rent, deposit and other expenses to the black intermediary to rent the house, the black intermediary informed the tenant that the landlord would take back the house and stop renting it, requiring the tenant to move out. After the tenant refused, the black intermediary harassed the tenant in various ways and forced the tenant to move out.
When the lease expires, the deposit will not be refunded for various reasons.
There is also the means used by black intermediaries. When the tenant lives until the lease contract expires and wants to get the deposit back from the black intermediary, the black intermediary will find various reasons to refuse to return it.
Tenant Xiao Wang rented a house from somewhere in the black intermediary and paid a deposit of more than 3,000 yuan a month. After the lease expires, Xiao Wang does not intend to renew it, but wants to move out, that is, contact Cheng, hoping to get the deposit back. Cheng came to check the house where Xiao Wang lived and said that there were handprints on the interior wall, which needed repainting, and he had to deduct 1000 yuan. Xiao Wang said that the handprint existed before he rented it, and Cheng ignored it. Later, when he saw Xiao Wang's ham sausage in the refrigerator, he said that the house was in the Hui people's gathering area, and he was not allowed to eat big meat, so Xiao Wang should be punished. Finally, Xiao Wang gave up asking for the deposit and moved out of the house.
■ Prosecution skills
Don't be afraid if you are harassed by a black intermediary.
Pay attention to keep the evidence and call the police.
Li Xingang, the procurator of Chaoyang District Procuratorate, said that the harassment, threats and intimidation of the tenants by the black intermediary seriously damaged the tranquility of the house, caused great mental stress to the tenants, and caused great damage to people's personal and property safety. China's Criminal Law stipulates that forcing others to provide or accept services by means of violence or threats, if the circumstances are serious, constitutes the crime of forced trading. In the business of providing rental agency for others, the above-mentioned black intermediary forces others to pay agency fees, or collects various fees from others in various ways. If the circumstances are serious, it has constituted the crime of forced trading.
At present, the procuratorial organs have instructed the public security organs to continue to investigate and collect evidence on whether black intermediaries beat others or extort property by violent means in the process of forcing others to accept services. If it is verified that the black intermediary beats others or extorts property, he shall be convicted and punished in accordance with the provisions of heavier punishment.
Li Xingang said that in order to avoid disputes in the process of renting, both landlords and tenants should entrust a formal housing rental agency. "After years of operation, regular housing agencies have formed a set of standard service processes, and the services are standardized and compliant. Moreover, regular housing intermediary companies are registered in the Housing Construction Committee and the administrative department for industry and commerce. Even if the intermediary violates the rules, landlords and tenants can protect their legitimate rights and interests by reporting to relevant regulatory agencies. "
In addition, in the process of renting a house, both parties must have a sense of evidence, and the intermediary must implement the commitments made in the contract. When paying rent, agency fee, deposit and other expenses, it is necessary to keep relevant vouchers such as transfer records and payment records, and ask the agency to issue a receipt, indicating the details of the fees charged and the purpose of collection. Tenants should not be afraid of being harassed by black intermediaries, but should use reasonable and legal means to safeguard their legitimate rights and interests. Pay attention to leaving on-site evidence by shooting videos, recording, etc. And call the police in time to seek police protection.
Be careful yourself.