Please check the risk prevention of long-term rental apartment "explosion"
□ Our reporter Xu Weilun
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Recently, the “thunder explosion” incident of long-term rental apartments has caused widespread concern. Some long-term rental apartments have “high inflow and low outflow” and “long income and short payment”. After the capital chain broke, many owners and tenants became victims. As a result, the landlord lost the rent and was nowhere to be found. The tenant paid the rent but was forced to move.
In addition, with the continuous changes in the rental housing market, the "rental loan" model has also become common, providing convenience for young people who are temporarily short of funds, but the legal risks involved are also not to be underestimated.
In this regard, the judge of the People's Court of Chaoyang District in Beijing has sorted out the relevant hot issues related to law in the current rental market and interprets them one by one.
Question: Can I rent a "high-in, low-out" house?
Answer: "High entry, low exit" refers to the long-term rental apartment as a middleman, renting a house from the landlord at a high price, but renting it to the tenant at a low price.
On the surface, both landlords and tenants "take advantage", but once the long-term rental apartment business has problems such as a break in the capital chain, the interests of both landlords and tenants will eventually be damaged.
The judge reminded that when landlords entrust housing to an intermediary company, they should learn more about the market rental prices of surrounding housing, and be vigilant if the entrusted price is significantly higher than the market rent.
When renting a house, tenants must be cautious about rents that are significantly lower than the market rent.
When signing a housing lease contract, it is recommended to use a formal housing lease contract model text. The oral promise made by the lessor should be written into the written contract, and both parties should sign and seal.
Question: What unspoken rules should be guarded against when paying rent?
Answer: At present, there is a phenomenon of "long-term income and short-term payment" in long-term rental apartments, that is, tenants pay a year or more for long-term rental apartments, and long-term rental apartments pay the rent to the landlord on a monthly basis.
In this regard, the judge suggested that when signing a housing lease contract, the two parties should agree on a payment cycle of no more than 3 months, usually "one payment for three", avoiding a lump-sum payment of one year or more of the rent to prevent the leasing agency Poor management ran away and was unable to continue to perform the contract, resulting in "lack of money".
When the tenant pays the rent and deposit, he shall make payment to the company account (the lessor is a company) and personal account (the lessor is an individual) as agreed in the contract.
When the lessor is a company, the specific account number should be agreed in the contract, and the tenant must not pay to the company account, the personal account of the salesperson or other accounts (including Alipay, WeChat, etc.) not agreed in the contract.
When paying by transfer, the transfer voucher shall be kept, and the recipient shall be required to issue a receipt when paying in cash.
Question: What are the risks of "rental loans"?
Answer: "Rental loan" means that when the tenant signs a lease contract with a housing leasing company, it also signs a loan contract with a financial institution that the company cooperates with. The financial institution usually pays the rent for the entire year on behalf of the tenant. Monthly repayment of the renting loan, and an additional service fee.
However, some leasing companies use various incentives to induce tenants to sign loan contracts, and with the help of "rental loan" business to expand rapidly, forming a pool of funds.
Once the long-term rental apartment runs off, tenants often face the dilemma of being evicted by the landlord and having to repay the "rental loan".
On September 7, the Ministry of Housing and Urban-Rural Development officially issued a notice to solicit public opinions on the "Regulations on Housing Leasing (Draft for Comment)."
Among them, Article 23 stipulates that housing leasing companies shall not require tenants to use housing rental loans by means of concealment, deception, coercion, etc., shall not induce tenants to use housing rental loans in the name of rent concessions, and shall not include rent in the housing lease contract. Loan related content.
Commercial banks shall issue housing rental loans on the basis of the registered housing lease contract, and the term of the loan shall not exceed the term of the housing lease contract.
Therefore, when renting a house, tenants should pay attention to check whether there are "rental loan", "rental loan", "rent installment" and other relevant clauses in the house lease contract, and whether additional loan supplementary agreements are required.
If you need to use "rental loans", you should reasonably evaluate your own repayment ability. Tenants should apply for "rental loans" voluntarily. Housing leasing companies and brokerage agencies must not induce or force tenants to use "rental loans" and use "rental loans" for tenants. "Lending" should fulfill the duty of prompting and care.