Youth Economic Theory

  Renting a house encounters black intermediary youth rights protection have "pain points"

  How far are you from "freedom of renting a house"

  Recently, a reporter from China Youth Daily and China Youth Daily interviewed some young renters in Beijing, Chongqing, Qingdao, Chengdu, Zhengzhou and other places, and found that intermediaries violated regulations and the cost of safeguarding rights was too high to seriously damage youth rights.

Experts suggest that, under the existing institutional framework, the Ministry of Housing and Urban-Rural Development, the Communist Youth League and other departments should set up a hotline for youth housing issues to promptly receive complaints from young people in the process of house purchase and rent, and urge functional departments to take action.

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  Xue Qingya was worried about what happened for more than a month.

  On the morning of September 10th, the landlord brought six or seven people to the door and forced her personal belongings out of the room. Her boyfriend was pushed to the ground by the other party. Xue Qingya's grandmother was so frightened that she fell to the ground for a long time before she recovered.

  About 4 months ago, Xue Qingya rented a two-bedroom apartment through Beijing Junqi Real Estate Leasing Co., Ltd. (hereinafter referred to as "Beijing Junqi") and paid a lump-sum annual rent of nearly 42,000 yuan.

But on July 31, the landlord came to the door and said, "The agent has not paid the rent. I want to take back the house. You are going to move out!"

  Lots of problems in the rental market

  On August 29, a China Youth Daily and China Youth Daily reporter saw in Beijing Junqi (Xishangyuan Store) that more than a dozen landlords and tenants came to ask for rent, deposits, or request termination.

In a small room with the word “professional” printed on the window, a 50-year-old landlord and his family were calling the 12345 mayor’s hotline to complain about rent arrears from the intermediary, while a person in charge surnamed Zhang sitting opposite was lying on the floor. Sleeping on the table seems to be accustomed to such complaints.

  Many owners have heard that there is no money in the intermediary company's account.

This statement was also confirmed by the person in charge surnamed Zhang. He said that the capital chain was broken due to poor management of the company. At present, the Tongzhou District Housing and Construction Committee and other relevant departments have decided to help the company find new investments and are signing a letter of commitment with the landlords. , Will compensate the rent owed in batches after the National Day holiday.

  A few days ago, Ni Hong, deputy minister of the Ministry of Housing and Urban-Rural Development, stated at a press conference that 70% of new citizens and young people in big cities live in rented houses.

Related data also show that as of the first quarter of this year, the number of online renting users in my country was 87.116 million.

  Under the huge demand, housing leasing companies have exploded, and many problems have appeared for a while.

In October 2020, Tianyancha released the "Real Estate Industry Enterprise Data Report (2020)". The risk data of the professional version of Tianyancha showed that more than 140,000 housing leasing-related companies in my country have had legal proceedings. The number of disputes over sales contracts and financial loan contracts accounted for nearly 48%.

  Recently, a reporter from China Youth Daily and China Youth Daily interviewed some young renters in Beijing, Chongqing, Qingdao, Chengdu, Zhengzhou and other places, and found that young people are currently very aware of rights protection in accordance with the law, but the high cost of rights protection has caused some to be deeply trapped in "long income". The young people who short-paid traps and “rent contract traps” have become payers.

  There is still a market for the "long-term payment and short-term payment" model

  In March of this year, Bai Yingxue rented a one-bedroom apartment through Beijing Junqi, and under the temptation of preferential discounts, he chose to pay the annual rent and paid more than 30,000 yuan in rent.

She has just moved in for 3 months, and the landlord requested to terminate the contract due to the rent arrears from the intermediary, urging Bai Yingxue to move out as soon as possible.

  "After I agreed with the intermediary to cancel the rent, I have not yet received the remaining rent. The intermediary also deceived the staff of the relevant department to say that it had paid me money, and threatened in front of the public security police that "no money will be given to the prosecution"." One month Inside, Bai Yingxue asked the company for leave 6 times, called the police 4 times, and made multiple rights defense calls, but still did not get back the remaining rent of more than 20,000 yuan.

On August 20, Bai Yingxue filed a lawsuit in the court, "still waiting for news of the court hearing."

  The reporter learned from many landlords and tenants that Beijing Junqi’s usual practice is to rent the landlord’s house at a high price on the condition that there is a 45-day rent-free period, that is, they only pay the landlord 10.5 months of rent a year. Make a monthly payment.

After that, they rented out the house at a low price, but required a one-year rent, maintenance and cleaning fees, and a deposit.

This "long-term income, short-term payment" and "high-in-low-out" business model is similar to the practice of some long-term rental apartments in previous Thunderstorms. The difference is that the latter introduces a "rental loan", while the former provides the tenant with cash once. Sexually paid the rent.

  "It seems that the intermediary is losing money, but in fact they are using the time difference to collect rent for company operations and other investment activities. If the agency has enough housing, the funds received will be very substantial. These funds are often in a regulatory vacuum. "Beijing Deheheng Law Firm Wang Wending said that the "long-term income, short-term payment" and "high-in-low-out" model is a high-risk business model adopted by rental agencies for rapid expansion and competitiveness enhancement. The requirements for operational capabilities and risk control capabilities are extremely high.

  In recent years, the establishment of a sound rent and deposit supervision system has received more and more attention from the supervisory authorities.

In September last year, the "Regulations on Housing Leasing (Draft for Soliciting Opinions)" publicly solicited opinions, and in August this year, the "Regulations on Housing Leasing of Beijing (Draft for Soliciting Opinions)" publicly solicited opinions.

Beijing’s "Draft for Comments" puts forward that high-risk business models such as "high input, low output", "long income and short payment", as well as the supervision of rents and deposits, proposed that the amount of rent collected by housing leasing companies from tenants should generally not exceed 3 If the total monthly rent exceeds, the rent collected shall be put under supervision.

The amount of the deposit collected by the housing leasing company from the lessee shall not exceed one month's rent, and it shall be held in custody through a third-party special account as required.

The "word game" in the rental contract

  In November last year, Zhang Pingan rented a house through Beijing Zhongrun Home Real Estate Brokerage Co., Ltd. (hereinafter referred to as "Zhongrun Home") in Funian Square, Tianfu 3rd Street, High-tech Zone, Chengdu.

  “It turned out to be three rooms and one living room, and the partition was changed to five rooms.” Zhang Ping’an told China Youth Daily·China Youth Daily that he was anxious to rent a house due to internships. After simply viewing the house, he signed a rental contract with the agency. “The contract was at that time. It is stated that the cancellation of the rent must be notified in advance and cooperate with the intermediary to lead people to see the house."

  In July of this year, Zhang Pingan explained to the intermediary in advance that he would withdraw the lease upon expiration in accordance with the contract.

However, the "cooperating in house inspection" at this time has become the "24-hour cooperation in the house inspection and not allowed to lock the door" in the intermediary's mouth.

This is impossible for Zhang Ping An, who goes to work during the day.

It can be seen from the video provided by Zhang Pingan that during the coordination between the local police, a staff member of the store who claimed to be the person in charge insisted that Zhang Pingan did not "cooperate with the house inspection" as stipulated in the contract, and breached the contract first, "We have The right to change the password of the house and (their) must move out immediately, otherwise the lawsuit will be taken."

  In the end, Zhang Pingan still failed to guard the house. On August 10, the intermediary changed his house password on the grounds that Zhang Pingan did not cooperate with the house inspection, which prevented him from entering the house and unable to pack his personal belongings.

On August 15, he moved out of the house and lost half of his deposit and half a month's rent.

On the same day, Cui Yue (pseudonym), a college student who rented a house from Zhongrun Zhijia Store on Jinshui Road, Jinshui District, Zhengzhou City, also hurriedly moved out of the house.

  On June 28 this year, Cui Yue and her classmates rented two houses through Zhongrun Home for an internship in Zhengzhou, signed a one-year rental contract, and paid two months’ rent, deposit, maintenance and cleaning fees. And so on, totaling more than 9,000 yuan.

  "The house was originally 3 rooms and 1 living room, partitioned into 4 rooms for rent. Before signing the contract, I repeatedly stated that I would only live for two months. After the expiration, the intermediary was responsible for subletting. In mid-August, the intermediary did not fulfill the promise, but also called for payment. In September, if you don’t pay the rent, you will be considered a breach of contract, and you will have to deduct a penalty, and ask to move out half a month in advance.” Cui Yue told a reporter from China Youth Daily and China Youth Daily that she was caught off guard by the intermediary’s “face change”, and she reviewed it again. The electronic rental contract signed in the WeChat applet of the intermediary company at the time found that there were clauses such as "tenants have no right to sublet privately, and must sublet through the intermediary" and "pay the next month's rent 15 days in advance".

Cui Yue said that when the contract was signed, it was difficult to review item by item due to the many clauses in the contract and the very small font.

  A business manager surnamed Xu from the intermediary store told China Youth Daily and China Youth Daily that the above clauses had been informed before signing the contract. It is fulfilled in accordance with the contract. She pays the rent for the next month, and we will continue to help sublet, but we can’t all count on us to sublet. The epidemic has increased the flood situation, and the house is really not easy to sublet. The contract can be checked at any time on the company’s WeChat public account, and It can be downloaded on the computer."

  In view of the situation in Zhengzhou just after the flood situation and the outbreak, Cui Yue negotiated with the intermediary company to live until August 28. The remaining deposit and maintenance and cleaning fees were not required to be refunded by the intermediary, but failed.

On August 15, Cui Yue and her classmates moved out of the house.

The next day, they filed a lawsuit with the People’s Court of Jinshui District, requesting the intermediary to refund the remaining rent, maintenance and cleaning fees and deposit, totaling more than 5,000 yuan. "In mid-September, the court mediator called me and said that the intermediary refused to mediate. School starts, and my classmates and I are waiting for notice from the court."

  There are many routines, the deposit is difficult to return, the liquidated damages are too high, the maintenance responsibility is not agreed, and the force majeure clause is missing... For young renters with a lack of legal knowledge, the "word game" in the rental contract can be described as unpredictable.

  The reporter noticed that Beijing, Tianjin, Chengdu and other places have all printed and distributed the "House Rental Contract (Model Contract)", and made corresponding provisions on the online signing and filing of rental contracts, payment of house rental taxes, etc., but did not compel housing rental companies and real estate companies. Used by brokerage agencies.

  A renting agent told China Youth Daily and China Youth Daily that in specific business, the landlord and the tenant are rarely told to sign a model contract issued locally. “On the one hand, the landlord is afraid that the landlord will have to pay the rental tax because of the signing; On the other hand, tenants rarely make this request."

  "Using the template of the rental contract as a template can avoid the'routines' in the contract to a certain extent." Wang Wending said that although my country's service quality and regulatory supervision of the housing brokerage industry is gradually increasing, the "black intermediary" has adopted the "yin and yang contract". ""Contract word games", "format contract traps" and other situations of obtaining improper benefits still exist in large numbers, and they are often difficult to avoid." The number of customers is a minority, and in most cases, the intermediary decides what they plan to sign."

  Rights protection "powerlessness" rises

  "Reporting to the police, calling complaints and other rights protection methods seem very weak." In May of this year, Li Lanlan rented a house through an intermediary surnamed Ma from Yunxiangju Real Estate, Shibei District, Qingdao, and paid half a year's rent at one time. , Deposit and intermediary fees, totaling 8,000 yuan.

  But two months later, because the house was moldy and unsuitable for living, Li Lanlan asked the agent to withdraw the rent.

According to the contract, Li Lanlan is willing to cancel the contract by breaking the contract in advance, and pay one month's rent as a liquidated damage, and the intermediary can refund the remaining rent.

  "(But the intermediary) said in front of the police that I would not check out the rent, and said that I am not afraid to sue her. The public security has no jurisdiction over contract disputes. After calling the 12345 mayor’s hotline to complain, the relevant housing and construction department staff said that they had no law enforcement power. It is recommended that I recover the loss through prosecution.” Li Lanlan told China Youth Daily and China Youth Daily that she filed a lawsuit with Qingdao Shibei People’s Court on August 10. Currently, through pre-trial mediation, the intermediary only refunded the rent for 3 months.

On September 25, the reporter called an intermediary named Ma related to the matter, but the other party refused to respond to the matter, saying only that "Li Lanlan lost the case, don't listen to her nonsense."

  In the process of defending rights, Cui Yue also felt "feeling powerless." "The police said that this was a contract dispute and suggested that we sue. They complained online to the market supervision and management department, and replied that we should contact the local housing management bureau. After calling the housing management bureau's complaint number , And said that we couldn’t deal with it directly, so we called the mayor’s hotline. After contacting the housing management bureau by dialing the mayor’s hotline, (the housing management bureau) also suggested that we sue."

  "Housing has a strong positive driving effect on the sense of gain, happiness and security of young people. It is urgent to pay attention to the problem of young people renting houses in big cities." Lian Si, an expert committee member of national mid- and long-term youth development planning and a professor at the University of International Business and Economics told China Youth Daily and China Youth Daily reporter, the supervision of the rental market involves the Ministry of Housing and Urban-Rural Development, the Ministry of Public Security, the Ministry of Justice, the State Administration of Taxation, the State Administration of Market Supervision, and the China Banking Regulatory Commission.

Only when all departments work together can they effectively crack down on "black intermediaries" and eradicate the chaos in renting houses. Otherwise, it will lead to the situation of water control in Kowloon. Once there are loopholes in supervision, the cost of rights protection for renting young people will increase, and the "feeling of powerlessness" will also increase.

  It is understood that at present, chaos in the rental market is still frequent. Some intermediaries undertake real estate brokerage business in their personal name, publish false advertisements, false housing information, threaten tenants with threats, intimidation, etc., and use keyholes, water and electricity cuts. , Abuse, harassment, etc. to expel tenants and forcibly charge various fees.

Not long ago, news of a male intermediary's telephone harassment and text messages threatening female renters attracted attention.

The intermediary involved threatened that "I can see the address" and "I will definitely not make you feel better", but later argued that "it was all anger and no substantive action."

  "Finally, the intermediary fired the person involved and apologized to me." The tenant told China Youth Daily and China Youth Daily. When he first complained to the store, the store manager said that "(the staff) was just a momentary excitement" because of fear. When her personal safety was threatened, she decided to call the police and expose it on Weibo. "It took two weeks before and after, which greatly affected her life and work."

  In recent years, various localities have stepped up efforts to crack down on "black intermediaries."

In 2018, Beijing relied on the Beijing 12345 government service hotline to open a hotline for combating "black intermediaries" complaints and reporting.

The Shanghai Real Estate Brokerage Association has publicized the list of violations in the real estate brokerage industry for many years, and many people have been banned from business for 5 years.

The "Regulations on Housing Leasing (Draft for Solicitation of Opinions)" proposes that the state implements a real-name registration system for real estate brokerage practitioners.

Professionals engaged in real estate brokerage refer to real estate brokerage practitioners who have passed the professional qualification examination for real estate brokerage professionals and obtained professional qualification certificates.

The real estate industry organization shall establish and improve the codes of conduct for housing leasing and real estate brokers, professional ethics and other regulations, strengthen self-discipline management, improve the professional level of employees, and promote the development of the industry.

  "Low barriers to employment, backward thinking and service concepts, lack of standardization of service levels, processization, and imperfect supervision of practitioners... These realities have created a perception that'anyone can be an intermediary','black intermediary' It has already become the antithesis of'professionalism'." In this regard, Lian Si believes that only by improving the government's supervision capabilities and accelerating the establishment of an information service supervision platform, can we effectively solve the "pain points" of youth renting rights from the source and truly realize the "freedom of renting."

  He suggested that under the existing institutional framework, the Ministry of Housing and Urban-Rural Development, the Communist Youth League and other departments should lead the establishment of a hotline for youth housing rights protection and a policy consultation platform to promptly accept complaints from young people in the process of house purchase and rent, and urge functional departments to take action.

  China Youth Daily·China Youth Daily reporter Wang Shanshan Source: China Youth Daily

  Version 05 on September 28, 2021