Young people need to learn to avoid pitfalls by legal means
Renting intermediary papers are missing, college students' rights protection is blocked
Signed a contract with the renting agency and paid half a year's rent, but Dong Xinqi, who was not long after graduating from university, was "ejected" out of the rented house.
Not long ago, several people who claimed to be landlords came to the door and told Dong Xinqi that they had not received the rent for more than a month and could not contact the agency.
Dong Xinqi called the intermediary brother who contacted him to sign the payment and found that he had been blocked.
Some dumbfounded Dong Xinqi realized that she had been cheated.
In desperation, he and two other tenants went to the police station to report the incident.
The staff told him that several landlords and tenants involved in this company had come to report the case.
After registering his deception situation as required, Dong Xinqi has not yet received the news that the public security department has filed a case against this intermediary.
Landlords and tenants are "pitted at both ends"
Dong Xinqi, a 23-year-old boy from Zhejiang Province, is a fresh graduate of Tianjin Agricultural College.
Since the second semester of his senior year, he and his classmates have started to look for jobs, and several people have discussed sharing a lease in a community a little closer to the work place.
After many inspections, they chose the Jinzhou Garden Community in Xiqing District, Tianjin.
It is adjacent to 3 colleges and universities, surrounded by science and technology parks, commodity wholesale markets and furniture and building materials city. For many young people studying and working nearby, renting here has an ideal location advantage.
In February of this year, after comparing prices on multiple online rental platforms, Dong Xinqi found that renting information on Xianyu is cheaper than other platforms. “The same apartment has a monthly rent of 200 yuan less.” This is for those who have just joined the workforce. There is a certain attraction for young people.
Through online contact, a few days later, Dong Xinqi and an intermediary brother who claimed to be a staff member of the tenant's apartment met in a two-bedroom apartment in Jinzhou Garden.
The agent brought Dong Xinqi into the room to check, and handed him a house lease contract.
The two parties agreed that the rent is 2500 yuan per month and the lease term is 6 months.
In March of this year, in accordance with the payment regulations of "pay one for three", Dong Xinqi and classmate Xia Zikang moved in after collecting the first rent of 10,000 yuan.
Three months later, the two young men saved enough rent for another three months and paid the rent through the official WeChat payment platform of the tenant apartment.
Unexpectedly, the landlord knocked on his door the next day after payment.
The landlord told him that since March this year, he has only received two months' rent from the intermediary, and has never received any money since then. "Now even the intermediary's figure is missing!"
Nowadays, when it comes to intermediaries, the landlord, Uncle Li, is furious.
His house in Jinzhou Garden has been pitted twice by different agencies.
Earlier, Eggshell Apartments came to him, claiming to help him rent a good price.
Unexpectedly, a few months later, the eggshell apartment closed down, and the rent owed to him was gone.
As soon as the forefoot eggshell apartment closed down, a tenant's apartment came to the backfoot.
An intermediary guy in the tenant's apartment blocked his door, patted his chest and promised him that he would never suffer again.
Uncle Li was foolishly coaxed by the young man to sign an agreement and give them the key to the house for rent.
After living for most of his life, Uncle Li never expected that he would fall twice in the same pit.
After the agent transferred him the rent for two months according to the monthly rent payment method, he kept dragging on the rent and refused to pay him.
After renting a house for more than a year, according to the monthly rent of 2,800 yuan, Uncle Li has not recovered more than 30,000 yuan of rent, and he is still upset.
He asked someone to help find the registered location of the tenant's apartment, and found that the building was empty.
College students have no way to defend their rights
After being blackmailed by the agent, Dong Xinqi met a young couple in the community who were also deceived by the tenant's apartment. Through her understanding, they learned that the deceived tenants were far more than a few of them.
Tianyan Check shows that this Tianjin Tenant Apartment Management Co., Ltd. has now been involved in multiple legal cases, all of whom are defendants in housing lease contract disputes, and are marked as "high risk" by Tianyan Risk.
At present, the mobile phone number reserved by the legal person of this company has become an empty number. In May of this year, the company applied for cancellation and dissolution.
But after discovering that he was blocked by an intermediary in June of this year, Dong Xinqi used his classmate’s mobile phone number to pretend to be a tenant to contact the intermediary brother who rented a house to him at the time. The other party still said that he could rent a house through him, but he needed the client to see the house and sign online. That is to say, open the door of the designated house through the code lock to check the door according to the designated time, and the contract is online electronic signing, that is to say, the intermediary does not show up in the whole process.
I paid my rent, can I move out when it expires?
Xia Zikang consulted a lawyer, and the answer was that the analysis should be based on the type of contract signed between the landlord and the intermediary.
If the landlord and the intermediary company signed an agency contract, the tenant can refuse to move out.
If the landlord and the intermediary company sign a house lease contract, then the landlord is the lessor, the intermediary company is the tenant, and the tenant is the secondary tenant.
If the intermediary company breached the contract and failed to pay the rent in time, the landlord has the right to terminate the lease contract between both parties and request the tenant to return the house in accordance with the contract.
In desperation, Dong Xinqi and Xia Zikang had to temporarily find acquaintances to help recommend houses and moved out.
At present, both Dong Xinqi and the landlord have reported to the local police station.
Zhou Chuanbao, the director of the Tianjin Xing'an Law Firm, said that after the real estate agency collects the money, the building is empty, and the homeowner and tenant can call the police for help.
However, whether the public security organs file a case depends on the specific circumstances.
Only when the public security agency finds that the real estate agency's behavior is suspected of illegal crimes can the case be opened.
Otherwise, on the grounds of economic disputes, the homeowner or tenant is advised to file a lawsuit with the people's court for settlement.
Be wary of "high income and low rent" renting routines
Since 2020, in the information publicly reported nationwide, dozens of parents’ apartment rentals have "exploded" and "run off"; at the peak, as many as 15 long-term rental apartments have been exposed and closed within one month. .
Subsequently, many places have issued relevant documents to remind the people to pay attention to the risks in the housing leasing market and to be wary of "rental loans", "high-in-low-out, long-term receipts and short-term payments".
China Youth Daily and China Youth Daily reporters combed and found that they have roughly the same routine.
First of all, these companies are new companies with a relatively short establishment time.
The tenant apartment contracted with Dong Xinqi was established in November 2020.
In order to accumulate money quickly, most of these intermediaries operate in the mode of "long income and short payment, high income and low output".
After communicating with the landlord, Dong Xinqi learned that for her rented house for 2500 yuan a month, the intermediary promised the landlord 2800 yuan a month. "Does the intermediary still need to post money in doing business?"
According to industry insiders, after setting up a housing leasing company, some people collect their houses in the market at a high price, or sneak into some online social platforms to divert themselves and expand their listings as quickly as possible; on the other hand, in order to attract more tenants, they also Offer a rent lower than the average market price.
Different payment methods will also be used to adjust rents. For example, the average annual price is lower, and the rent will be more expensive if one mortgage is paid for three, so as to attract tenants to pay long-term rent.
Now Dong Xinqi suddenly realized that, on the surface, those intermediaries are constantly losing money with "high income and low output", but in fact they are focusing on all the rents of the tenants.
After a large number of tenants got their rents, they simply disappeared.
Right now is the graduation season, and it is the peak period for newly employed college students to rent houses.
The various disputes arising from renting a house have made many college graduates who have just entered society miserably.
Attorney Zhou Chuanbao reminded that when college students rent a house, they usually find an intermediary first, but when signing the rental contract, they should try their best to face-to-face with the landlord. Before signing the contract, take photos or copy the real estate certificate and the identity information of the property owner.
If the homeowner cannot go to the scene to sign the contract, and the real estate agent signs the contract on his behalf, or simply signs the contract directly with the agent, pay attention to whether the agent holds the power of attorney signed by the owner himself, the original escrow contract and other materials, and Take photos or photocopies for retention.
In particular, it is important to review whether there is authority to collect rent on behalf of the power of attorney or escrow contract.
If not, avoid paying the money to the intermediary and pay directly to the homeowner’s account.
If the intermediary has the authority to collect rent, it is best to communicate with the landlord and keep evidence. In the event of a dispute in the future, you can use evidence to defend your rights.
"In the past two years, especially since the outbreak of the new crown pneumonia epidemic, some real estate agencies have been down, the capital chain has broken or even people have gone to empty buildings, which has indeed led to more disputes between homeowners and tenants." Zhou Chuanbao suggested that relevant departments should deal with real estate leasing business. The intermediary or intermediary agencies further strengthened management, "allowing young people who work hard in this city to have a stable'home'."
China Youth Daily · China Youth Daily reporter Hu Chunyan Source: China Youth Daily