I have been renting a house for two years, and the rental agent has run away and cannot be contacted

Updated on society 2024-02-20
15 answers
  1. Anonymous users2024-02-06

    Theoretically, the deposit is given to the landlord, and the agent only plays the role of an intermediary and is not responsible for keeping the deposit.

    There is no basis for the landlord to say that the deposit will not be refunded.

    But you have one thing to offer: a deposit receipt. If you have this in hand, it's easy to do.

    The landlord has the right to sue you to move out, but the deposit must be refunded according to your receipt.

    The agent's ** on the house is superficial **, and there is a high chance that it will be recognized by the court. Then the deposit collected by the intermediary will also be recognized as ** behavior.

    Then if the landlord has a different opinion on this deposit, he can use the agent as the first or second defendant.

    If the landlord does not have a rental contract in hand, then it is a lawsuit against the agent with a ** agreement.

    If the landlord has the lease agreement (or you give him a copy), then you and the agent can sue you and the agent for a stay or termination of the contract and the agent to return the deposit.

    If the agent runs away and can't find it at all, and the ** contract and the rental contract are not so formal, the court is likely to award you half of the responsibility, and you may each bear a part of the deposit.

    Of course, it's the same with you figuring it out privately.

    Of course, both landlords and tenants can resort to illegal means. This will not be discussed here. Negative energy. Negative energy.

  2. Anonymous users2024-02-05

    Theoretically, if your rent contract has not expired, you need to bear liquidated damages, and this rent deposit is this, but if you want to change houses when the contract expires, then this deposit should be who signed the contract with you in the first place.

  3. Anonymous users2024-02-04

    Generally, the agent is only responsible for the introduction, not the deposit, which is generally in the hands of the landlord. When the contract is signed, all three parties must be present. Look at how the contract is signed, discuss it with the landlord, it's really not good, the money is gone, and see if the money can live for a few months.

  4. Anonymous users2024-02-03

    What a strange thing! Do you have a lot of deposits! You can seek legal help to solve it!

    If you don't refund the deposit, you don't have to leave! The deposit is one month's rent! You live for another month, the landlord lets you go, you don't want to go!

    Stay until the deposit runs out, move and run! How the landlord loves it! He doesn't dare touch you!

    Let him call 11o to deal with it! But don't touch the landlord! Hope!

  5. Anonymous users2024-02-02

    The rental deposit can be negotiated with the landlord. After the expiration of the rent, you can return the mortgage, and I believe that the landlord will also be reasonable.

  6. Anonymous users2024-02-01

    It depends on the rental method on your rental contract, whether the landlord himself or the intermediary party, who collected the deposit at that time, who is the subject and who bears it, find the right person and then solve the problem, and you can also seek legal help and consult in detail.

  7. Anonymous users2024-01-31

    It is more normal for the agent to run, and it has been so long, and the general deposit agent has also been handed over to the landlord, and there is no intermediary now, so negotiate to solve it.

  8. Anonymous users2024-01-30

    The landlord is solely responsible for the agent, and the deposit should be the responsibility of the landlord

  9. Anonymous users2024-01-29

    The rental deposit is swept away by the rental agent and cannot be processed unless the rental agent can be found.

  10. Anonymous users2024-01-28

    Legal Analysis: You can work with the landlord to sue the agent. You can also negotiate with the landlord to re-sign the lease contract and then find a real estate agent to compensate for the damages.

    Requiring the intermediary company to pay rent to the landlord and bear the liability for breach of contract is a breach of contract by both parties. The landlord has the right to repossess the house if the rent is in arrears for more than 6 months, and all losses are borne by the tenant, that is, the intermediary company. The tenant should collect and preserve the relevant evidence, and consider suing the intermediary in court to demand the return of the rent and compensation for the corresponding losses.

    If the tenant has paid a certain amount of rent and is unable to use the premises with peace of mind, the intermediary shall bear the liability for breach of contract. If there is any loss of rent, it should be recovered from the agent. Theoretically, although the tenant has the right to continue to occupy and use the premises in question, the tenant has the right to pursue the agent's liability for breach of contract if the landlord's constant harassment or water and electricity outages seriously affect the tenant's normal use.

    When signing a lease contract with the tenant, in addition to the necessary written contract, the tenant also needs to verify the identity information of the other party and whether the property rights of the house are clear, and must check the property in the house and agree on the property situation in the contract, and agree to clarify the details and terms of breach of contract in the contract terms.

    Legal basis: Civil Code of the People's Republic of China

    Article 583: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses.

    Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

    Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

  11. Anonymous users2024-01-27

    Legal analysis: It is possible to report to the police or sue to deal with this matter first.

    Legal basis: Civil Code of the People's Republic of China

    Article 961: An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of the contract, and the client pays remuneration.

    Article 962:The intermediary shall truthfully report to the client on matters related to the conclusion of the contract.

    Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information, harming the interests of the client, it shall not request payment of remuneration and shall bear the liability for compensation.

  12. Anonymous users2024-01-26

    If the agent has paid one year's rent to the landlord, he cannot repossess the house; If the agent does not pay the rent to the landlord, it is a breach of contract and the landlord can terminate the contract and repossess the property.

    According to Article 227 of the Contract Law of the People's Republic of China, if the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require the lessee to pay within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract.

  13. Anonymous users2024-01-25

    Alarm handling.

    Normally, you have already paid the money, and the hosting company needs the landlord to go to the escrow company, because they must have signed a lease contract as well. And you have paid the money, the contract has been signed, you are not at fault, and your responsibilities and obligations have been fulfilled, but it is very troublesome to deal with, it is recommended to negotiate with the landlord, the loss of money may be a loss, try to lose as little as possible, so that the landlord can live for a few more months to reduce the loss.

    There are 5 main points in the house hosting business:

    First, the brokerage company and the landlord and the lessee sign a lease contract respectively, and the establishment of this lease relationship is composed of two contracts, one is the lease contract signed between the brokerage company and the landlord (commonly known as: the house collection contract), and the other is the lease contract signed between the brokerage company and the lessee, which is completely different from the so-called "intermediary leasing" business model that completes the leasing business through a "tripartite contract".

    Second, because the housing trusteeship does not adopt a "tripartite contract", there is no necessarily equal mathematical relationship between the rent agreed between the brokerage company and the landlord and the rent agreed between the brokerage company and the customer.

    In practice, the landlord does not interfere with the brokerage company's rent**, that is, the landlord has agreed to the possible "price difference" in the contract, and of course, the loss of empty rent caused by the brokerage company is also borne by the brokerage company.

    Thirdly, the way and term of the brokerage company to collect rent from the client are not necessarily the same as the way the brokerage company pays rent to the landlord, the brokerage company generally collects rent from the client by charging 1 to pay 3 or 1 to pay 6, but the brokerage company pays rent to the landlord by paying it monthly or quarterly (3 months).

    Fourth, in order to minimize the risk of vacancy, brokerage companies will ask the landlord for a period of so-called "vacancy" (rent-free period), which generally ranges from 30 to 45 days. This period of control is clearly stipulated in the contract signed between the brokerage company and the owner, but it is not stipulated that the brokerage company will own the owner with the income from renting out the house during the control period.

    This means that the brokerage company has transferred the income that may be generated within its control to the name of the brokerage company through the provisions of the contract, and there is no suspicion of fraud and infringement.

    Fifth, the owner, the client and the brokerage company shall be liable for breach of contract in different forms if they breach the contract. Under normal circumstances, the amount of liquidated damages is roughly equivalent to 1-2 months' rent, and if the breaching party causes other losses to the non-breaching party in addition to the breach of contract clause stipulated in the contract, it will also bear other liability for compensation according to the loss situation.

    The above content reference: Encyclopedia - Housing Trusteeship.

  14. Anonymous users2024-01-24

    If you're sure the agency is running away. You can take the contract signed with the intermediary company to the court and file a case, and solve it through legal means, and you will not be able to find anyone from the intermediary company.

  15. Anonymous users2024-01-23

    It is possible to request the termination of the contract with the intermediary, who has committed fraud.

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