If the hosting company runs away, why can t the landlord evict the tenant?

Both parties are injured, the landlord cannot evict the tenant, and both parties can negotiate.

01. The housing trusteeship company ran away with money. Now that more and more people go out to work, they definitely need to rent a house outside, which gives some people an opportunity. On September 7, CCTV News exposed a news about a housing hosting company running away with money, A long-term rental apartment company in Shanghai collected a lot of money and ran away by charging a low price, and the tenants chose to call the police after discovering that the company had closed down.

**After intervening in the investigation, it saidThe company lures landlords with ** rent, and makes landlords give them the rent, and they rent it out at a low price, but they demanded that the tenant had to pay a large amount of rent, and when they had a large amount of money, they did not give the landlord a penny and ran away. Such a ** is not very clever.

The main thing is to take advantage of people's greed and penchant for cheapness, the landlord is the greedy party who wants to rent with **, the tenant wants to be cheap, and in the end both parties are fooled. This incident quickly aroused discussions among netizens, and the biggest discussion was whether the landlord should be able to evict the tenants, after all, the landlord didn't get a penny, and the house was returned to the tenants.

In fact, a lawyer has already issued a statement on this issue, and the lawyer said that this situation is a special caseBoth parties are victims, and the landlord has no right to evict the tenant, but both parties can negotiate. But personally, I think this is probably very difficult to negotiate, maybe some people will definitely negotiate with each other, but there are definitely some people who are unwilling to negotiate.

02. Is negotiation really useful? This negotiation is nothing more than a communication between the landlord and the tenant to renegotiate a reasonable **, which means that the tenant also has to pay a sum of money to pay the rent, which is probably unacceptable for some tenants, who are also victims, and now come to such a place, there will be conflicts.

And for the landlord, it turns out to be a negotiation, which means that the tenant will not pay a lot of money. Many people are greedy, and it may be 3,000 a month to rent out their house, but the negotiation may only be 1,000. I guess some landlords can't accept this, but there really can't be any other way to do it.

Although consultation cannot completely solve the problems of everyone, it can solve the problems of some people, which is also the best way to deal with them at the momentOf course, if the case can be solved as soon as possible, it may be possible to recover the losses of both parties, which is the only better way than negotiation. But it always takes time to solve a case.

Nowadays, scams are also endless, especially for some people who work outside, everyone goes out to make money, and some people always want to have low prices in order to save money, so it is easy to be deceived. And when you go out, you must be on guardWhen you encounter something, try to take pictures as evidence, even if something happens, you can protect your own interests. If necessary, you can check what is available on the Internet to prevent yourself from being deceived in the future, and finally hope that you can solve the case as soon as possible.

Let's first analyze the ins and outs of the matter, the so-called escrow company is to attract landlords with high rents and tenants with low rents, requiring tenants to pay a large amount of rent at one time, but it is paid to landlords on a monthly basis. At this time, there are inevitably two differences, one is the difference between paying at high rent and renting out at low rent, and the second is the difference between one-time payment and monthly payment. Then the tenant and the landlord were left behind.

In this case, the landlord cannot evict the tenant, which can be traced from two aspects: the cause and the impact

On the one hand, the tenant signed a contract with the escrow company, and the tenant paid a large amount of rent to the escrow company at one time, and the tenant enjoyed the right to live in the house during the contract period, which was protected by law, and on the other hand, the relationship between the escrow company and the landlord was that the escrow company paid the landlord rent on a monthly basis, but after the escrow company ran away, the landlord did not receive the rent at this time, so he could recover the rent from the escrow company. However, the escrow company has run away, because the landlord did not sign the contract directly with the tenant, so he cannot directly repossess the property from the tenant, we can see that the key problem is that the escrow company is the real one who breaks the contract, and the tenant and the landlord are both victims, and in this case, the landlord cannot forcibly evict the tenant.

In terms of impact, imagine if the landlord forcibly took the tenant's house, then what would go wrong? At this time, the tenant did not find a house in time, coupled with the loss of money, the tenant was in internal and external difficulties, and at this time it is likely to be threatened by personal safety, which is easy to undermine social harmony and stability, so it is reasonable for the landlord to forcibly evict the tenant.

So, some people will say that the landlord is also a victim, what about the rights and interests of the landlord, yes, so at this time, the landlord and the tenant need to negotiate and understand each other. The landlord relaxes the period of residence for tenants, and tenants are actively looking for their next house, and they are actively chasing back the escrow company that ran away. After all, benevolence, righteousness, courtesy, wisdom and trustworthiness, tolerance and understanding are traditional Chinese virtues, and as Chinese sons and daughters, we should be considerate of each other, help each other, and work together to create a harmonious and beautiful society.

Because the tenant is also a victim, and the tenant has a lease contract, in a sense, the relationship between the housing trustee company and the landlord belongs to the relationship between the principal and the principal, and any power of attorney signed by the entrusted person to sign a lease contract with the tenant in the name of the landlord is directly applicable to the legal consequences of the entrustment - that is, the consequences of the behavior of the **person (housing trustee company) are borne by the **person (the landlord, also known as "me" in law), so the landlord cannot evict the tenant, Damages suffered by the landlord should be claimed separately from the escrow company.

Because they have a contract in hand. Although the escrow ran away, the tenant did not sign a contract directly with the landlord, and the landlord signed a contract for the escrow, so the landlord could not evict the tenant and could only sue the escrow.

Because the landlord entrusted the management of the house to a hosting company. There is no direct connection between the tenant and the landlord, and the tenant cannot be evicted at will.

Because the tenant is also a victim, the landlord has carte blanche to hold the house, and the escrow has a contract with the tenant, so the tenant cannot be evicted.

Because the tenant is signing a contract with the escrow company, rather than directly establishing a contract with the landlord, the landlord can only find the escrow company and has no right to evict the tenant.

Legal analysisIf the tenant has paid the rent and is still within the term of the lease, the landlord cannot directly evict the tenant. The landlord can sue the escrow company for rent payment.

If the landlord has a commission contract with the escrow company, then the landlord does not have the right to repossess the house. If the landlord has a lease contract with the escrow company, the landlord has the right to repossess the property. If the tenant fails to pay the rent on time, the lessor can terminate the lease contract, and after the lease contract is terminated, the tenant can be required to move out of the premises.

Legal basisArticle 722 of the Civil Code of the People's Republic of China If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request 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.

(1) The intermediary company signs a lease entrustment contract with the landlord: The intermediary company accepts the entrustment of the landlord and signs a housing lease contract with the tenant in the name of the landlord or itself, and collects a certain amount of commission or **fee from the landlord. In this case, the landlord does not have the right to evict the tenant directly and repossess the property.

2) The intermediary company signs a lease contract with the landlord: At this time, the intermediary company signs a sublease contract with the tenant, and the landlord has the right to terminate the original lease contract in accordance with the lease contract or the law, and then require the tenant to move out and take back the house. The tenant can pursue the intermediary company's liability for breach of contract or negotiate with the landlord to re-sign the lease contract.

Legal basis: Article 162 of the Civil Code stipulates that civil juristic acts carried out by ** persons in the name of ** persons within the scope of their authority shall be effective against the ** persons.

Article 562 of the Civil Code: The parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563:The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Need to rent a new lease and sue the escrow for a refund of the rent.

If the escrow company defaults, the landlord shall comply with the termination conditions agreed in the lease contract or the Civil Code

Article 722 provides for the statutory right of rescission.

If the lease contract is terminated, the custodian company will lose the right to lease and the right to sublease, and the tenant will also lose the right to lease, except for those who pay the rent on behalf of the tenant in accordance with Article 719 of the Civil Code.

It is advisable for young tenants, especially university graduates, to rent a house as much as possible and try not to sign a contract with a hosting company, and preferably directly with the landlord. If it is difficult to find a house and you have to sign a contract with the escrow company, do not pay the rent for a long period of time at one time, and try to pay it monthly or quarterly to prevent large losses after similar problems.

If the landlord insists that the tenant move out, the tenant can file a lawsuit against the landlord and the escrow company as co-defendants.

The landlord does not have the right to evict the tenant during the term of the contract signed between the landlord and the escrow company. If the landlord insists that the tenant move out, the tenant can file a lawsuit against the landlord and the escrow company as co-defendants. If the escrow company and the landlord terminate the contract, it must not affect the financial interests of the tenant.

According to Article 236 of the Contract Law of the People's Republic of China, if the lease period expires and the lessee continues to use the leased property, and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease term shall be indefinite.

According to Article 229 of the Contract Law of the People's Republic of China, if the ownership of the leased property changes during the lease period, the validity of the lease contract shall not be affected.

According to Article 224 of the Contract Law of the People's Republic of China, the lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid, and if the third party causes losses to the leased property, the lessee shall compensate for the losses.

The landlord can file a lawsuit to demand that the housing trustee bear the liability for breach of contract, and the landlord will also be liable for the losses caused by the landlord to the tenant, and if a dispute arises, a lawsuit can be filed with the court.

Legal basisArticle 582 of the Civil Code of the People's Republic of China: Where performance does not conform to the agreement, liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.

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.

Civil Code of the People's Republic of China

Article 233:Where property rights are infringed, the rights holder may resolve the matter through means such as conciliation, mediation, arbitration, or litigation.

The tenant may request a reduction in rent or not pay the rent.

In accordance with Article 1 of the Contract Law of the People's Republic of China.

Article 228 stipulates that if the lessee is unable to use or benefit from the leased property due to a third party's claim of rights, the lessee may request a reduction in rent or not pay the rent. If a third party asserts rights, the lessee shall notify the lessor in a timely manner.

If the ownership of the leased property changes during the lease period, the validity of the lease contract shall not be affected. If the lessor sells the leased premises, it shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the right of first refusal to purchase the property under the same conditions. If part or all of the leased property is damaged or lost due to reasons not attributable to the lessee, the lessee may request a reduction in rent or not pay the rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the leased property, the lessee may terminate the contract.