Can a property evict all tenants from an underground car park on the grounds that the underground pa

1. It is necessary to clarify the issue of basement property rights, which belong to the development of the builder and are the property rights of the builder, and according to the provisions of the Property Law, the builder has the right to deal with it, and the builder has the final say on whether it is a sale or lease. If the property belongs to the builder, it is legal for the developer to sell the property.

2. The purchase and sale of underground parking lots is done by the local real estate management bureau in accordance with the requirements of the "Commodity Housing Sales License", and the Housing Authority should check the "Commodity Housing Sales License".

3. The lease agreement is valid, and the property company's practice is unreasonable. According to the law, you have the right to continue using the lease until the end of the contract. As for the new buyer who has a new agreement with you, that's a different matter.

Is this satisfying? Please reply.

First, it mainly depends on the "Lease Contract" signed by the tenant and whom, and whether there are relevant provisions on rent withdrawal in the "Lease Contract"; The tenant can be determined based on the Lease Contract;

Second: if the right to use or ownership of the underground parking space has been sold, then the purpose of the underground parking space is for parking, not for residents, and the tenant moves out to a certain extent, and the tenant can find the tenant to compensate for the loss.

Contract Law of the People's Republic of China

Article 228 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.

Article 231 If the leased property is partially or wholly 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.

Article 232: Where the parties have not agreed on the term of the lease or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, it shall be deemed to be an indefinite lease. The parties may terminate the contract at any time, provided that the lessor shall notify the lessee of the termination of the contract within a reasonable period of time.

Article 233 If the leased property endangers the safety or health of the lessee, the lessee may terminate the contract at any time, even if the lessee knows that the quality of the leased property is not up to standard at the time of entering into the contract.

1、.This depends on whether the underground parking lot occupies the owner's shared area. It is still the construction of Fangkai's own investment. Property rights issues.

If the parking lot is within the owner's shared area, it cannot be sold. If the property right is opened, how can it be sold, but the property regulations are not allowed to only sell without renting, and the needs of the owner must be met first.

2. Real Estate Bureau.

3. Whether there is a breach of contract, this is based on the "Contract Law", this article in the agreement you mentioned is an overlord clause, and I estimate that you will definitely win the lawsuit against him.

1. Illegal;

2. Go to the Housing Authority for inquiry; The right of developers to sell parking spaces is now unclear in law;

3. The sale of parking spaces should not affect the use of tenants.

It depends on whether you have a parking space attached when you buy a house, and if there is no parking space attached to the property, it is legal.

1. Is it legal to only sell and not rent underground parking spaces in the community.

1. It is legal to only sell and not rent underground parking spaces in the community. The owner has exclusive control over all the property within the scope of the law, and the owner has the right to occupy, use, benefit and dispose of the property he owns, and can exclude the interference of others in his property against his will, and ownership is the most complete and sufficient property right in the real right. Therefore, the property right unit of the parking space has the right to dispose of the parking space, which can be rented or sold.

The developer has the right to the underground garage and can choose to rent it or choose it**, and the law is not limited, so it is not illegal to only sell and not rent.

2. Legal basis: Article 274 of the Civil Code of the People's Republic of China.

Roads within building zoning belong to the owners in common, except for urban public roads. The green space within the building zoning belongs to the common ownership of the owners, except for the urban public green space or the express belonging to the individual. Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.

Article 275.

In the building zoning, the ownership of the parking spaces and garages planned for parking cars shall be agreed upon by the parties through **, gifts or leases.

Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common.

2. What is the process of buying a parking space?

1. The owner registers the intended parking space number at the property management office, and the property management office issues the "Underground Parking Space Subscription Registration Form";

2. The owner shall pay the full amount of the parking space to the sales department of the real estate company at the agreed time with the "Subscription Registration Form";

3. Sign the "** Contract" according to the time agreed by the sales department of the real estate company. With the "Household Entry Form" issued by the sales department of the real estate company, go to the property management office to pay the parking space management fee and go through the household entry procedures.

Summary. Hello, you need to confirm the ownership of the parking space first. There are currently three types of property rights of underground parking spaces, and community owners must find out the ownership of parking spaces before purchasing underground parking spaces in the community.

In the first case, if the area of the underground parking space has been included in the shared area at the time of purchase, this kind of underground parking space cannot be described, and belongs to all the owners of the community, and the developer has no right to sell, let alone transfer.

In the second case, if the construction area of the underground parking space is not apportioned, and the developer obtains the garage property right alone, the developer can have the property right to the buyer, but the underground garage can only be pre-sold to the pre-purchaser of commercial housing within the community. Furthermore.

The third situation is that some of the underground parking spaces belong to civil air defense projects, and civil air defense projects are compulsory by the state, and developers are prohibited from selling. According to the People's Republic of China Civil Air Defense Law

Article 5 stipulates: "Civil air defense projects shall be used and managed by investors in peacetime, and the profits shall belong to investors." "According to this article, if the underground parking space belongs to the civil air defense project, that is, the developer's investment has been automatically transferred to all the owners with the transfer of land use rights, so the income from the garage rebuilt by the civil air defense project belongs to all the owners.

Can the excess vacant land outside of the underground parking space be sold to the owner?

Hello, I'm happy to answer for you, I'm Mr. Sunny, your question will be done by me, it will take a while for the whole answer to the silver, please wait patiently for 5 minutes

Hello, you need to confirm the ownership of the parking space first. There are currently three types of property rights of underground parking spaces, and the owners of the community must find out the ownership of the parking spaces before purchasing the underground parking spaces in the community. In the first case, if the area of the underground parking space has been included in the shared area and apportioned at the time of purchase, this kind of underground parking space cannot be issued with a property right certificate, and belongs to all the owners of the community, and the developer has no right to sell, let alone transfer to the regular register.

In the second case, if the construction area of the underground parking space is not apportioned, and the developer obtains the garage property right alone, the developer can have the property right to the buyer, but the underground garage can only be pre-sold to the pre-purchaser of commercial housing within the community. In addition, the third situation is that some underground parking spaces belong to civil air defense projects, and civil air defense projects are compulsory supporting facilities by the state, and developers are prohibited from selling. According to Article 5 of the Civil Air Defense Law of the People's Republic of China:

Civil air defense projects are used and managed by investors in peacetime, and the profits belong to investors. "According to this article, if the underground parking space belongs to the civil air defense project, that is, the developer's investment has been automatically transferred to all the owners with the transfer of land use rights, so the income from the garage rebuilt by the civil air defense project belongs to all the owners.

Legal analysis: According to the provisions of the Civil Code, the ground parking space in the community is a parking space on the shared area of all owners of Qin Hengzhi, occupying the road or other sites shared by the owners for parking cars, which belongs to the common suspicion of the owners. The property is not entitled to be rented out separately without the owner's authorization.

Legal basis: Civil Code of the People's Republic of China Article 275 The ownership of parking spaces and garages planned for parking cars in building zoning shall be agreed upon by the parties through means such as **, gift or lease. Occupying a parking space on a road or other site jointly owned by the owner for parking a car is a notice to the owner in common.