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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.
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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.
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It is possible to request the termination of the contract with the intermediary, who has committed fraud.
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Legal analysis: If the intermediary company runs away and the landlord takes over the house, if the tenant signs a lease contract with the intermediary, the intermediary company can be required to bear the liability for breach of contract.
Legal basis: Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Defenses of the Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts Article 18 If a housing lease contract is invalid, the performance period expires or is terminated, and the lessor requests the sub-lessee who has the obligation to vacate the house to pay the overdue vacated house occupancy fee, the people's court shall support it.
Article 186 of the Civil Code of the People's Republic of China: Where the personal rights and interests or property rights and interests of the other party are harmed due to a breach of contract by one of the parties, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.
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Legal analysis: According to the provisions of China's relevant laws, when housing agents provide intermediary services to customers, housing agents must comply with the relevant regulations, and some housing agents will collect customer rent in violation of regulations, and it is also possible to run away with the money, and the housing agency will run away after collecting the customer's rent, which is a fraud, and the tenant can report to the public security organ, if you want to continue to lease the house, you should pay the rent to the landlord and continue to perform the lease contract.
Legal basis: Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
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The tenant can take out the contract signed with the landlord and claim the liability of the landlord for breach of contract in accordance with the contract. If the tenant signs a contract with the intermediary, he can file a lawsuit with the court to pursue the legal liability of the intermediary company.
Legal basis. Civil Code of the People's Republic of China
Article 507: Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations 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.
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When you find that the intermediary has run away with the money, you must report the case in time, and keep the relevant evidence, so that ** can solve the case, and you may get the money back later.
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What should I do if Wu intermediary runs away with money? If the real estate agent donates money and runs away, then you victims should immediately call the police and ask the police, and the police will assist you in arresting the real estate agent and getting your money back.
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If the rental agent transfers the money and leaves, if you don't know what to do, when you rent the house, the agent, then you must fill in the ID number, yes.
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Immediately report the case and file a lawsuit in court.
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If the tenant decides to move out after the contract expires, but the landlord refuses to return the deposit, or finds various reasons not to return the deposit, the tenant can resolve it through negotiation or litigation. If the landlord does not return the deposit without reason, the way that can be taken is first of all, negotiation. The deposit is generally stipulated in the contract, and the landlord's behavior is a breach of the contract and can be handled in the manner agreed in the contract. >>>More