Guide
With the economic and social further development of urban functions to further clarify the positioning and operation of housing caused by the lease contract disputes showed multiple trend. How should the responsibility be borne if the contract cannot be performed normally due to the epidemic? Who should bear the lessee’s decoration losses after the contract is terminated? Does the failure to provide the materials required for the business license violate the contract? How to determine the legal relationship of a lease contract?
On November 5, the Beijing Mentougou Court held a press conference on typical cases involving commercial housing lease contract disputes, introducing the basic situation of such cases since 2017, analyzing common problems in such disputes, and putting forward opinions and suggestions, and simultaneously issued 5 cases For typical cases, I hope you can have a thorough understanding of relevant laws and regulations, clarify the rights and obligations of all parties, and protect your own legitimate rights and interests. Bi Fangfang, member of the party group and vice president of Mentougou Court, Han Xiaofei, head of Minyi Tribunal, and assistant judges of Minyi Tribunal Pan Lei and Wang Ruihan attended the briefing. Chen Shuo presided over the briefing. Today's content is extracted from the record of the briefing.
In recent years, the housing leasing industry has developed rapidly, and the number of cases involving housing lease contract disputes accepted by the courts has continued to increase. Among them, the increase in operating housing lease contract disputes has been even more significant. In this regard, the Mentougou Court conducted a targeted investigation, sorted out the relevant legal issues related to the contract formation, performance, and termination of operating house leasing in the district, and summarized the basic situation and characteristics of such cases. At the same time, in order to properly promote the settlement of business housing lease contract disputes, in response to the current outstanding problems in the business housing lease field, some suggestions from the court’s perspective are put forward to guide and promote the lessor and lessee to reasonably and legally exercise their rights within the scope of the law. , Fulfill obligations, maintain the stable and healthy development of the operating housing rental market, further optimize the business environment, and promote the harmonious and stable development of the regional society.
Five typical cases
Case introduction
2016 Nian 11 months, a company release investment information in their public micro-channel number, a children's theme to build an integrated service platform. 2016 On 11 Yue 29 days, leased from Company A Company B at the 407 room business houses infant water stadium, lease term is " 2 + 3 years." At the beginning of 2019 , Mentougou District Fire Department made an administrative penalty decision on Company A and Company B for engaging in waters training for children aged 0-4 in Room 407 , which violated national regulations. Company B sued the court to terminate the lease contract and demanded Company A to compensate for decoration losses and operating losses.
Referee result
The lessor shall deliver the leased property to the lessee in accordance with the agreement and maintain the leased property for the agreed purpose during the lease period. According to the punishment decision made by the fire department and the provisions of the “Code for Fire Protection of Building Design” ( GB50016-2014 ), it is known that Company A leases the house that cannot be used for children’s activities to Company B, which results in Company B’s failure to achieve the purpose of leasing. The "House Lease Contract" objectively cannot continue to be performed. According to the "House Lease Contract", if the leased house delivered by Company A is seriously inconsistent with the contract, and Company B cannot use it normally, Company B has the right to terminate this contract. Accordingly, the Company B in 2019 Nian 3 Yue 4 day in court for the abolition of "rental contract", in line with the contract to a company, so the court confirmed that the two sides "rental contract" in 2019 Nian 3 Yue 4 lifting day.
As an investment promotion company, Company A knows that the fourth floor and above cannot be used for child training, and still uses WeChat public account and other platforms to conduct child and youth training and investment promotion on the fourth and fifth floors, and rents room 407 to Company B for use as child training. The country’s mandatory regulations are at fault. As an organization specializing in children’s education and training, Company B should be aware of relevant laws and regulations and compulsory regulations related to its industry. It rented the fourth floor of Company A to open an infant water nursery and engage in children’s training projects, which violated the national mandatory It is stipulated that there is also a fault, so Company B shall bear secondary responsibility for the failure of the contract purpose.
Taking into account the degree of fault of both parties, the court determined that Company A shall bear 70% of the liability for Company B’s losses , and Company B shall bear 30% of the liability for its own losses . Company A shall compensate Company B for the residual value loss of decoration according to the above proportion. Regarding the calculation period of the decoration residual value, according to the "House Lease Contract", the lease period is 2+3 years. Company B can withdraw the lease during the two- year operating period without deducting the security deposit, and company B has the priority to lease renewal. It can be determined that the right to choose whether the lease contract between the two parties expires after the expiration of the two- year term lies with Company B. As long as Company B is willing to continue the lease and submit an application within the time limit agreed in the contract, Company A should sign a lease renewal agreement with it. It can be seen that at the beginning of signing the contract, Company B has an expectation of five years of lease and will invest funds for decoration according to this expectation. Therefore, in this case, the five-year contract period should be used as the standard to calculate the decoration residual value. Since Company B continues to occupy the house after the contract is terminated, the cut-off date for actual use and operation by Company B is the evaluation base date of the decoration residual value, and the decoration loss is calculated accordingly.
Judge prompt
The residual value of the decoration within the remaining lease term refers to the value of the attached decoration and decorations remaining in the remaining lease term when the contract is terminated before the expiration of the house lease contract. When deciding whether to compensate for renovation losses, first, it is necessary to clarify the reason for the termination of the contract, and clarify whether the termination of the contract is due to the lessor’s breach of contract, the lessee’s breach of contract, the breach of contract by both parties, or the reasons that are not attributable to both parties, so as to determine whether to compensate and compensate. proportion. Second, the residual value of decoration is mainly determined by deducting the value of decoration and decoration consumed during the performance of the contract from the cost of decoration and decoration. When determining the decoration residual value, it is necessary to clarify the calculation period of the decoration residual value and the reference date of the residual value evaluation.
The calculation period of the decoration residual value shall be determined according to the lease period. If the parties have disputes on the understanding of the contract terms, they shall be determined in accordance with the terms used in the contract, the relevant clauses of the contract, the purpose of the contract, the trading habits and the principle of good faith. The true meaning of the terms. For the evaluation benchmark date of the decoration residual value, the performance of the contract should be considered, which is mainly determined based on the period of actual use of the leased property by the lessee.
Case introduction
2016 Nian 7 Yue 6 days, Company A and Company B entered into a "lease contract", the main agreement, Company B leased from a company at 1 Hao houses, lease period from 2016 Nian 7 Yue 6 to 2036 Nian 7 Yue 5 days; lease The purpose is for office; Company B can appropriately renovate the rented house according to its own needs, but the main structure cannot be changed. After the contract is concluded, Company A will hand over House No. 1 to Company B, and Company B will pay the rent. Company B started to repair the house, decorate the interior, and repair the courtyard and surrounding walls.
2017 Nian 5 Yue 23 , the Beijing Municipal Planning Commission to make a written decision on dismantle, 1 Hao town house is a temporary construction project overdue demolition, dismantle. Company A now sued the court to confirm the invalidity of the house lease contract signed by both parties and requested Company B to vacate house 1 . Company B filed a counterclaim and demanded that Company A compensate for the decoration losses.
Referee result
The lease contract between the lessor and the lessee is invalid for temporary buildings constructed without approval or in accordance with the approved content. House No. 1 is a temporary building, and the house lease contract signed by Company A and Company B is invalid. The lessor agrees to the lessee to decorate and refurbishment. After the contract is invalid, if the lessor does not agree to use it at a discount, the two parties shall share the current value loss based on the fault that caused the contract to be invalid.
In this case, although Company A disclosed to Company B that the "house has no ownership certificate " when signing the "Leasing Contract" with Company B , it failed to disclose to Company B the fact that the house and courtyard involved were temporary constructions that were overdue, which caused Company B to produce long-term The psychological expectation of leasing, and on the basis of this expectation, a large amount of money was invested in the renovation and interior decoration of houses and courtyards. Therefore, the main fault that caused the "lease contract" to be invalid was Company A, and Company A should deal with the losses caused by the invalidation of the above contract Take the primary responsibility, and Company B assumes the secondary responsibility.
Judge prompt
There are many reasons for the invalidation of a house lease contract. In judicial practice, it is common to sign a house lease contract for a temporary building that has not obtained a construction project planning permit and has not been approved for construction. Especially for commercial purposes agreed by both parties, the lessee will carry out renovations after renting the house, and compensation for renovation losses after disputes arise is often the focus of disputes between the parties. When the lessor does not agree to use the decoration, the two parties shall share the losses according to the fault that caused the contract to be invalid. The determination of the fault ratio of both parties shall be determined on a case-by-case basis. However, in the absence of special agreements or special circumstances, the lessor’s The fault is greater than the lessee, and the lessor bears the main responsibility for the loss of decoration. Second, for the determination of decoration loss, if the house lease contract is invalid, the agreement between the lessor and the lessee on the lease period of the house is also invalid. Therefore, the decoration costs cannot be shared according to the lease period specified in the contract. The lessor and the lessee should respond When the dispute occurs, the existing decorations shall be evaluated and appraised on the project cost, and the losses shall be shared according to the present value of the decorations.
Case introduction
2016 Nian 10 Yue 8 , Liu and a company sign a "commercial lease contract," Liu agreed to lease from a company at 1 Hao shops, catering use. Rental period from 2016 Nian 11 Yue 22 date until 2021 Nian 8 Yue 9 May, which contain rent-free period 45 days. 2017 Nian 4 months, Liu mailed to Company A written "notice to terminate the contract", stated as Company A delay in acceptance procedures provide fire protection, but also because it provides no valid documents can not lead to apply for business licenses, resulting in The shop has not been able to operate as agreed and the shop lease contract has been cancelled. A company in 2017 Nian 4 Yue 17 the date of receipt. Liu went to the court to request confirmation of the termination of the shop lease contract and Company A's compensation for various losses including decoration costs. The focus of the dispute in this case is whether Company A has breached the contract and whether Liu has the right to terminate the contract.
Referee result
Although the two parties did not stipulate in the contract the obligation of company A to provide relevant materials to assist Liu in handling the business license and the time for assistance in handling the business license, the subject matter of the contract between the two parties was a shop, and the contract also stated that the purpose was for catering. It is a contract incidental obligation of company A to obtain a business license and start business for Liu's purpose of signing the contract. Providing relevant materials to assist Liu with a business license within a reasonable period of time. About reasonable period of time to assist with a business license, the parties 2016 Nian 10 Yue 8 signed a contract date, the agreement since 2016 Nian 11 Yue 22 after the date of meter rent, so the signing of the contract, the lessee can do preparatory work before the operation, including the renovation, In this case, the recruitment of staff and the handling of the necessary procedures for business operations can be regarded as a reasonable period before the lease start date agreed in the contract, otherwise the realization of Liu's contract purpose will be affected.
After the signing of the contract between the two parties, Liu asked Company A to provide relevant materials to assist him in handling the business license, but as of Liu’s lawsuit filed in April 2017 , Company A still failed to provide the relevant materials required for the business license. Five months after the lessee’s lease start date, Company A’s actions prevented Liu from achieving the contract purpose. As the observant party, Liu enjoys the right to terminate the contract in accordance with the law.
Judge prompt
First, if the lease of the house is a shop, the lease contract also clearly stipulates that the purpose of the leased house is catering and other purposes that must be handled in the house for a business license, even if the lease contract does not stipulate the obligation to assist in the business license, the lessor It is also obligated to assist the lessee in handling the business license, and the lessor’s obligation to assist the lessee in handling the business license is the collateral obligation of the lessor. The lessor violates the collateral obligations, resulting in the failure of the lessee’s contractual purpose, and the lessee enjoys the legal right of termination. Second, in order to avoid disputes and urge the lessor to perform its obligations, both parties should agree on the time limit for the business license in the contract. If the time limit for performance is not agreed, a reasonable period should be determined based on the performance of the contract, the purpose of the lease, and the purpose of the contract.
Case introduction
2015 Nian 7 months, Mr. Han and Wang signed a "rental contract" agreed Mr. Han all of its commercial buildings 1915 No. rentals to Wang, the lease for office use, lease period from 2015 Nian 7 Yue 20 to 2016 Nian 7 Yue 19 days, the monthly rent is 3050 yuan, Wang need to apply for a business license, Mr. Han should cooperate to complete the formalities, after the termination of the contract, Wang should move out or withdrawn within a month. 2015 Nian 7 Yue 28 , Wang in 1915 incorporated a company on the house number , legal representative of a bar.
2015 Nian 10 Yue 20 , Wang and Mr. Han consensus to terminate the contract. After the termination of the contract, Wang has not been the 1915 the company registered address on the number of houses to move out, 1915 No house has been vacant, will now Mr. Han Wang taken to court, asked Wang to pay rent in accordance with the standards of its losses. Wang submit a 2015 Nian 7 Yue 15 , issued power of attorney a company to prove that Wang entered into by a company commissioned rental contract with Mr. Han, a company should therefore bear the liability, is due to a company could not be reached, Therefore, the registered address cannot be moved out. The focus of the dispute between the two parties was whether Wang should compensate for the loss and the standard of compensation for the loss if the registered address of Company A has not moved out.
Referee result
Wang claimed that he was entrusted by Company A to sign the "House Lease Contract", so he should not be liable for breach of contract. Wang did not provide evidence to prove that when signing the house lease contract, he disclosed to Han that he was entrusted to lease the house by Company A. Wang could not prove that Han was aware of this when signing the "House Rental Contract", and Wang should assume the corresponding responsibilities as the subject of the "House Rental Contract". Wang did not move out of Company A’s industrial and commercial registration within the time limit stipulated in the House Lease Contract, failed to fulfill the provisions of the House Lease Contract, and caused losses to Han, so he should be liable for compensation.
The rent standard determined in the "House Lease Contract" is about 100 yuan per day , and Han asked to pay liquidated damages in accordance with this standard. The determination of liquidated damages considers the following two factors:
First, after one party breaches the contract, the other party shall take appropriate measures to prevent the expansion of the loss; if the failure to take appropriate measures causes the expansion of the loss, it shall not seek compensation for the enlarged loss. After Wang breached the contract, Han should take appropriate measures to reduce his losses, such as appropriately lowering the price to rent out the house, and should not leave the house vacant until the judgment is made. If Han fails to take appropriate measures to cause the loss to expand, he shall not seek compensation for the expanded loss;
Second, the ability to apply for a business license is only a part of the consideration for the profitability of the house when it is rented out, and the main consideration is the possession and use of the house by the lessee. The rent standard determined in the "House Lease Contract" should include all the income rights when the house is rented, that is, the ownership of the house and the business license, and the compensation and punishment of the liability for breach of contract shall be taken into account. The court determined Wang according to the standard of 50 yuan per day. Compensate Han for the loss.
Judge prompt
First, after the lease contract expires or is terminated, if the industrial and commercial registered address does not move out, it will affect the rental income of the shop to a certain extent. Therefore, for those who need to go through the industrial and commercial registration of the house, it should be specified in the contract after the lease contract is terminated The lessee shall also follow the principle of good faith to move out the registered address on time, otherwise it shall compensate the lessor for losses; if the registered address does not move out after the expiration of the lease contract, the lessor shall take active measures to avoid Expansion of losses.
Second, the company entrusts the lessee to sign a house lease contract with the lessor, and if the house is registered for industrial and commercial registration after renting the house, according to the principle of relativity of the contract, after a dispute arises, the lessee shall provide evidence to prove whether the lessor is aware of the lease If the lessee is unable to prove that the lessor is aware of the trust relationship between the lessee and the company, the lessee shall bear the responsibility. Therefore, for those who are entrusted by a third party such as a company to sign a house lease contract with the lessor, they should fully assess the risks to avoid causing losses to themselves after disputes arise.
Case introduction
2004 Nian 5 Yue 26 days, Company A and Company B signed a "house and land lease contract", the company agreed to lease a company B all involved in housing and land lease since 2004 Nian 6 Yue 1 to 2024 Nian 6 Yue 1 Ri , The total rent is 3 million yuan, (when the lease term expires, if Company A still has not paid the debts of Company B, the lease term will be automatically extended for 20 years, and the rent is still 3 million yuan), and the land and ground cannot be sold during the lease term houses. The change of the property rights of the land and plant does not affect the validity of the lease right. Because Company A owed debts to the outsider, the outsider applied for the execution of Company A’s property, and the court auctioned the house involved in the case according to law. Lee in 2016 Nian 1 Yue 18 Ri King was involved in housing and land by judicial auction network platform Taobao highest price, and ask Company B vacate involved in housing. Based on the reason that the lease term of the house lease contract signed with Company A has not expired, Company B should continue to perform the lease contract until the lease term expires in accordance with the principle of non-breaking lease. Li believes that the house and land lease contract is a malicious collusion between Company A and Company B, and there is no real creditor's right relationship between the two parties. The house and land lease contract is called a house and land lease contract, which is actually a debt contract. The principle of buying and selling does not break the lease.
Referee result
From 2002 to 2004 , Company B transferred a total of 11.1 million yuan to Company A. The existing evidence is insufficient to prove the existence of malicious collusion in the "House and Land Rental Contract" to damage the interests of third parties, conspiracy to express false intentions or In other invalid situations, the court confirmed the validity of the "House and Land Rental Contract". Regarding the nature of the "House and Land Rental Contract", in this case, the content of the real estate use right to repay debts recorded in the "House and Land Rental Contract" is only a special agreement on the method of rent payment, and does not affect the nature of the contract as a lease contract. confirm "house and land lease contract," the Department of the lease contract, the verdict Lee continue to fulfill the "housing and land lease contract" to company B and company a signed 2024 Nian 5 Yue 31 days.
Judge prompt
A lease contract is a contract whereby the lessor delivers the leased property to the lessee for use and proceeds, and the lessee pays the rent. In a contract with the right to use real estate to repay debts, the first step is to examine whether the two parties have a true creditor’s right and debt relationship, and whether there is malicious collusion to damage the interests of third parties. To obtain the right to use the house, the lessor collects the rent, and the debt repayment is only a special agreement on the rent payment method, which conforms to the characteristics of the house lease contract. According to the contract law, if the ownership of the leased property changes during the lease term, the validity of the lease contract will not be affected. When buying, selling and bidding, it is necessary to fully understand the relevant rights of the subject matter to avoid loss of profits due to misunderstanding of the nature of the contract.
1. Basic information and characteristics of disputes over operating house lease contracts
Since 2017 , the Mentougou Court has accepted a total of 697 cases involving house leasing , of which 294 cases involved business house leasing contract disputes , and the number of cases accepted has been increasing year by year. Approximately 61% of such cases are concluded by judgments . The cases involve a large amount of subject matter, and mediation is difficult. Compared with ordinary cases, such cases present the following characteristics:
1. The lessee mainly filed a lawsuit, and the lessor often filed counterclaims. In an operating house lease contract, the main contractual obligation of the lessee is to pay rent, which is usually paid quarterly or annually; the main contractual obligation of the lessor is to deliver the leased house. When a dispute arises between the two parties in the performance of the lease contract and cannot be resolved through negotiation, the lessee will often stop operating and move out of the leased house by itself, appeal to terminate the contract and require the lessor to return the overpaid rent. In this regard, the lessor mostly believes that the lessee has not yet officially completed the vacancy procedures, that the leased house still contains the lessee’s items, or that the lease is to continue to perform the contract, or agree to terminate the contract, but requires the lessee to pay the arrears of rent, utilities and Property fees and other expenses.
2. Subjects have equal legal status but their actual status is unbalanced. The lessee in this type of case is either a natural person or an enterprise, while the lessor is mainly an enterprise. In some cases, the lessor is a brokerage agency that specializes in house leasing. Based on the company’s legal personality, natural persons are easily constrained by the lessor in the process of signing and performing the contract, resulting in an imbalance in the actual status of both parties. Even the lease contracts between enterprises will cause differences in actual status due to the dominant contract status of the lessor. This kind of status imbalance appears at the beginning of the signing of the contract. The contracts signed by both parties are mostly standard contracts issued by the lessor. Generally, the lessee can only agree to all the contents of the contract, and the responsibility of the lessor under some standard contracts is obviously lower than that of the lessor. Lessee.
3. The rate of withdrawing litigation through mediation of commercial housing lease contract disputes is low. Both parties in this type of case have a certain degree of litigation ability and are cautious about resolving disputes through litigation. Most of the litigation in the courts is unsuccessful through negotiation. Both parties have objections to the contract termination time, actual vacated time, etc., and even disagree with the contract content such as the scope of lease and rent standard. However, the rental standard and large amount of operating leased houses are high, and the two parties appeal for tit-for-tat. Under the circumstances, it is usually difficult to reach a mediation opinion that both parties can recognize, so the rate of mediation and withdrawal of such cases is low.
2. Analysis of common problems in commercial housing lease contract disputes. The district court sorted out the demands of the lessee and the lessor and the factual reasons based on it, and analyzed the common problems in commercial housing lease contract disputes as follows:
1. After the termination of the contract, who will bear the loss of decoration of the lessee. The lessee leases the house for commercial operation. Whether it is engaged in restaurant, hotel or supermarket operation, it will decorate the leased house according to the business needs. Some of the decorations are attached to the house, commonly known as decoration that cannot be taken away. It is a removable decoration.
When the lease contract is terminated, the lessee will claim the loss of decoration to the lessor, while the lessor argues that it is not aware of the lessee’s decoration, and that the decoration of the leased house is the operating cost that the lessee should bear. Party has nothing to do. If the lessee’s decoration is not agreed by the lessor, the lessee shall bear the cost of the decoration; if the lease contract clearly stipulates the decoration and decoration, it shall be dealt with according to the contract; but if the contract is not clearly stipulated, and the lease contract is abnormally terminated , Then it is necessary to determine the attribution and compensation of the decoration according to whether both parties are at fault for the termination of the contract.
2. Whether the failure to provide the materials required for the business license violates the contract. In disputes over an operating house lease contract, the lessee needs to apply for the business license required to engage in business activities, but the contract only stipulates that the lease is for commercial operation, and does not stipulate that the lessor shall have the obligation to handle the business license for the lessee, nor is it clear It is agreed that the lessor shall provide the materials required for the business license.
In some cases where the lessee sued for the termination of the lease contract, the reason for the termination of the contract was that the lessor could not provide the materials required for the business license and thus could not achieve the purpose of the contract. The lessor believes that it has no contractual obligation to cooperate with the business license and has not breached the contract. During the performance of the lease contract, the lessee has been operating normally without a business license, and there is no situation where the purpose of the contract cannot be achieved. Disagree to terminate the contract. It is clear that in the operating house lease contract, the lessor provides the materials required for the business license as an incidental obligation, but whether the failure to handle the business license will inevitably lead to the failure of the contract purpose needs to be analyzed and determined in specific cases.
3. Specific determination of the nature of the legal relationship of the lease contract. Clarifying the nature of the legal relationship of the case is the basis for the trial. The contract signed by both parties in the name of "lease" is not necessarily the legal relationship of the lease contract, and the contract that does not show the word "lease" may belong to the legal relationship of the lease contract and should be agreed in the contract Based on the main rights and obligations of a legal relationship, it is judged whether it meets the basic characteristics of a legal relationship. The determination of the legal relationship of the lease contract is not limited to the handling of the contract-related matters involved in the case, but also involves the application of the follow-up "selling without breaking the lease".
In some cases, one party believes that what the two parties signed is not a lease contract, but a joint venture contract, a contract with the right to use real estate to repay debts, etc. The other party insists that the contract is a lease contract. In this regard, we should proceed from the characteristics of the lease contract to see whether the lessor delivers the leased property to the lessee for use and profit, whether the lessee pays the rent, and examines whether there is a joint venture agreement between the two parties and whether there is a true creditor’s right and debt relationship. Determine the nature of the contract.
4. Due to the epidemic, the responsibility of the contract cannot be performed normally. Compared with residential rental houses, operating rental houses are more affected by the new crown pneumonia epidemic. The focus of controversy in the case of operating house lease contracts involving the epidemic mainly focused on whether the epidemic prevention and control measures prevented the lessee from using the house normally, and whether the lessee could claim rent reduction or exemption or request cancellation of the lease contract on the grounds of force majeure or changes in circumstances.
Most of the lessees believe that the epidemic prevention and control measures have caused unsustainable operations and cannot achieve the purpose of the contract. The lessor believes that although the business activities have been affected to a certain extent, it has not reached the level of inability to perform the contract, so it does not agree to terminate the contract and hesitates to reduce or exempt rent. Even if both parties agree to negotiate the amount of rent, it is still impossible to reach an agreement because most of the leased houses are located in the core business district and the rent standard is high and the amount is large. Whether or not disputes over commercial housing lease contracts can be properly handled and resolved is directly related to the stability of market operators’ production and office space, the normal development of business operations and the steady restoration of economic order, which is of great concern, and the Supreme People’s Court has also issued relevant opinions for guidance. In case handling of such cases, while balancing the interests of the parties under the law, more attention should be paid to the unification of legal and social effects.
3. Initiatives and suggestions
In view of the characteristics and existing problems of commercial housing lease contract disputes, our court will properly handle the disputes from the following aspects:
1. Maintain national laws, regulations and related policies, and protect the legal rights of the parties in accordance with the law. When determining the termination of the contract, follow the principles of safeguarding national laws and regulations and related policies, and protecting the legal rights of the parties in accordance with the law. First, it is determined that the lease contract between the lessor and the lessee for the house that has not obtained the construction project planning permit or has not been constructed in accordance with the construction project planning permit is invalid, and ensures that the trial thinking is consistent with the direction of the relevant national macro-control policies. Second, regarding the legal consequences after the contract is invalidated, the faults of both parties are comprehensively considered to deal with issues such as house ownership fees and compensation for losses.
2. Use the rule of law to guide all parties to rationally defend their rights. The first is to expand the openness and transparency of court trials, invite people's congress representatives, community owners, etc., to observe cases, strengthen the interpretation of judgment documents, and remind lessors and tenants to strengthen their awareness of norms; second, make full use of radio, newspapers, television, and the Internet. Traditional media, as well as new media such as WeChat, Weibo, and official accounts, take the form of live webcasts, special reports, case analysis, interpretation and answering questions, etc. to carry out leasing-related laws and regulations, new policies, typical case notifications, etc.; third, use law popularization lectures , Promote shop windows, make and distribute promotional materials, etc., to promote relevant legal knowledge to the lessee.
3. Strengthen information linkage with housing construction committee and other departments. Housing leasing belongs to the scope of real estate transaction management. The Housing Construction Committee is the main department that supervises and manages the real estate market and regulates the market order. It knows the relevant policies of housing leasing best and also grasps the specific conditions of regional housing leasing. This court will strengthen communication and interaction with the Housing and Urban-rural Development Committee, the Administration for Industry and Commerce, and the Price Bureau through judicial advice, communication and coordination meetings, etc., so as to strengthen the order of the leasing market, the supervision of the registration and operation of enterprises, and promote the health of the commercial housing leasing market development of.
At the same time, the following suggestions are made to the lessee and the lessor.
Suggested lessee:
First, the duty of prudence should be fulfilled. Before signing the contract, review the relevant materials such as the ownership of the leased house, the nature of the land and the nature of the leased house, etc., and do not listen to the statement of the lessor in order to lay a good foundation of trust and cooperation, but actually check the relevant written documents to avoid The contract is invalid or unable to continue due to illegal subletting, the nature of the land is industrial land, and the inability to provide the materials required for the business license.
Second, determine the contract terms after full consideration. The content agreed in the contract is not only the basis for the performance of the contract, but also the basis for resolving disputes. In addition to the standard terms provided by the lessor, a supplementary agreement shall be signed for cooperation in handling business licenses, decoration and other important matters. Infringement, it is easier to defend rights.
Third, carefully plan investment behavior. The investment in housing should comply with the law. Although the investment cost of housing sold on behalf of rent and the nature of the land is relatively low, the risk is relatively high. After the lease, it may not be used or continue to be leased to achieve the expected benefits, and ultimately the gains outweigh the losses.
Suggested lessor:
First, the rental behavior should comply with the law. The "Contract Law" and the "Notice on Accelerating the Development and Standardization of the Management of the City's Housing Rental Market" of Beijing clearly stipulate rental operations. "The Supreme People's Court on several issues concerning the specific application of law in the trial of urban housing lease contract disputes" The Interpretation provides detailed guidelines for the settlement of disputes in leasing activities. The lessor shall strictly implement the provisions of laws, regulations and judicial interpretations. The contract's stipulations on the use of the house and the lease period should not break the clear provisions of laws and regulations.
Second, establish a sense of integrity management. The lessor, especially the enterprise that uses the lease as its business, should establish a sense of honest management and the spirit of observing the contract, strictly perform the contract, and should not conceal the nature of land use and the nature of the leased house from the lessee, and avoid arbitrarily changing contract terms or contract subjects.
Third, prevent business risks. Enterprises should carefully evaluate their own leasing behavior and risks when leasing, especially when faced with many lessees, rationally plan the use of funds, and set aside a certain amount of funds to deal with various disputes in leasing.