Shanghai owner: The epidemic has been closed for two months. Can the rent be reduced?

"China Economic Weekly" reporter Song Jie | Shanghai report

It has been more than half a month in Shanghai's comprehensive resumption of work. Many small and medium -sized merchants are facing a realistic problem: whether the rent of shops during the "static management" period of Shanghai from April to May of this year can not pay. They believe that in order to cooperate with the epidemic prevention policy, during the closing of the shop, the business fell into a cliff -like decline and could not be eased. If the rent was still paid in accordance with the agreement of the housing lease contract, many companies and individuals were unhappy.

In order to relieve the difficulties of various market entities, the Shanghai Municipal Government issued a series of policies, which mentioned the rent reduction and exemption many times, and the Shanghai High Court also answered the examples of whether the rent could be reduced.

There are more than 1,000 shops in the Shanghai Qibao Park where Mr. Shen is located

Owner: Can't open the door for two months, can the rent be free?

There are more than 1,000 shops in the Shanghai Qibao Park where Mr. Shen is located. The industry includes e -commerce, clothing textiles, building materials, furniture, cosmetics, beauty, fitness, company consulting services, training, advertising, etc. Mr. Shen rented a paving 70 square meters and a monthly rent of 10,000 yuan.

"I am doing the clothing industry. At the end of March, I should pay two months of rent. I paid for a month first. I thought it would be unblocked for almost ten days. On the 1st, the landlord hasn't talked about it after the unblocking. The rent should be paid at the end of May. Our park is a private nature. Every office or store is a private landlord. For free rent, there is also a property fee of 1,000 yuan per month. "Mr. Shen told the reporter of China Economic Weekly.

Coincidentally, Ms. Wu, a shop tenant in the shopping square in the Shanghai People's Square area, told reporters that she has not paid rent for two months. "We are nail shops, and the business cannot be carried out on the line. It has not opened the door for two months, which is equivalent to no income at all. I think many landlords of state -owned enterprises have announced the rent -free plan. We are private landlords. Consultation. "

The reporter noticed that there are already private "landlords" in Shanghai who want to take the initiative to propose rent -free and spend the difficulties with the tenants of the park. For example, the "Chuangxiang Tower" park in Putuo District issued a notice on June 7: "For a small and micro enterprise and individual industrial and commercial households for a 2022 rents for one year, the office and commercial tenants were exempted from office and commercial tenants. Monthly rent; enjoy the corresponding rent -free rent in proportion of less than one year.

Wei Jianli, director of the Commercial Real Estate Department of China East District, said to the reporter of "China Economic Weekly" reporter: "Before the epidemic, the average rent of the core business district in the center of Shanghai (Nanjing West, Nanjing East, Huaihai Road, Lujiazui, Xujiahui) was 2,000 yuan The average rent per square meter per month, the average rent of the secondary business district (such as Daning, Pentagon, and Zhongshan Park) is about 700 yuan per square meter per month. This rent is mainly aimed at the shop on the first floor of the shopping center. "

Wei Jianli analyzed that in the past 5 years, the rental rent of the core business district in Shanghai has not increased significantly. After experiencing the epidemic, especially the silence of almost two months this time, it was heavy for physical business. For some business formats and brands, it is no longer available for rents and rent -free. In order to maintain a high rental rate, the operator of the shopping mall must be discounted on the rent, but this discount may not be directly directly. It is reflected in the rent, and other methods can also be used, which also plays a role in reducing the cost of rental rent and as much as possible to attract tenants to settle in. The changes before and after the rent will gradually be expressed in the next 6 to 12 months, and the performance of different projects will be very different.

Wei Jianli believes that with the magnification of the supply of retail properties, market competition has continued to intensify, and tenants have more choices; the market uncertainty also makes tenants more cautious. In the future, in addition to some successful shopping malls, there are also a certain degree of tenants to choose the initiative and rent pricing power. The market's right to pricing the rent will be in the hands of the tenant. The tenants will give the corresponding rent according to their own operating income. The logic of retail itself is no longer a pricing of real estate logic.

Mr. Shen is located, many shops are being transferred

Typical cases of re -production and re -production, the court supports rental return

Focusing on hot issues that the people and enterprises are concerned about, the Shanghai High Court released a typical case of 6 services to ensure the re -production and re -production at the end of May. One of the cases involved the topic of lease contracts-

The plaintiff Zhang is a young entrepreneur. In March 2020, Zhang rented a shop located somewhere in Songjiang District to operate a service business such as maternal care, and agreed to the lease until May 31, 2022. Since March 2022, due to the impact of the new crown pneumonia's epidemic, the shop cannot open the door normally, causing the operation to enter the business and unable to continue to maintain it. Zhang decided to close the door to stop business. In the case of unsuccessful negotiation with the landlord Rongmou, Zhang sued to the court in May 2022, requesting that Rongmou would refund the house deposit of 1,2500 yuan and the rent of more than 9,000 yuan during the epidemic prevention and control period.

After the case of the Songjiang District People's Court accepted the case, the two parties were organized to conduct mediation as soon as possible through the Micro Court's online asynchronous trial, fully explaining to the two parties, and listening to the opinions of all parties. After the efforts of the people's court, the two sides finally reached an agreement, that is, after the defendant returned the plaintiff's deposit and rent of 15,000 yuan in the court, the plaintiff withdrew.

The court believes that if the leasers cannot use the leased houses normally due to the prevention and control measures of the epidemic and epidemic, the lessee may claim to reduce the rent, extend the lease period, or delay the payment of the rent according to law. In this case, the plaintiff Zhang was an individual industrial and commercial households. Due to the impact of the epidemic, he could not operate the use of rental houses normally, and his own operation faced greater pressure and difficulties. The people's court adheres to the principle of sharing risk and balance of interests, in order to promote stability and reasonable, and fully consider the interests of both parties, and guide the two parties to think. The proper resolution of this case has allowed the lessee to recover a certain amount of funds, which relieves the pressure of funds; the lessor can continue to rent a house in a state of no dispute to avoid the further expansion of the losses of both parties, which is conducive to the complete resolution of contradictions and disputes. In addition to the above examples, in April of this year, the Shanghai High Court also issued "12 Q & A on the Law on the Law on the Contract Dispute Case of Epideism". , The Shanghai High Court has the following clear answers- ——

"Small and micro enterprises, individual industrial and commercial households, such as small and micro enterprises, individual industrial and commercial households such as the epidemic or epidemic prevention and control measures, and request the lessor if the lessor shall be exempted within the reasonable period in accordance with the relevant policies of Shanghai. ","

"Non -state -owned houses are used for operation. Due to the epidemic or epidemic prevention and control measures, the lessee has no operating income or a significant decrease in operating income. Continue to pay for rent in accordance with the lease contract. If you postpone the rent, you can guide the parties to negotiate and mediate with reference to the policy of rents and exemption from Shanghai; if the negotiation and mediation fails, it is in line with the situation of Article 533 of the Code of the People's Republic of China. The principle of fairness changes the contract. The affected by the epidemic or epidemic prevention and control measures that the house cannot be used normally. If the lessee requires the lessor to reduce the rent within a certain period of time, it can be supported by the depending on. "

Private "landlord" Chuangxiang Tower announced that it was a small and micro and individual tenants for rent for 3 months

Lawyer explained: Why does the small owner have a great victory?

Lawyer Zhu Wenhua, a partner of Beijing Dehe Heng (Shanghai) Law Firm, told a reporter from China Economic Weekly that the new crown pneumonia's epidemic has been outbreak since 2020. It has been two and a half years since the beginning of 2020. During this period, whether it is government, court, enterprise or enterprise or enterprise or Individuals have explored the corresponding response strategies. The Supreme People's Court issued "Guidance Opinions on Several Issues on Civil Cases of New Crown Pneumonia Epidemic in May 2020 (2)" issued by the Supreme People's Court in May 2020 Non -state -owned houses for rent reduction and exemption consultation.

"At present, the judicial interpretation is still valid, and the shops or tenants that are seriously affected by the epidemic situation in April to May can still quote the judicial interpretation, advocate the reduction of rental or rent loss. In the case of epidemic housing lease contract disputes, the reasonable demands of shops or tenants are usually supported, and small owners or small tenants who rented private houses have a great chance of winning. "Zhu Wenhua believes.

Zhu Wenhua said that the Shanghai Municipal People's Government's "Shanghai Accelerating Economic Recovery and Revitalization Action Plan" further expanded the scope of renters and exemption of house rents, and stipulated that fiscal subsidies, real estate taxes and urban land use taxes, house pledges, house pledges after rents and exemptions, and house pledge of house pledge New measures such as loans give preferential interest rates. The action plan makes compulsory regulations on state -owned housing rents and exemptions within the scope of government authority. The government's sincerity of restoring the economy also reflects the government's respect for the autonomy of market players.

So, under what circumstances can tenants who have not paid rent can be lifted according to law? Zhu Wenhua specially reminded that the termination of the contract between the two parties should meet the legal or agreed conditions. Article 563 of the Civil Code stipulates that "if there is one of the following circumstances, the parties can terminate the contract: (1) … "As a kind of pneumonia epidemic, it only has the conditions to be relieved only when it achieves the purpose of the contract for the contract of the housing lease contract. To reach the impossible level of lease contract, shops or tenants claim that the termination of the contract will face the risk of losing the contract. Tenns who have not paid rent are only based on the static management of the epidemic situation. The termination of the contract will constitute a unilateral termination of the contract.

Zhu Wenhua said that the housing rental market is highly liberalized and market -oriented. State -owned houses and non -state -owned houses meet the personalized needs of different lessee in terms of location, area, rent, property service. Will not change tremendous changes because of whether to enjoy the "epidemic gift package". Small and medium -sized tenants should pay more attention to lease contracts such as rent payment, early lifting, retirement of houses, decoration, restoration of original state, and liability for default.

(At the request of the interviewee, Mr. Shen ’s name was provided by the interview. The picture was provided by the respondent.)

(This article was published in "China Economic Weekly", No. 12, 2022)

The cover of "China Economic Weekly" in the 12th issue of 2022

---

- END -