The "Beijing Housing Rental Regulations" has been implemented, and renting a housing and avoiding pit!

Formaldehyde rooms, partition rooms, rental loans ... With the popularity of the rental market, these chaos occur from time to time, and related formats need to be regulated urgently. In order to prevent and reduce housing leasing disputes, deepen the governance of the source of complaints, promote the healthy development of the housing rental market, and promote the implementation of the "Beijing Housing Rental Regulations". The press conference notified the situation of disputes over the housing lease contract in recent years, and put forward suggestions for preventing legal risks.

It is understood that from 2017 to 2021, the number of cases of housing lease contracts tried in the Second Intermediate Court was a large number of cases rented houses in the name of personal names, and the amount of case marks was generally less than 20,000 yuan. In the case of the housing leasing enterprise as a lessee, the proportion of disputes caused by breach of contracts and illegal group leases is high. Affected by the epidemic, disputes in housing lease contracts involved in the immune also increased significantly. With the emergence of new housing leasing methods such as long -term rental apartments, public rental housing, and daily rental housing, some contradictions and disputes also occur.

Liao Chunying, deputy dean of the Second Intermediate People's Court of Beijing, said that the irregularity of the contracting contract for housing leasing and insufficient punishment mechanism for the breach of trust breach is an important reason for the dispute over housing leasing. In addition, in the "rental loan" case of long -term rental apartments, financial institutions pay all rent to housing rental enterprises at one time. Once a housing rental company has a broken capital chain, it is easy to cause leasing disputes or loan disputes.

At the press conference, Deputy Director Ni Na of the Beijing Municipal Housing and Construction Commission also notified the management of the housing rental industry.

Zou Zhi, the president of the Second Intermediate People's Court, released five typical cases of housing lease disputes. In the case of "buying and selling without breaking the lease", the lessee Wang claimed a breach of damages to the original homeowner Yuan and Zhang, the owner of the existing house on the grounds of being recovered in advance. The effective judgment believes that if the ownership of the leased property occurs during the leasing period, it will not affect the effectiveness of the lease contract. After Zhang obtained the ownership of the house involved, although the lease contract was not signed with the lessee Wang, the original homeowner Yuan Mou had a binding power on the lease contract signed by the house involved in the case. At the time of ownership, a lease contract relationship was established with Wang. Zhang replaced the house lock involved in the case, which caused Wang to be unable to achieve the purpose of the contract and constituted a breach of contract. Therefore, Zhang made a corresponding liquidated damage to Wang.

Regarding how to prevent legal risks and reduce disputes between housing lease contracts, Liao Chunying suggested: improving the punishment mechanism of breach of trust and breach of contract in the field of housing leasing. On the basis of the judgment of the actor in accordance with the law, the people's court explores the establishment of an information sharing mechanism with relevant government departments to transfer the clues of suspected violations of laws and regulations to the relevant departments, and the relevant departments will be held administrative responsibility in accordance with the law. Improve the content of the demonstration text of the housing lease contract and increase the promotion. It should actively publicize and guide the parties to use the contract to demonstrate the text, and further improve the corresponding content of the demonstration text for the parties that are prone to controversy in practice, reminding the parties to make a clear agreement. Strengthen the publicity of the law and strengthen the legal awareness of the parties. The lessor should ensure the legitimacy of the rental behavior, standardize the business behavior of rental, ensure the right to rent, and ensure that the facilities and equipment, air quality, etc. do not damage the health of the residents; ; In the context of normalized epidemic prevention and control, the subject of housing leasing should recognize that the epidemic does not necessarily cause the contract to terminate, and it is not necessary to exempt the lessee's owed rent and the liability for the contract for the contract. Strengthen social supervision and standardize the order of the housing rental market. We will conscientiously implement the "Beijing Housing Rental Regulations", increase supervision of market entities such as housing leasing enterprises and real estate brokerage institutions, and supervise housing leasing enterprises to standardize operations.

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