Leasing the apartment to the hotel, unexpectedly was owed to the rent for half a year, the hotel: the negotiation between the two parties failed

Reporter Yu Yue intern Liu Weijie

Recently, Ms. Yifan Wang reported to Qilu Evening News. Qilu reflected that she leased the apartment in Jinan to a hotel, but she had not received the rent for nearly six months. She felt helpless.

Owner: Hollying for rent many times, being obtained for various reasons

Ms. Wang introduced that she has an apartment near Yaojia East Road through Shiqi Road. Since September 2019, she has signed a lease contract for 8 years with Shandong Tongcheng Dexin Hotel Management Co., Ltd. Essence According to the contract, the rent should be paid 10-15 days in advance, but since Ms. Wang received the replenishment of the rent on January on February 28 this year, she would no longer receive any fees.

Ms. Wang said that during this period, due to the epidemic, the hotel party contacted Ms. Wang to discuss whether it was possible to avoid one month's rent. Ms. Wang said that it was possible, but they needed to pay the previous rent within 3 days. Since then, another month, Ms. Wang has drew money again. The hotel's direction Ms. Wang explained that the losses in the past few months were too strong, and she answered Ms. Wang in two days.

"Once up for various reasons, I can't give it up." Ms. Wang said. In June of this year, because she could not rent many times, she filed a termination of the hotel party on WeChat and asked to pay for 5 months of rent. In addition to the property fee of more than a year, the hotel party claimed that it was necessary to discuss it and answered Ms. Wang within two days.

Five days later, Ms. Wang, who did not wait for the news, asked for the initiative, and the hotel party replied to freely cancel the contract. During the subsequent communication, Ms. Wang mentioned that according to the contract, the hotel refund the lease, and the written materials need to be notified 10-15 days in advance, and pay 2 times the rent of the month as a breach of damages. However, the request was rejected by the hotel.

According to the contract provided by Ms. Wang, in the "rights and obligations of the two parties", Ms. Wang has the right to obtain management income in full on time according to the contract. If the hotel party is paid, Ms. Wang can claim the liability for breach of contract to the hotel according to the contract. According to the "liability for breach of contract and the termination of the contract", if the income of overdue non -payment management has accumulated more than one month, Ms. Wang has the right to terminate the contract. During the custody period, if the hotel's poor operation is not good, it cannot be fulfilled normally. The hotel must notify Ms. Wang in writing 10-15 in advance. Ms. Wang has the right to terminate the contract. At the same time, the hotel should pay Ms. Wang. gold.

Ms. Wang said that under the advice of the lawyer, she sent the "Cash notice" to the hotel methodist Liu on WeChat and SMS. The rent and property costs from June 20th to June 22nd. If they do not reply after the deadline, Ms. Wang will solve it through judicial channels. I did not receive a reply from Mr. Liu. So far, she has not received the rent.

Hotel: Do not agree with the contract, the two parties have failed to negotiate

On August 21, the reporter contacted Mr. Liu, the hotel method of Tongcheng Dexin Hotel Management Co., Ltd., Shandong. Mr. Liu said that the hotel told Ms. Wang in March and April that the rent was no longer renewed. The reason why the previous rent was not settled to Ms. Wang was because she was in Hong Kong and could not settle it. The hotel cannot keep the rent of these 4 months. Now I do n’t need Ms. Wang ’s apartment. The hotel also has monitoring. It can be verified (did not rent Ms. Wang's house). Mr. Liu said that he hoped that Ms. Wang would hurry up the house back. The two parties agreed to settle in the settlement for several months, and the hotel party hurriedly settled.

Mr. Liu said that because of the epidemic, the hotel business was not easy to do and had retreated nearly 10 apartments. Ms. Wang's apartment rent is too high, and the hotel cannot bear it, so she notice that she will no longer rent Ms. Wang's apartment.

"She wants a penalty, I don't agree. Our lawyers have also given me relevant legal opinions. For the calculation of rent, we (view) is different." Mr. Liu said that because the other party had to pay more, the two parties negotiated and did not achieve success. "This matter is simple. If you walk the process, the court will give as much money as you give."

According to Ms. Wang, there are still several owners in her apartment building in the apartment building.

The reporter contacted one of the owners Ms. Xie. Ms. Xie told reporters that because the hotel did not pay her for 3 months of rent and a year and a half of property fees, and each time the rent was very laborious, she needed to urge many times, and the apartment was recovered in early July. "I didn't want to rent anymore, and I didn't want to involve too much energy because of this incident." Ms. Xie said.

Lawyer

The contract is the "law" of both parties

If negotiation is not possible, you can take legal procedures to defend rights

On the issue of Ms. Wang and the hotel's payout payable, the reporter contacted Qiu Hongqi, deputy director of Shandong Qianshun Law Firm.

"The contract is the 'law' of both parties. The content stipulated in the contract is effective as long as it does not violate the laws of compulsory and effectiveness.

Qiu Hongqi gave two suggestions for the dispute in the process of fulfilling the contract. Guide to obtain evidence and protect their rights through legal procedures.

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