"Play Routine" and tenants in Dongguan?Expert: It is particularly important to improve the business environment

More than three months before the lease contract expired, Mr. Zhan received a notice issued by Dongguan Shi Chong Industrial Park Management Co., Ltd. (hereinafter referred to as "Shi Chong Industrial Park"). Renewal, intending public bidding. More than a month later, the staff of the industrial park asked him to provide the relevant materials for the renewal contract. After the on -site inspection of the leaders, it also verbally expressed its verbal compliance with renewal conditions. In this case, Mr. Zhan was waiting for the renewal contract while paying the rent. But half a year later, the other party asked him to evacuate the plant. Lawyers said that during the epidemic, improving the business environment is particularly important, and all parties must resolve the dispute in accordance with the contract.

Can you renew a wave of twists and turns?

On September 7, 2016, Mr. Zhan, a businessman in Ruichang, Jiangxi, signed a lease contract with Shi Chong Industrial Park under Shi Pai Town, Dongguan City, and agreed to rent a factory A and A dormitory in the A2 District A2 District of Shi Chong Industrial Park for operation. Haochuang Hardware Technology Co., Ltd. (hereinafter referred to as "Haochuang Company") was used, with a lease period of 5 years (September 15, 2016 to September 14, 2021).

The contract is clear that if Party B must continue to be leased after the lease period expires, Party A shall notify Party A in writing before the last three months of the lease period. Party A shall formally answer Party B in writing before the last two months of the lease period. Under the same conditions, Party B enjoys priority lease rights. If both parties A and B agrees to continue the lease, the lease contract shall be signed before the contract expires.

Mr. Zhan's Haochuang Company has stopped production due to power off

On May 20, 2021, more than three months before the expiration of the contract period, Mr. Zhan received the "Lease Contract Experience Notice" from Shi Chong Industrial Park. The notice shows that after the contract period expires, it will no longer renew the contract. It is planned to put the above leased property on the rural collective asset trading platform at the principle of "high -priced" principles.

"I understand the bidding public bidding, and I also plan to participate in the bid after the contract expires. If there is no winning bid, I moved away from the factory.

The WeChat chat record provided by Mr. Zhan showed that on June 29, 2021, Shi Chong Company Huang Mouyi sent him the main terms of bidding and renting the preliminary drafting, and asked "to reply before get off work tomorrow." From November to November, the staff also requested the company's related taxation certificates, value -added tax tax declaration forms, business licenses and other materials.

"Around August 2021, after reviewing the materials I provided, the leaders of the Industrial Park came to the rental plant for field inspections many times, and verbally agreed that I continued to operate the use of the plant. Deputy Secretary Wang Moufeng also stated during the field inspection that the rent was paid at the price on the contract first, and the difference between the market price after the renewal was renewed. " Rain and stain diversion project.

On September 14, 2021, the lease contract expired. Shi Chong Industrial Park did not ask Mr. Zhan to withdraw from the plant and sent it to him. In this way, Mr. Zhan asked when he paid the rent and asked when to renew the contract. Since then, with the consent of the Industrial Park, it spent 1.25 million yuan for the overall decoration of the plant and put into production and use.

"On April 11, 2022, the Industrial Park interviewed me and asked to move away from the factory building by myself within 10 working days." Leave? If he does not meet the bidding and rental conditions, why isn't it clearly notified him after reviewing the information in 2021?

On April 24th, April 28th, and May 5th, 2022, Shi Chong Industrial Park issued three consecutive "Notice of Factory Migration" and asked Mr. Zhan to move away and pay the operating expenses of the site use fee, water, electricity and other operating expenses. Essence

"This is too unfair to the enterprise. After the contract expires, let me submit the materials and pay the rent. Now I will evacuate for me for no contract. Mr. said that as of now, it includes but not limited to factory dormitory decoration, rainfall diversion projects, and vacancy of the plant, and the loss has been as high as 233 yuan.

Industrial Park: Practitioners can take legal ways

Mr. Zhan told Shangfa News that the problem of renewal of the factory of the plant has always been connected with Wang Moufeng, deputy secretary of Yanling Group. Some time ago, Wang Moufeng took a vacation. In addition, after being asked to evacuate, he has repeatedly negotiated and communicated with Liu Mousheng, chairman of the Shi Pai Town People's Congress in charge of Shi Chong Industrial Park.

On June 16, Yang Mouxin, the person in charge of Shi Chong Industrial Park, stated on the phone that Mr. Zhan reflected not the fact. "The best solution now is to deal with it through legal channels. We did not pay for it for the active payment. "

Wang Moufeng, deputy secretary of Yanling Group, said that he did not promise that Mr. Zhan could renew the rent. He also stated that as early as last year, the company issued a notice to expire and no longer renewed. At present, the contract cannot be renewed because its company's output value is low, tax is small, and it does not meet the bidding and rental conditions.

Subsequently, Shangfa News repeatedly called Liu Mousheng, the chairman of the Shi Pai Town People's Congress, and the other party asked to dock with the propaganda department of Shipai Town. On June 20, Shangfa News sent relevant issues to the Shi Pai Town Government in the form of an interview letter, but as of press time, he had not received a reply.

It is worth mentioning that the public bids mentioned in the Industrial Park have not been carried out before.

Experts: Wang Cailiang, a consultant to improve the constitution and administrative law professional committee of the National Law Association and the director of the Beijing Cai Liang Law Firm, told Shangfa News that from the perspective of the real estate contract, it should be in line with its establishment or change, and termination of it. The starting point of the lease contract is conducive to the development of the economy and the improvement of the business environment.

Wang Cailiang said that what needs to pay attention to in this case is that after the contract expires in September, the lessor receives the rent of the lessee, which should be legalized as "after the original contract has expired, the two parties have established on the basis of the original contract. New irregular lease contracts. " For irregular contracts, both parties have obliged to further negotiate to become regular contracts. When the two parties fail to reach an agreement, the lessor will leave a reasonable time for the lessee to relocate themselves. If the real estate continues to be rented out, the original tenant enjoys priority under the same conditions. The reason why the law is made is to maintain the stability of economic order and reduce the damage caused by the lessee due to relocation.

"At present, during the epidemic situation, all walks of life need to resume production vigorously, and it is particularly important to improve the business environment. In this case, the relevant parties must seriously resolve this dispute in accordance with the provisions of the contract law and the contract. "Wang Celiang said.

Huo Yanli, a professor at Henan University of Economics and Law, believes that in the renewal dispute between this plant lease contract, Party A induces Party B to increase the investment of non -moving things. In the case of renewal, the factory decoration, insufficient risks and legal awareness, trapped in passive.

Huo Yanli said that due to the impact of the epidemic, the economic downturn, and the increase in disputes. On the one hand, the government should assist the economy in accordance with laws and regulations. On the other hand, the company's own risk and legal awareness should also be strengthened to prevent it before they occur.

Zhou Chenyang, a lawyer of Beijing Xinnuo Law Firm, believes that as Mr. Zhan said, then Shi Chong Industrial Park has a behavior that violates the principles of honesty and facilities established by the Civil Code, and to a certain extent suspected of discussing maliciously on renewal. The responsibility of contractual negligence will be assumed. According to Article 500 of the Civil Code, the behavior of Shi Chong Industrial Park is suspected of being a malicious consultation of a contract to establish a contract. If the tenants have made necessary preparations for the performance of the contract and they have paid some renewal rent, they violate the honesty and honesty. The principle of credit, requiring it to move away from the plant, shall bear the liability for compensation.

Zhou Chenyang suggested that tenants can collect evidence of the leasing party's false consultation and the evidence of preparations for the performance of the contract and pay the price, and file a lawsuit to the people's court, asking the lessor to bear the liability for compensation for the contractual negligence.

It is understood that on June 3rd, in the absence of electricity costs, Haochuang Company was forced to power out and the company was in a state of production. (Han Xiangzi reporter Yang Xuan)

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