The right to rent a housing right is unknown. Why can't the contract be lifted?

In July of this year, the Fourth Branch of the Chongqing Procuratorate (hereinafter referred to as "Chongqing Quartet Inspection") and Chongqing City's Pengshui Miao Tujia Autonomous County Procuratorate Procuratorate were selected as the 38th batch of guiding cases of the Supreme Procuratorate. Essence Recently, the prosecutor told reporters the story of the case and the performance of the procuratorial organs in the case.

Early September 2020

Procuratorate sent officers to appear in court

A facade

There were two "landlords"

"No, this house is mine, you can't decorate." On May 17, 2018, when Chen was rented out of the facade room, Deng brought a group of people suddenly, and some stopped Workers were not allowed to build, and some asked Chen to withdraw from the facade. Chen, who was in the prospect of eyes, immediately reported to the police.

After the police arrived, Deng took out a "Compensation and Resettlement Agreement of House Demolition and Property Rights Replacement", which clearly stated that Deng was the owner of the facade room. This made Chen very surprised. He clearly remembered that when he signed the "House Leasing Agreement" a month ago, the "Face Pick -up Agreement" presented by the rental direction showed that the house owner was Xiangmou.

What exactly is going on? Time has to be traced back 10 years ago.

In September 2012, a real estate company in Shizhu Tujia Autonomous County, Chongqing City, and demolition households such as Xiangmou and Deng signed the "Compensation and Resettlement Agreement of Property Rights Replacement and Resettlement", which agreed to implement property rights of real estate owned by demolition households such as Xiangmou, Deng Mou, etc. Replacement and demolition. In October 2017, a real estate company and Xiang and Deng signed the "Face -to -Housing Agreement Agreement" respectively, and the property stipulated in the two agreements was the same door house, which caused the above -mentioned controversy.

Since then, in order to facilitate the distribution, a real estate company notified Xiang and Deng to revoke the aforementioned agreement, and re -made the demolition resettlement allocation plan. The door -related house was placed to Xiangmou, and the next door of the door was placed to Deng. Xiang a certain real estate company handed over the door -to -face house delivery procedures with a real estate company and actually possess and used the case involved in the case, but Deng had signed the "Compensation for Demolition and Property Rights Replacement and Resettlement Agreement with a real estate company" with a real estate company. , I have always advocated that I am the owner involved in the facade room.

On May 1, 2018, the lessor signed the "House Rental Agreement" with the lessee Chen and leased the door -to -face house to Chen. The lease period was three years. Chen has paid 1,000 yuan and the first year of the first year. The first period of rent was 299,000 yuan.

After the facade room was delivered, Chen immediately began to decorate. Unexpectedly, a few days after starting, Deng's family forced Chen to prevent Chen from construction on the grounds that he had the ownership of the house involved in the house. Even if Chen had repeatedly called the police, because Deng had a legitimate intervention right for this facade residential rights, the police could not ask Deng to withdraw from the facade. In early June 2018, Chen was forced to stop renovation after many coordination of local police stations.

"I rent this facade room for commercial. Now the rent is given, but I can't decorate it or put it into operation in time. You must give me an explanation!" Chen asked to lift the "House Rental Agreement" to a house.

However, Xiangmou believed that this was Deng's violation of Chen's legitimate rights and interests, no matter what he had, refused to accept the key to Chen Moujiao, and he did not agree with the retirement, deposit and decoration fee.

Housing rights are controversial

The lessee is difficult to cancel the contract

On July 10, 2018, Chen will sue to the Shizhu County Court to ask the court to order the "House Rental Agreement" signed by the two parties; refund the rent, deposit and compensate him for the loss of 20725 yuan. As a judge in the Shizhu County Court, a close relative was assigned to the Shizhu County Court. On October 15, 2018, the Fourth Intermediate Court of Chongqing (hereinafter referred to as the "Chongqing Fourth Middle School") was designated by the Pengshui County Court to jurisdiction over the case.

"I rent a door -to -noodle house to open a store, and it cannot be used at the beginning of the decoration? The law stipulates that the right to rent a house is controversial, and the lessee can terminate the contract." Housing property disputes have affected the realization of their legitimate rights and interests. However, after reviewing the court, the case that the outsider Deng prevented Chen from using the case to involve the house, but there was no evidence to prove that he had the right to the facade house involved in the case. On March 26, Chen's claim was rejected.

"The big deal is no longer on the decoration and rent." After receiving the court's decision, Chen did not appeal, and the funds he wanted to invest should be lost. On June 13, 2019, Chen issued the "Lift Notice" to Xiangmou.

However, Xiangmou not only did not agree to the termination of the contract, but also sued Chen to the Pengshui County Court, requesting the verdict to confirm that the "Lift of the Contract" issued by Chen was invalid, and asked Chen to continue to pay the remaining rent of 92,500 yuan and interest. The court supported Xiang Mo's demand. Chen did not accept it, appealed to the Fourth Middle School of Chongqing, and the court's judgment revoked the first trial of the case after review, rejecting a lawsuit to a certain lawsuit.

"I didn't sue you for breach of contract. You actually sued me to breach the contract." Chen, who was thinking about it, was unconvinced, and applied to the Pengshui County Court for the retrial of the case of the "House Leasing Agreement". On October 30, 2019, the Pengshui County Court ruled to reject its re -examination application.

In April 2020, Chen, who had exhausted various ways to lift the rental contract, came to Pengshui County Procuratorate for supervision.

There are rights and flaws in the rental house

Procuratorate proposes to protest

At the end of April 2020

After the prosecutor investigated and verified that the case was accepted in accordance with the law and carefully reviewed it, the Prosecutor Liao Jianhua, the Prosecutor of the Pengshui County Procuratorate, applied for an inquiry transcript in the court. Before Liao Jianhua's opening, Chen made a presence: "I can't use the facade room normally, and the purpose of signing the contract cannot be achieved. This is the other party's breach of contract. Why did the court sentence me to the case?

Liao Jianhua explained to Chen: "The facade was not used during the lease period. Continue to perform the contract is obviously unfair to you. If the court's judgment was wrong, the procuratorial organs could file a protest." Hearing that the prosecutor said, Chen said, Chen said, Chen said, Chen said, Chen said, Chen said. " A certain emotion is eased.

In the investigation and verification of more than 20 days later, Liao Jianhua went to the relevant units and departments of Shizhu County to inquire about relevant information across the county and asked Deng and Xiangmou and other parties. The key issues of this case finally surfaced - Whether the rights of rights exist at the time of signing the contract, if it exists at the time of signing, the lessee has the right to request the lessor to bear the burden of defect guarantee.

Liao Jianhua believes that according to the relevant provisions of the contract law, the existing evidence can prove that the lessee Chen did not know the rights of rights in the facade room when signing the contract. The defects and demanded it reasonably; Chen Mou had the right to ask for the defective guarantee liability to the flaw; Chen requested that the contract was reasonable and legal, and there was an error in the court's judgment.

On May 7, 2020, the Pengshui County Procuratorate shall be filed with the quarterly inspection of Chongqing. After reviewing the review of the prosecutor of the Chongqing Quartet Inspection, the fact that the application supervisor Chen requested the fact that the facts based on the "House Leasing Agreement" signed by a certain belong to the situation change. There will be a third party to claim the right, and Chen has fulfilled his obligations to fully pay attention to his obligations; Chen requested to terminate the contract is goodwill, and continued to perform the contract is obviously unfair to him.

On June 19, 2020, the Chongqing Quartet Prosecution issued a civil response to the Chongqing Fourth Intermediate People's Court to support Chen's "House Rental Agreement" signed with a certain signed. Chongqing Fourth Intermediate People's Court sent the case to the Pengshui County Court for retrial.

The court adopts a protest opinion

Received the lease contract

Early June 2020

The prosecutor of the prosecutor of the two -level procuratorate held a seminar on holding a case

December 2020

The Attorney General of Pengshui County Procuratorate attended the court meeting of the court

Prior to the court trial, in order to promote the consensus of the two departments of the law and inspection of the case, after the guidance of Ran Shiyu, Chen Rongpeng, the prosecutor of the Pengshui County Procuratorate, and Liao Jianhua, the prosecutor Liao Jianhua attended the court meeting. At the meeting, the two departments of the prosecution law conducted a careful discussion of the case.

"When the objective situation has changed significantly after the contract was established, the contract continuing to perform the contract is obviously unfair or unable to achieve the purpose of the contract. The court shall determine whether to change or terminate the contract in accordance with the relevant provisions of the contract law. There are indeed errors in the unclear and applicable laws, causing the parties to not complain. "At the meeting, Chen Rongpeng put forward his opinions. After discussion of the participants, the opinion was recognized by the court's trial committee.

After trial, the court adopted the prosecutor's response opinion, and made a retrial judgment: revoked the first instance of the civil judgment of the first instance; the "House Leasing Agreement" signed by Chen and Xiang Mou on May 1, 2018 has been lifted; A house rent was 28589.32 yuan and the margin was 1,000 yuan, and the decoration loss was 13375 yuan.

"At that time, I really didn't hold too much hope. Fortunately, there was a procuratorial organs to maintain fairness and justice." On December 22, 2020, after getting the final judgment, Chen said excitedly.

"In this case, the procuratorial organs fulfilled their legal supervision duties, lifted the parties' rights to defend their rights, effectively protect the legitimate rights and interests of the parties, and implement the spirit of the Civil Code." Li Shaoyu, general manager of Development Co., Ltd. said in an interview with reporters.

The reporter learned that after the retrial of the case, he appealed to the Chongqing Fourth Intermediate People's Court. Chongqing Fourth Intermediate People's Court undertaking judges and prosecutors in Chongqing Quartet Procuratorate together to interpret the interpretation of somewhere and their families. In early May 2021, after negotiation, the two parties shook hands on the spot and signed a reconciliation agreement. The civil disputes between the two parties completely ended.

"I have received the rents, margin, and decoration loss! Thanks to the prosecutor to protest according to law, and recovered the loss for me!" In May 2021, Chen came to Pengshui County Procuratorate again and sent a side to write a side. The banner of "protecting justice and protecting the rights and interests of the people."

"The case is ended, and I am also very emotional. Perhaps this is just a trivial case for most people, but for the parties, this is his annoyance, and it will even affect his perception of the rule of law throughout his life. As a prosecutor, we should not be satisfied with the case of cases, and we should also perform their respects and trustworthy to the law and trust the law through the law and accurate supervision according to law. "Liao Jianhua told reporters.

It is necessary to accurately supervise and protect the fairness

It is also necessary to resolve contradictions and promote harmony

Chongqing Pengshui Miao Tujia Autonomous County Procuratorate

Chen Rongpeng, Secretary of the Party Group, Chen Rongpeng

For this case, in the face of the parties to exhaust the dilemma of unsuccessful housing lease contracts, the procuratorial organs have guaranteed the correct application of the contract to terminate the contract through the law, and the dilemma of the party's rights protection has been lifted in a timely manner. Essence After the promulgation and implementation of the Civil Code, the procuratorial organs must supervise not only supervise and correct the wrong judicial referee in judicial practice, but also effectively exert the functional role of the relief of the rights of the parties, and implement the spirit of the Civil Code in place. In this case, the lessor did not agree to the cancellation of the contract. The two parties failed to negotiate. Later the lessee claimed that the "House Rental Agreement" was not supported by the court. In this case, the lessee issued the "Lift Notice" to the lessor, and did not achieve the purpose of termination of the contract. During the review, the procuratorial organs made a correct identification on the liability for the blemishes of the leased house rights in accordance with the law in accordance with the law. The protest points were found, and the accurate supervision was achieved.

In the new era, civil prosecutors should pay attention to both supervision and scores. In this case, Chen rented the facade room to engage in business behavior. Because the outsiders continued to prevent his decoration, his business behavior could not be launched. If the lessee has failed to terminate the contract and apply for procuratorial supervision through negotiation and litigation, and still fails to terminate the contract, the procuratorial organs shall perform their supervision duties in accordance with the law to ensure that the parties can terminate the contract in accordance with the legal conditions and procedures to maintain the legal legal of the parties’s legal. rights and interests. In this case, after the court made a verdict, in order to achieve the purpose of fixed scores and resolving contradictions, the prosecutor and judge explained the work to a full interpretation after appealing to a certain appeal to resolve the conflict between the parties and achieved it. The setting lays the foundation. In the end, the case ended with a successful ending of the reconciliation of both parties, and the supervision purpose was completely realized. The role of public procuratorial supervision and private rights relief functions was fully reflected. Organic unity.

(Source: Procuratorate Author: Zhang Bo Zhang Lei Zhou Bihan)

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