See how to help you when you encounter a dispute over renting a house

Entering the peak rental season now, but different from previous years, this year's rental family is facing fierce employment competition pressure and the pressure of epidemic.

Recently, a reporter from the Shanxi Evening News found in the interview that renters felt that the unstable factors in renting houses increased. For example, many tenants faced chaos such as landlords' increase in rent, renting houses, and refund deposits. In this regard, a reporter from Shanxi Evening News interviewed a number of well -known lawyers in the industry to give renters some detailed rental and rights protection suggestions.

Most of the deposit when refunded the deposit is deducted from the right to protect rights but faces difficulty in proof

In recent days, Mr. Zhang, a citizen of Taiyuan, has no successful experience for renting a house, and has no success in defending his rights.

He told the Shanxi Evening News reporter: "I used to rent a house for 3 years in the old community near the central ring central ring in Taiyuan City through a small intermediary company. Give it to the intermediary. After refunding this year, after collecting the rental contract for the intermediary agent, I deducted a majority of deposits in the name of the property fee and garbage fee of my property, garbage fee, etc. When introducing the house, the intermediary has explained that I have no property fees such as the community that I rent. In this case, how can I defend their rights? Is it feasible to take a legal lawsuit? "

Lawyer Weng Guanxing, Shanghai Yantai Law Firm, said: Although the above tenants can defend their rights, the difficulty of defending the rights is evidence and execution, because the "non -property fees such as property fees" of intermediary agents in the past three years are extremely difficult to proof.

After visiting multiple real estate agencies, a reporter from Shanxi Evening News learned that the deposit of the renters is usually paid through WeChat and Alipay transfer. Even if the intermediary does not provide legal receipts, the facts are easier to prove. An intermediary agent "I love my family" admits that in the above case, the problem lies in the so -called "non -miscellaneous" discount promised by the intermediary. The guarantee is difficult to restrict the intermediary company itself afterwards.

Mr. Zhang had found an intermediary company, and the other party said that "the staff decided without authorization and now left the office." In a word, Mr. Zhang was speechless. The intermediary company takes the pretext of employees as "temporary workers" and pushes off its supervision responsibilities. In accordance with the provisions of the Civil Procedure Law "who claims and who proof", renters have a very heavy responsibility for proof of proof of such incidents. In addition, the cost of rights protection is too high, and even higher than the detained deposit itself, it also makes many people choose the way of "peaceful people" and abandon rights protection.

Regarding the name of deducting deposits in the name of various fees, Weng Guanxing suggested that renters must have the spirit of rights protection of "persist to the end". Do not give up rights protection because of fear of trouble or cost. arrogance. The reporter learned that many unscrupulous intermediaries are intercepted thousands of dollars to each rental person through the way of Guangsa. Even if 10%of tenants choose to defend their rights and succeed, they will not make money for them.

The lawyer reminds the majority of renters that the cost of defending rights is not so high. The query of legal laws and judicial interpretations is free. The court filed a window also has a special counseling to fill in the form. Wait for online case. The production and organization of evidence can seek legal aid from the Law Association or the Law Office.

It should be noted that renters need to sue when the intermediary "hegemony" is required. The demands must be clear and clear. In most cases, you need to choose one request.

In case of malicious rents, driven, and other conditions, renters have legal guarantee

During the period of prevention and control of the epidemic prevention and control, several renters encountered such a thing due to the prevention and control of the epidemic: the landlord raised the rent, and even had to increase electricity and water costs. Some renters consulted the Shanxi Evening News reporter: How to deal with this situation? During the period of rent during the epidemic sealing, the landlord once forced the rent on the grounds that the tenants were driven by the tenants and the forced house receiving. Can renters defend their rights?

Li Ning, a lawyer at the Hua Trade Silicon Valley, said: Corresponding to malicious rents and driving, renters have legal guarantee.

According to the "Civil Code", the lease period is more than 6 months, and a contract shall be established in writing. For those who have a rent in writing, if the parties do not adopt a written form and cannot determine the lease period, they are deemed to be leased from time to time. Even before the epidemic outbreaks, for those who have established a written contract, the agreed lease period is agreed for one year, and the monthly pay or quarterly pays, the landlord shall strictly abide by the contract and cannot raise the lease at will; Because the agreed period is unknown, it shall be treated according to irregularly. The landlord needs to increase the lease and communicate with the renters in advance. If you cannot negotiate with the renters, he cannot immediately ask him to leave; after negotiation, the two parties can renew the contract by recognizing the rent. If the renters insist on not recognizing and do not pay the rent for a long time, the landlord may investigate his infringement.

During the epidemic sealing and control, the landlord who forcibly drives the renters on the grounds that the rent cannot be reached on the grounds that the rent is not evident, but it may also be suspected of violating the relevant regulations of the infectious disease prevention and control law, the relevant regulations of social security management and the relevant provisions of the disease control. It can be clearly proposed that the residence is lifted until the seal control is lifted. Lawyers said that the rental of the epidemic prevention and control should pay a reasonable rent during the residence of the epidemic prevention and control. If the personal rights or property rights of the renters are damaged due to the "mandatory housing", as long as there is evidence to prove it, they can claim to the landlord for compensation for infringement damage. Shanxi Evening News reporters collected cases of law firms in recent years and found that during the prevention and control of the new crown pneumonia, the law firm dealt with the most disputes included in the rent amount, and the landlord's dispute caused by the tenant's request to retreat from the house. Cases of renters who safeguard their legitimate rights and interests through litigation and negotiations can inspire readers.

Weng Guanxing said that people who rent a house or lack of experience should pay attention to it, do not look cheap, cheap, cheap, and good goods. Taiyuan's non -production leasing market has developed relatively mature. The rent prices of houses in different areas are actually available on the Internet. For houses that are obviously lower than the market price, the lessee must rent it carefully.

The rental contract must be signed. All preferential measures must be implemented on the written document. Do not trust the oral commitment of intermediary and leasing platform staff. The agent's agent is not a landlord, but also a short -term worker. If he leaves, he cannot obtain evidence. Even if there is really benefits, it is impossible to promise these agents.

When signing the contract, carefully read the terms of the contract and find the provision trap inside in time. In fact, the format contract can be modified. Although it is obviously not conducive to the terms of the lessee, although there are corresponding relief measures, the lessee is recommended to be strongly required to modify it. If the attitude of the intermediary company is discovered in the process of claiming, it is not good to discuss, and you can change a intermediary or landlord.

On the issue of deposit, renters should pay attention that the amount of the pledge is usually a monthly rent, and the rent is paid for half a year or one year. Some landlords have asked the tenants to pay the deposit for two months, but the rent can be paid on a monthly basis, but the seemingly easy -to -pay method may have problems, that is, the landlord is not himself to borrow a liar who borrowed the deposit of others.

When signing a rental contract, the renters must pay the payment method, rent standard, property hydropower and other costs, and the lease period has not been checked out in advance or the owner's breach of the house in advance. Is it consistent with my ID card? For example, through the intermediary rent, the signing of Party B's name must be the full name of the intermediary company. The payment account is consistent with the public account of the intermediary company. The payment cannot be transferred to the agent by WeChat or electronic transfer. All kinds of so -called offers such as rent, property, etc. must be left with evidence, otherwise rights protection will be difficult.

Shanxi Evening News reporter Zhang Lei

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