[Pu Law] The intermediary company runs the way, and the landlord will "take a guest order" to the tenant. Who should the rent be for?

The house that has been rented for less than four months

The landlord asked the room again

Broken water and electricity again

Why is it so difficult to rent a house ...

● The intermediary company runs, and the tenant encounters the "guest order" ●

On May 15, 2020, the landlord Liu and an intermediary company signed the "House Rental Contract" and agreed that Liu to authorize his house to the intermediary company to operate, including but not limited to signing a housing lease contract. The intermediary company paid monthly payment monthly payment Liu's rent was 1700 yuan.

At the same time, Liu also issued the "Authorized Entrusting Letter" to entrust the intermediary company to handle the house fully. The agency authority includes but is not limited to the decoration, signed the "House Lease Contract" with the lessee, and collects the rent of the house. Essence

The next day, the intermediary company and the tenant Xiao Mou signed the "House Rental Contract". The contract stated that the owner of the house was Liu. The intermediary company leased the house to Xiao. The lease period was 15 months and the rent was 1,150 yuan per month. After the contract was signed, Xiao paid 1,000 yuan of deposits and 1,3950 yuan to the intermediary company, totaling 14,950 yuan, and actually stayed in the house.

Since then, Liu did not receive the rent of the intermediary company on schedule, only to find that the intermediary company had fallen unknown, so he asked Xiao Mou to make a house. Xiao did not agree. Liu was then implemented by the house, and the tenant Xiao Mou was forced to move out of the house on September 12, 2020. Xiao said Liu to the People's Court of Tianxin District, Changsha City, Hunan Province, and asked Liu to compensate him for the rent that he paid more due to the exit.

● Court: The landlord should compensate the tenant for the loss of the tenant ●

After hearing, the court believed that according to Article 925 of the Civil Code, the trustee in the name of the trustee with the contract with the third party within the scope of the client's authorization. For the agency relationship between the trustee and the client, the contract directly restricts the client and third party, but there is exact evidence that the contract only restricts the trustee and third party.

In this case, the "Housing Rental Contract" signed by the landlord Liu and the intermediary company is the lease contract signed by the intermediary company involved in the house involved in the house and others. The "House Lease Contract" signed by the intermediary company and the tenant Xiao Mou clearly states that the case involved in the house is not the intermediary company. When Xiao signed the contract, he knew the agency relationship between the intermediary company and Liu, which directly restrained the relationship between the house lease contract between Liu and Xiao.

During the performance of the contract, Liu recovered the house unilaterally without receiving the rent of the intermediary company and terminated the contract. There was no basis and legal basis. Therefore, Liu should compensate Xiao Mou's pre -paid rental losses. For the rent of the agent's owing defendant Liu, Liu can claim separately from the intermediary company.

Based on this, the People's Court of Tianxin District, Changsha City, Hunan Province made a first -instance judgment to support Xiao Mou's request for compensation for his claim to pay the rental losses. Liu did not accept the appeal, and the second instance of the Changsha Intermediate People's Court in Hunan Province rejected Liu's appeal request and maintained the original sentence.

● Judge: Before renting a house, the goods are better than three ●

According to the normal lease contract, if the intermediary company breaks the contract, the landlord can recover the house and ask the lessee to make the house. However, in this case, the defendant Liu issued the "Authorized Point Book" commissioned intermediary company to deal with the house involved in the house. The two parties have established an agency relationship. This is a trust relationship between the landlord and the intermediary company. Brotting alone.

Before renting a house, it is best to pay for three households. You can first find a list of or directly rent a list of landlords on the relevant platform or offline. If not, you can go to the housing rental trading service platform and other websites to check the opening report and business license of the rental company to confirm whether there are complaints or violations. You can also search for judicial disputes on the Chinese referee documents.

Secondly, it is recommended that tenants do not pay too much rent at one time, and it is more secure for one payment.

Finally, the landlord reminds the landlord that in the commissioned agency model, the tenant is also a victim, and the landlord has no power to drive the tenant.

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