Graduate pay attention!Don't rent such a house!

For college students who have just entered the society, low prices are the first factors for renting a house. As a result, many house intermediaries or individuals use this psychology to divide the house and modify without authorization to attract tenants at a low price. While seeking interests, they also brought huge security risks to the society.

Recently, the People's Court of Fenghua District of Ningbo City tried two cases of disputes in house lease contracts involving group rental housing. The final decision to lift the "Rental Contract" between the two parties, the lessee compensated the liquidated damages and resumed the house involved in the house.

Details of the case

In 2021, Shan Mou leased two sets of white royal houses located in a resettlement community in Fangqiao Street, Fenghua District. Shanmou renovated and renovated the rented houses. The original three -bedrooms, two halls, two guards, and two -bedroom two -living houses were separated into 5 and 4 sets. Essence

"Shanmou originally said that it was rented when the apartment was rented, but he did not expect that he changed the structure inside the house without authorization. Each room was equipped with a bathroom, including a guest restaurant. The neighbors downstairs often reflected that there would be hidden safety hazards, and urban management also I ask me to dismantle within a time limit. "

Because Shanmou transformed residential houses into group rental houses without authorization. During the renovation period, after reporting, Fenghua Urban Management Bureau issued the "Notice of Correction of the Order Correction" to the owner of the house and He Mou. Essence

What is a group rental house?

Group rental housing means that the house is divided into several small rooms by changing the structure of the house and the layout of the house, or the rent is renting it by the bed.

As early as 2011, the Ministry of Housing and Construction issued the "Regulations on the Management of Commodity House Leasing", which stipulated that "renting housing, the original design of the room should be used as the minimum rental unit". In accordance with the current regulations, the renovation and rental of group rental houses are illegal and illegal.

After the notice was issued, Wang and He repeatedly asked Shan to demolish the non -specified toilet and kitchen, but Shanmou only blocked the pipeline of the bathroom and refused to restore the house involved in the house. "In case the house is leaking or what a fire occurs, who will bear this responsibility?" After the communication was unsuccessful, Wang sued Shan to Fenghua Court, demanding that the lease contract between the two parties was required to pay the breach of contract. Gold restores the house.

During the trial, Zhu Qingzhao, deputy president of the Democratic Court, visited the house involved in the case and found that:

1. The rental house has been basically completed. Each room (including guest restaurants) has an independent bathroom and a simple kitchen;

2. The ground of the bathroom is raised by 20 to 30 cm. At present, the sewer pipes in the bathroom have been blocked;

3. Each room has an independent meter and water meter;

4. There is a row of raised buildings at the door of the household to wash and place washing machines;

5. Wang's rental house has already been rented to others and actually moves in.

According to the trial of Fenghua Court, the two sets of houses in the case of a change of two houses were changed, and the behavior of setting up a bathroom and raising the floor in multiple places belonged to the situation of "the lessee changes the main body and load structure or expansion of the house building in uniquely." Dan Mou has not made a reasonable rectification and restored the original pattern at the request of the lesson for many times, which has constituted a fundamental breach of contract. And Shan Mou's unauthorized transfer of Wang Mou's house also belongs to the legal situation of the leaser exercising the right to terminate.

The Fenghua Court ruled that Shan Mou and Wang's "Rental Contract"; Shan Mou compensated Wang and He Mou's breach of damages of 2,000 yuan each; Shanmou recovered the original state of the two houses involved in the case within 30 days.

Shan Mou was dissatisfied with the verdict and appealed to the Ningbo Intermediate People's Court. The Ningbo Central Court heard that Shanmou's decoration behavior of the house involved in the house changed the structure and use of the house. It belongs to the leased property that has not been used in accordance with the agreed method or the nature of the leased property. Mou and He Mou can terminate the contract and ask for compensation for losses. In the end, the Ningbo Intermediate People's Court sentenced the appeal and maintained the original sentence.

After the incident, the judge returned to the case after the case. The two sets of resettlement houses involved in the case had been demolished and the original state was basically restored.

Group rental houses are "stubborn diseases" in the process of urbanization. Public safety incidents and various disputes and contradictions caused by group rental houses are common. This case is not an example. Fangqiao Street Department Fenghua District has focused on the "new city". At present, there are many resettlement communities in the area just delivered, and the phenomenon of rental housing is spreading in a hidden situation.

The Fangqiao Court of Fenghua Court held a after -judgment governance, and the joint urban management Fangqiao Squadron convened a symposium to community, property, and representatives of the owners to report the judgment results of the case. After the meeting, the special operation of the "renovation group rental chaos" was carried out smoothly, and more than ten homeowners had actively cooperated to complete the rectification.

Source Ningbo Intermediate People's Court

- END -