Netizens posted that houses in Shanghai were illegally encroached upon into Airbnb rental houses? It is rented by the in-laws

The Paper's reporter Chen Yixin, senior reporter Zhu Yiyi, reporter Gong Chinese

On December 7, netizen Yu Le (pseudonym) posted on Weibo that he had not been in Shanghai for more than a year, but that his house in Shanghai had been unlocked and rented out by Airbnb.

The reporter learned from the interview that this is not the whole picture, Yu Le and her husband jointly own the house, which is rented by the in-laws. Informed sources said that Yu Le and his wife had divorced but did not go through divorce procedures, and the property was not completed. The reporter consulted the lawyer and learned that her husband had the right to dispose of the house, and if Yu Le's husband authorized his parents to rent it, it was not illegal occupation. Yu Leke sued her husband and demanded that half of the rent be given to her.

At about 9:30 a.m. on December 7, Yu Le posted on Weibo that his house had been "illegally seized" and rented out to others through Airbnb. She said that she had not lived in Shanghai for more than a year, and recently suddenly received an electricity bill, asked the property and learned that her house in Jiading, Shanghai, had been rented out, and she was completely unaware of it.

"The key is only me and a good friend have, the real estate certificate is only one, the whole thing is here, I thought the real estate certificate was here, the key was here, it was impossible for the house to be pried locked and rented, I didn't expect it to happen so really." Yu Le said, "My things are all gone, my house is occupied." At about 20:00 on the same day, the surging news reporter found that Yu Lefa's Microblog could not be seen.

Screenshot of Weibo

A few hours after Yu Le posted on Weibo, the number of messages in the post exceeded 800 and received a lot of attention.

On the same day, the surging news (www.thepaper.cn) reporter contacted the party Yu Le and found that the whole situation was not the case.

"This house is owned by me and my titular husband, two people, and we both own it." Yu Le said in an interview with reporters that she later learned from the intermediary that it was her in-laws who rented out the house. Yu Le revealed that he married in 2017, but due to the breakdown of the couple's feelings, he has not been in contact with her husband for a long time, and for a series of reasons, the two have not divorced so far.

"This house is owned by me and my titular husband, two people, and we both own it." Ms. Yu told the surging news reporter that the house is shared by her and her husband, due to the breakdown of the husband and wife's feelings, the two are in a state of separation and have not yet been divorced, and the property has not been divided, "We have fought (divorce) lawsuits, and the court said that if it is impossible to agree on the ownership of the house, it will not be divorced." ”

Yu Le told reporters that she later learned from the intermediary that it was her in-laws who rented out the house. She said that the reason why she did not write these situations into Weibo before was "because this matter is easily confused, I think the focus of the matter is that the real estate deed is here, but the house is rented out." ”

On the evening of December 7, Airbnb's community support team replied to the matter, and @YuLe on Weibo, saying that "after seeing Weibo, it attaches great importance to it, launched an investigation at the first time, and immediately sent a private message to you, hoping to communicate with you directly by phone in order to understand and verify the details of this matter." ”

The response stated that, based on information Airbnb obtained from the listing operator, the tenant mentioned was not booked through Airbnb. In addition, the lessor said that the property he operated had signed a legal lease contract with the owner of the house, and in response to the question raised by the woman, the property owner had also cooperated with the local police station in Shanghai to complete the relevant procedures for the transcript and evidence provision.

"We still hope to be able to communicate directly with you and provide necessary support, but we have not yet received a reply to your Weibo private message, and we cannot confirm your contact history in the customer service contact record." Airbnb said it has an appropriate review process for online listings to operate online, and the platform policy also clearly requires and prompts landlords to confirm whether there are restrictive clauses for subletting or renting in their leases. For user complaints and reports, the company also has a special team responsible for handling.

The reporter learned from an informed source that after investigation, the above-mentioned real estate is the joint property of the parties and their husbands, and it is the in-laws of the parties who rent out the house. The husband of the party is now in Japan, and the two have planned to divorce but have not gone through the divorce procedures, and the property has not yet been divided. "For the time being, this incident seems to be more inclined to a family property dispute, and it is recommended to take judicial proceedings."

In response to this incident, Wei Xinya, a lawyer at Shanghai Jianhu Law Firm, said in an interview that the real estate certificate of the house had the names of Yu Le and her husband, which belonged to the joint property of the husband and wife, and her husband had the right to dispose of the house, and if Yu Le's husband authorized his parents to rent it, it was not illegal occupation. Yu Le could sue her husband and share half of the rent with herself.

"It is not ruled out that Ms. Yu can return the full rent." Wei Xinya said that if the rent is now collected by her in-laws, Ms. Yu has the right to return all the rent, "but if her husband says that his share of the rent is given to his parents, there is no way (all to come back)." ”

Pan Shuhong, a partner at Shanghai Hengjian Law Firm and a deputy to the Municipal People's Congress, told the surging news reporter that in the absence of a real estate certificate, Ms. Yu's husband, as one of the co-owners of the house, should have no legal obstacles to the external rental.

"The in-laws renting out the house to the outside world, from a legal point of view, is ok and in line with the regulations." Pan Shuhong said that the right to income from rent belongs to the common property of the husband and wife during the existence of the relationship, and since the husband can authorize the disposal of the house, Ms. Yu also has the right to revoke this authorization.

Editor-in-Charge: Zhang Hui Photo Editor: Shi Jiahui

Proofreader: Yan Zhang