Shanghai Jing'an, a community Of No. 17, Building 601, the original 3 bedrooms, 2 halls and 2 bathrooms of the house, was separated by the second landlord into 5 rooms, all rented out. The residents of the same building complained bitterly and dared not speak out.
According to the reactions of residents of the same building, it was still noisy at 10 o'clock in the evening. Sometimes they order takeout late at night, and the takeaway guy will ring the doorbell of other residents and ask for the access control to be opened, because there is no doorbell installed in the group of renters. In addition, due to the chaos of people in the group rental house, there is no safety awareness, and sometimes even the electric gate is burned out and no one cares, which is very dangerous.
Residents have not complained, but the property and relevant departments came to the door to ask for rectification, and the two landlords immediately corrected it. But once the inspection is over, it starts again. (Source: Xinmin Evening News)
Although Shanghai has long issued regulations prohibiting group rentals, there are still many landlords or second-tier landlords who risk being punished for their benefits.
As a tenant, as long as the rent is cheap, even if it is a small compartment, you can have a bed to sleep on the line, anyway, they work in the company during the day, so they will not take the initiative to report.
Is there no way to deal with this phenomenon?
Not really. According to the provisions of the Measures for the Administration of Rental of Residential Housing in Shanghai, the rented house shall be rented in the original design of the room, and shall not be rented after being built separately, nor shall it be rented according to the bed. Other spaces originally designed as kitchens, bathrooms, balconies and underground storage rooms may not be rented for occupancy.
Therefore, in this incident, the second landlord of 601 separated the original house into 5 rooms, which is obviously wrong.
Now the question is, the second landlord has been playing a peek-and-seek game with the property and relevant departments, checking and demolishing, checking and rebuilding, can this situation be punished?
According to the provisions of the Measures for the Administration of Residential Housing Rental in Shanghai, those who do not meet the requirements of the minimum rental unit, the limit on the number of residents and the minimum per capita rental area may be ordered to make corrections within a time limit. Those who do not make corrections within the time limit may be fined 10,000 to 100,000 yuan.
The second landlord changes every time, and after the change is completed, it is a loophole to be punished if it is overdue. I believe that those who make a comeback should also be punished according to the overdue correction.
Of course, there are other ways to solve it, that is, to find the big landlord, that is, the actual owner of the house.
Since the second landlord does not cooperate with the rectification, it can only put pressure on the big landlord. The large landlord has the right to terminate the lease relationship with the second landlord in accordance with the provisions of the lease contract.
According to the provisions of the Civil Code, if the lessee subleases without the consent of the lessor, the lessor may terminate the contract. In addition, if the lessee has violated the law, such as illegal reconstruction, the lessor can also request to terminate the contract.
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