Cover news reporter Yang Bo intern Zhang Jia
Xiao He, a senior girl, was recently very distressed by the matter of renting a house, and she found an agent on the Internet to see the house and asked the co-tenant to be a woman. After the agent took her to see a house in a small area of Jingzhu West Road in Chengdu's Chenghua District, she signed a contract with Chengdu Jiamei Dingsheng Real Estate Brokerage Co., Ltd. for a lease period of one year. But after checking in, she found that both of the co-tenants were men, which made her very dissatisfied. During this period, she repeatedly reflected with the agent why the tenant was male, but the other party did not respond positively. After living for a month, Xiao He decided not to renew the lease and hoped to get the deposit back. However, the intermediary company believes that Xiao He ended the contract early, and the breach of contract was not refunded first.
On April 11, the cover news reporter came to the intermediary company involved in the field visit, and the relevant person in charge of the company responded.
Little Ho rented a house
【Encounter】
The agent promised that the tenant was a woman And after checking in, it was all men
On the morning of April 11, Xiao He came to the room she rented with a cover reporter in a small area of Jingzhu West Road in Chengdu's Chenghua District. The house was converted into 4 rooms, the kitchen and bathroom were all shared, and the reporter noticed that one of the rooms was inhabited by a man. The room rented by Xiao He is less than 20 square meters, which has a desk, a bed and a simple wardrobe.
Xiao He told reporters that she found an agent, Ms. Huang, when she looked at the house online, and told the other party that because she lived alone, she did not want to share a room with a man, and the tenant could only be a woman. According to the WeChat chat records provided by Xiao He, Ms. Huang said that the people who rented the same apartment were women.
Xiao Ho's chat history with the intermediary
On March 1, when the agent Ms. Huang took Xiao He to see the house, Xiao He found that there was already a male tenant in the house, to which Ms. Huang said that it was a couple. On March 3, Xiao He and Chengdu Jiamei Dingsheng Real Estate Brokerage Co., Ltd. signed a one-year lease contract with a monthly rent of 800 yuan and a total of 2470 yuan for deposits, management fees and property management fees.
After Xiao He moved in, he found that the previous male tenant lived alone, not the couple said by the agent Ms. Huang. Not long after, another male tenant was moved in, which made Xiao He very dissatisfied. She repeatedly reported the matter to Ms. Huang, but the other party did not reply.
After living for one month, Xiao He decided not to renew the lease and hoped to get back the deposit, management fee and property management fee. However, the intermediary company believes that Xiao He defaulted first, and according to the contract, she needs to pay 200% of the rent as a liquidated damages, and other expenses are deducted and not refunded. "The contract also said that the verbal promise was invalid and that the recording was useless." Xiao He said helplessly.
Little Ho rented a house
【Visit】
The company involved responded: The rental matter is subject to the contract And the oral promise is invalid
In the afternoon of the same day, according to the address provided by Xiao He, the cover news reporter came to the consulate road in Wuhou District, Chengdu and found the company involved.
As for the intermediary's commitment that the tenant is female, why does it become male after moving in, Manager Zhou responded that the contract signed does not clearly stipulate the gender of the tenant, the rental matters are subject to the contract, and any verbal commitment is invalid. He also told reporters that Ms. Huang, the agent who took Xiao He to see the house before, had left the company.
Manager Zhou said that because the house rented by Xiao He did not belong to the company, the rent paid actually went to the landlord. Xiao He had previously negotiated that the company was willing to refund the fee she had charged about 900 yuan, but she did not agree.
As for why the maintenance fee and property management fee cannot be refunded, Manager Zhou explained that these costs are not operated by the company, whether it is maintenance or cleaning services are cooperated with third-party companies, if Xiao He finds a subleaser, then this cost can be borne by the new tenant, and the money paid by Xiao He can be refunded.
The reporter repeatedly called the number of Ms. Huang provided by Xiao He, but the other party did not answer the phone.
Contract signed by Xiao Ho
【Lawyer's Opinion】
If it is indicated before the sharing of the house that it is a woman who needs to share the house, the intermediary company has defaulted
Is the liquidated damages stipulated in the rental contract too high? "Liquidated damages generally do not exceed 20%." Zhu Jieping, a specially invited researcher of the China Policy Science Research Association and a founding partner of Taikun Law, said that the liquidated damages stipulated in the rental contract are too high, and according to the provisions of the law, one party can request a reduction, and in judicial practice, if the agreed liquidated damages are too high, if one party requests the court to reduce the liquidated damages, the court will generally support it.
Contract signed by Xiao Ho
Is it reasonable to invalidate the recording stated in the contract? Lawyer Zhu said that the content of the recording is a reproduction of the objective facts, so it cannot be agreed that the objective facts are invalid. "As to whether the evidence can be admissible, in the judicial proceedings the court may decide whether to admissibility according to the needs of the proof of the case."
Lawyer Zhu said that the lessee is a girl, and if the core appeal before the sharing of the house clearly indicates that the person sharing the house cannot be a man, the intermediary company has a breach of contract. If the subject of the contract is directly signed by the lessee and the intermediary company, it is entirely possible to ask for check-out and not bear any liability for breach of contract. He also suggested that the lessee could negotiate with the other party and, if it could not negotiate, could file a lawsuit with the court.
How to participate
1. Enter the cover news and click on the "Cloud Help" floating window below the home page to enter the help platform and divert to cloud complaints, cloud help, and cloud clues. On the help platform, after filling in the corresponding help content, you can complete the upload of the help information.
2. Open the "Cover News" client, click to enter the Green Banana page #Cloud Help - Cloud Complaint # topic online message interaction.
3. You can leave a message through the official Weibo, WeChat or Douyin account of the cover news, as well as the official Weibo of Qingjiao Video, and initiate a request for help.
4. You can also call the hotline 028-86969110 for help.
All requests for help are considered to be successful after being approved by the editor.
Cover news will be answered, followed up and assisted 24 hours a day (to protect privacy, the relevant information will be kept confidential, please rest assured).
[If you have a news thread, please report to us, once adopted, there is a fee reward.] Feed WeChat attention: ihxdsb, feed QQ: 3386405712]