A neighborhood on Jianye Road in Chengdu has been built for more than 10 years, and a noodle shop was recently opened at the bottom of the street, but a dispute broke out between the small noodle shop and the owner for nearly half a year.
The owners were outraged: "When I bought a house 10 years ago, the fact that the shops on the ground floor could not be used for food and beverage operations was a promotional selling point at that time. The purchase contract also clearly stipulates that the commercial property cannot be used for catering business, and now that a noodle restaurant has been opened, is the contract nullified? ”
The owner of the noodle shop felt very helpless: "I went through all the procedures related to the meal, but they (the owner) are still arguing, and I really don't understand." He insisted that "it will continue to operate."
The noodle restaurant, which has been open for less than two months amid the controversy, has been repeatedly inspected by the Market Supervision Administration, Emergency Management Bureau, Housing and Urban-Rural Development Bureau, Food and Drug Administration, Street Office, Property Management and other departments.
As a bridge of communication, they not only consult with the relevant departments for the problems reported by the owners many times, but also go to the noodle shop every morning and evening to supervise, mainly focusing on health and safety issues, and are seeking solutions to problems.
So, how to solve the conflict between the owner and the noodle restaurant?
Owner's Viewpoint:
The owners argued that the purchase contract clearly stated that commercial premises could not be used for catering operations. They are worried that the opening of noodle restaurants will lead to the emergence of more and more restaurants in the bottom business, further affecting the surrounding environment of the community. In addition, they are also worried about the safety risks of the use of liquefied gas tanks, because the bottom merchant did not set up flues, sewage pipes, etc. during construction.
Noodle shop owner's opinion:
The owner of the noodle shop said that he had completed all the relevant procedures for catering, including the catering business license and food business license. He believes that his location is compliant, and the purpose of the shop is clearly specified in the lease contract as a noodle shop. He also explained that the exhaust fan and fresh air system were installed in the noodle restaurant, which did not involve the problem of oil smoke emissions, and safety measures were taken to store liquefied gas tanks in storage rooms.
Property Viewpoint:
Property owners said they have repeatedly told landlords that they cannot rent as food and beverage shops, but are also looking for the best way to coordinate the problem, such as changing liquefied gas tanks to electrical devices to improve safety. They also maintain contact with departments such as gas companies and power supply boards, focusing on safety and hygiene issues.
Lawyer's Viewpoint:
The lawyer pointed out that although there are relevant provisions in the purchase contract, the agreement may belong to the content of the standard contract, and from a legal point of view, the agreement in the standard contract may be regarded as invalid when it involves conflicts of laws and regulations. At the same time, the right to use the shop belongs to the owner and is not limited by the standard clauses in the purchase contract. Therefore, the shop owner has the right to lease the shop for the operation of the noodle shop, provided that it is legal and compliant.
To sum up, resolving the conflict between the owner and the noodle shop requires comprehensive consideration of the purchase contract, laws and regulations, and current policies, and may require legal channels to resolve the dispute. Property owners should continue to coordinate with each other and focus on safety and hygiene issues to find the best solution.