Source: Urban Live Original
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Ms. Wu has a house in Bakou Lane, Nanchang City, Jiangxi Province
Leased to a health supplement company many years ago
After the expiration of the rental contract
An employee of this company said
I want to rent a house to my "mother".
Now the rental contract has expired
But the old people who live in it just don't move out
Ms. Wu didn't know what to do
Ms. Wu said that in November last year, she had greeted the elderly and asked them to use the house. According to the contract, the other party should quit the house in January this year, but until now, the other party has no intention of moving out.
There was no way, Ms. Wu had to call Mr. Wang, who had signed the contract on her behalf, and ask him to pick up the old man. But the other party actually said that he couldn't take it away, because the relationship between them was not a real mother-son relationship, and the old man Ms. Fan was just a customer of their health care product company.
Mr. Wang, an employee of a health care product company: She said that she wanted to rent here at that time, but she said that she couldn't rent it when she was old, and she said that she would help her if she helped her, but she didn't know what the consequences were.
Mr. Wang also came to the scene and worked with the landlord to persuade the 78-year-old Ms. Fan to move out as soon as possible, but there was no follow-up.
Ms. Fan told the urban scene reporter that she only has one son, and after the death of her wife, she basically had no contact with her son's family, mainly because of money. Ms. Fan said her previous home was demolished because of the construction of Metro Line 1.
Urban Scene Reporter: What about the money for demolition?
Ms. Fan: I used up the money and health products, and it was estimated that it cost five or six hundred thousand yuan.
Lawyer's view: "ruining" the family property is not a reason for children to refuse to support the elderly
For this matter, the urban scene reporter accompanied Ms. Wu to find the staff of the West Road community in Zhanqian West Road, Xihu District, and the other party said that the community also came to the door many times to do work, but the old man just refused to move.
Staff of Zhanqian West Road Community, Xihu District, Nanchang City: We still suggest that she doesn't have a son? Is it his duty for her son to support the elderly, or contact her son more.
Community workers said they had also contacted the old man's son several times, but the other party ignored him. On May 9, the old man's son once sent a text message back to the landlord, Ms. Wu, in which he wrote: "The old man with a million-dollar pension does not care about his immortality and does not leave a way back, he is no longer angry, and the anger will disappear over time, and this is heartbroken and unforgettable hatred, I don't have time to find her a house."
Subsequently, the urban scene reporter also contacted the old man's daughter-in-law by phone.
Ms. Fan's daughter-in-law: She ruined the family's property and family savings, she said this, saying that the two of us are not as good as others, she said I don't want you to care, I am dead and buried outside, you don't want to look for me.
The old man's daughter-in-law told reporters that the contradiction between their husband and wife and her mother-in-law is indeed very big, and in Ms. Fan's current situation, they can manage it, but there are conditions.
Ms. Fan's daughter-in-law: I went to help her rent a house, and after renting the house, we won't take care of everything she has, I want to write it into the agreement, if I can't do it, we don't care.
For the landlord, Ms. Wu, how should she deal with it? Article 733 of the Civil Code stipulates that upon the expiration of the lease term, the lessee shall return the leased property, and the returned leased property shall conform to the state after use in accordance with the agreement or according to the nature of the leased property.
Lawyer Gao Zhengwei: If the negotiation fails, she can communicate with her children, or ask the community street office to mediate, if it is really impossible to solve the problem, she can only file a lawsuit with the court, and the court will rule that she quit the rental house, and if she still does not quit, she can apply to the court for enforcement.
In addition, Article 1067 of the Civil Code stipulates that parents who fail to perform their maintenance obligations and who lack the ability to work or have difficulties in living have the right to demand alimony from their adult children.
Lawyer Gao Zhengwei: When there are difficulties in life, the child has the obligation to support the elderly parents, which is a legal obligation, and it does not become a reason for the child to refuse to support the elderly because of some of the parents' past behaviors, such as her own property is not well protected.