On October 26, the incident of a second landlord running away in Wangjing, Beijing, caused more attention on the Internet.
It is understood that the second landlord rented the house from the intermediaries such as Chain Home, Ziru, and I Love My Home, and subleased it to tenants at a price lower than 20% of the market price. Collect the annual rent paid by the downstream, pay it monthly to the upstream channel, and run away after arbitrage of funds in this way. At present, there are more than 180 victims, mainly employees of Meituan, Ali, ByteDance and other Internet factories, involving tens of millions of dollars, and most tenants are facing the situation of being dismissed by housing intermediary companies and owners.
It is worth noting that many tenants told the Red Star Capital Bureau that they thought that the second landlord was the landlord himself, and even the phenomenon that the three landlords and the four landlords changed hands many times.
The second landlord ran away with the money, which seems to be a contradiction between his personal and tenants, but after the second landlord collected the house from the chain home, free, I love my home, Sweeten and other intermediary platforms, the intermediary really did not know about its sublease behavior? Is such behavior permissible? How did the intermediary deal with it after the incident?
On October 26, Ziru responded to the Red Star Capital Bureau that the platform "does not allow private subleases"; The chain home said that the sublease is agreed upon by the landlord and the lessee, subject to the landing contract.
Wang Guanshun, a lawyer who is the director of the real estate business department of Jingshi Law Firm, told Red Star Capital Bureau that in such incidents, intermediaries, second landlords and tenants all need to bear certain responsibilities. If the second landlord "runs away", the intermediary needs to bear most of the responsibility.
Personal version of the so-called "long-term rental apartment" into the trend?
Some people run away with money, and some people violently retreat
On October 26, a number of employees of Ali and Meituan told the Red Star Capital Bureau that the rental information they saw on the intranet platform said that it was "landlord direct rent", which was actually received by the second landlord from the intermediary platform. Now the second landlord has run away, and the intermediary platform has begun to violently collect the house.
It is understood that the second landlord, named Zhang Wei, who is well-known in the rental circle in Wangjing, has been providing rental housing for employees of Alibaba, Meituan, ByteDance and other Internet factories for many years.
"I saw the rental information on Ali's intranet, Zhang Wei said that the landlord is his cousin, and also showed us a copy of the owner's ID card and real estate certificate, plus a friend who had rented his house before, so we believed it." Tenant Luo Qi (pseudonym) told Red Star Capital about his rental experience.
Luo Qi said that the location, price and service of this house exceeded expectations, and the only requirement was that the rent must be paid annually, "the monthly rent is 9100 yuan, and the 12-month rent + 1 month deposit is a total of 118,300 yuan." ”
However, nearly 120,000 yuan of rent was paid to Zhang Wei, but Luo Qi did not live in the ideal house, and within two days, the chain family and the landlord came to collect the house from Luo Qi.
"The people of the chain family came to know that this house is not Zhang Wei's cousin, it was subleased by Zhang Wei, and the contract he signed with the chain family is quarterly payment, and the signing price is 13500 / month." Zhang Wei only paid 1 month's rent as a deposit to the chain family, and did not even pay three to the landlord, and ran away. Luo Qi said.
Compared with the signing price of Zhang Wei and the chain family, the price of the house that Luo Qi took from Zhang Wei's hand was not even 70% off the upstream, which was quite a tempting offer. The price has also become the key to the annual payment negotiations between Zhang Wei and the tenants.
In addition to taking the form of large factory intranets and acquaintances, Zhang Wei has also used fake scans or copies of real estate deeds to gain the trust of tenants.
A copy of the real estate deed provided by Zhang Wei Courtesy of the interviewee
Han Ping (pseudonym) is a rental contract signed with Zhang Wei in November 2019. When signing the contract, Zhang Wei took out a scanned copy of the real estate certificate that he and others shared, "Later I learned that the real estate certificate was to be verified by the Housing Authority, but I did not verify it at the time." ”
Just after Han Ping thought that Zhang Wei was indeed the landlord and completed the signing of the contract, in April 2020, the real landlord Ms. Cui came to the door with a housekeeper and a real estate certificate, and Han Ping learned at this time that the real estate certificate in Zhang Wei's hand may be fake. "The information on the two title deeds is the same except for the different names of the homeowners. Later, I also learned from the side of the property, ms. Cui is the real landlord. ”
It is worth noting that the house rented by Han Ping, Zhang Wei is not even the second landlord. After Zhang Wei ran away, a woman named Xu Shuhui came to the door, claiming to be the tenant who had signed a contract with Ziru, and now asked Han Ping to clear up. Xu Shuhui told Han Ping that she was in the homestay business, and she had rented more than 10 houses around Wangjing, and Zhang Wei was one of its tenants.
The lease contract signed by Zhang Wei is provided by the interviewee
In other words, the house rented by Han Ping has already passed three "landlords" and changed the rent four times, and these Han Ping did not know in advance.
According to the audio and video recording provided by Han Ping, after refusing to clear the door, Xu Shuhui repeatedly asked Han Ping to clear the door from October 21 to 25, such as pulling the power and disconnecting the network, knocking on the door in the early morning, and picking the lock. "They didn't come forward because they can still receive rent from Xu Shuhui," Mr. Han said.
There are many similar situations like Luo Qi and Han Ping, and the Red Star Capital Bureau has learned that the damaged tenants have formed a rights protection WeChat group, with more than 180 people in the group, involving more than 150 houses, and most tenants are facing the current situation of being liquidated by housing intermediary companies and owners.
The second landlord collects a large number of subleases
The sublease must be completed within the Free APP
The second landlord ran away with the money, which seems to be a contradiction between his personal and tenants, but after Zhang Wei collected the house from the chain home, free, I love my home, Sweeten and other intermediary platforms, the agent really did not know about its sublease behavior? Is the behavior of the second landlord permissible? How did the intermediary deal with it after the incident?
On October 26, Red Star Capital Bureau interviewed The Chain Home on this issue.
Ziru made it clear to Red Star Capital bureau that "private sublease is not allowed" and provided a screenshot of the rules for sublease in the Ziru APP. The screenshot shows that the sublease must be completed in the free APP, and the subleaser needs to pay 20% of the monthly rent as a security deposit.
As for how to implement this provision, the free side responded to the Red Star Capital Bureau that "regular cleaning, housekeeper search".
However, Han Ping told Red Star Capital that during the two years he rented the house, the landlord and the housekeeper had entered the house twice in April 2020 and September 2020, and had learned of the fact that the house was subleased. In Han Ping's view, Hezhi acquiesced in the sublease of the second landlord, "probably because the landlord and Ziru could receive money at that time, so there was no liquidation." ”
Another tenant, Chen Jing (pseudonym), told the Red Star Capital Bureau that after Zhang Wei ran away, he showed her the rental information of the house, which was shown to be rented by Beijing Shanhai Xuanhua Technology Co., Ltd. "Ziru said that Zhang Wei was (representing) the company and the house was rented to employees."
However, the Tianyancha APP shows that the legal person of Beijing Shanhai Xuanhua Technology Co., Ltd. is not Zhang Wei, but Li Ye, and the company was established in June 2021 with a registered capital of 100,000 yuan. The Red Star News reporter tried to contact the relevant person in charge of Beijing Shanhai Xuanhua Technology Co., Ltd. in various ways, but none of them were successful.
Sky Eye Check APP screenshot
The chain home told the Red Star Capital Bureau that whether to allow sublease is agreed upon by the landlord and the lessee, subject to the landing contract, "The chain home model is that after the three-party contract is signed, the service ends." The landlord who does not agree to sublease is the final say, and sometimes the landlord will write it clearly on the web page. ”
The chain home side added that because the signing of the contract requires the presence of three parties, the chain home is aware of whether the house is allowed to sublease, "but in the later stage, we do not have the authority to supervise, because the rental out service is completed." ”
However, according to the video provided by Luo Qi, the staff of the chain family even gave the house key to Zhang Wei when Zhang Wei had not yet signed a tripartite lease contract, resulting in a situation where Zhang Wei first signed a sublease contract with Luo Qi, and then signed a tripartite contract with the chain family and the landlord.
"The landlord is also unaware of Zhang Wei's sublease, they have not received Zhang Wei's house payment, last Saturday wanted to see what was going on, but when they opened the door, they found that it was us." Luo Qi said.
The lawyer's analysis said that the intermediary bears a lot of responsibility
At present, the police have filed a case
The second landlord ran away, and the landlord and intermediary who could not receive the house payment could only ask to collect the house, and many tenants were even violently dismissed.
Some tenants told Red Star Capital that they were forced to pack her luggage when the tenant was not at home. In the photo, the tenant's luggage is affixed with a seal, and the payment is "Sealed by Beijing Ziru Life Enterprise Management Co., Ltd." and stamped with the official seal of Ziru.
The tenant's luggage is freely affixed with a seal Courtesy of the interviewee
On October 26, the company responded to red star capital bureau on whether it involved violent liquidation, saying, "In the past, it did not respond." However, for tenants who are unaware of the illegal sublease behavior of the second landlord, we will not violently liquidate. Later, he added, "When it comes to tenants, we will actively communicate to help them tide over the difficulties and promote the safe and orderly resolution of the matter." ”
If the second landlord runs away, is the intermediary eligible to dismiss the sublease tenant? In this case, how should the tenant defend his rights?
On October 27, Wang Guanshun, the chief lawyer of the real estate business department of Jingshi Law Firm, analyzed the Red Star Capital Bureau and said that in such incidents, the intermediary, the second landlord and the tenant all need to bear certain responsibilities. If the second landlord "runs away", the intermediary needs to bear most of the responsibility.
"If the second landlord conceals his true identity and rents out the house in the name of the landlord, this is a fraud and needs to be paid by himself." However, the intermediary failed to fulfill the obligation of review, and in the fraud case, it is attached to the civil liability and also needs to bear the corresponding liability. In addition, the tenant itself is also negligent, when renting a house, the tenant needs to review the property certificate and other relevant documents, and the tenant has not fulfilled the obligation of careful review. Wang Guanshun said, "The specific proportion of compensation is determined by the court." ”
It is worth noting that Wang Guanshun believes that in such incidents, under normal circumstances, the landlord is not responsible, and the more the lease relationship is behind, the more difficult it is for the landlord to control. "Even if the landlord allows the sublease, the legal rights and obligations of the landlord in the contract have been transferred to the intermediary, and the intermediary, as a professional institution, has the obligation to review."
In terms of liquidation, Wang Guanshun said, "Intermediaries have the right to withdraw, but they must bear the obligation before they can exercise it." In other words, the intermediary needs to negotiate with the tenant and give the tenant a certain amount of compensation before it can legally clear the tenant. "If you encounter the problem of difficulty in receiving the house," the intermediary can legally clear the tenant by means of suing the tenant, but there is no right to pry the lock." ”
On October 26, Red Star Capital Bureau learned from the Huajiadi Police Station of the Chaoyang Branch of the Beijing Municipal Public Security Bureau that there are not a few tenants involved in the case, and the police are collecting tenant information to investigate, and will feedback to the tenants once the case progresses.
Police case filing receipt According to the interviewee
At present, Han Ping said that he has received a receipt from the police, "The police said that the dispute over this house is a civil case, which can only be filed in the form of fraud, and needs to be civilly coordinated with the intermediary and the owner." ”
Red Star News reporter Yu Yao Xie Yutong
Responsible editor Ren Zhijiang Editor Yang Cheng
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