On July 20, 2019, Li Si and Zhang San signed the "Housing Rental Operation Contract", in which Li Si leased the first to sixth floors of Hualong Building for a lease period of 15 years, and the two parties agreed that if the lessee commits any of the following acts during the lease period, the lessor has the right to rescind the contract and reclaim the rental house by itself: (1) sublease or sublease the leased house without the consent of the lessor; (2) without the consent of the lessor, the structure of the house is demolished or changed or the rented house is damaged, and it has not been repaired within the reasonable period proposed by the lessor...
After Li Si leased the Hualong Building, the first to third floors were run by his wife Lin Yuhua, and the fourth to sixth floors were used to operate the Longqin Honghaiju Hotel. After that, some of the main street frontage buildings in the village included Hualong Building to implement the "dressing and hating" style improvement, and the roof was added to the steel structure slope roof. Li Si did not have Zhang San's consent, on this basis, built and decorated a total of seven standard rooms, each room is luxuriously decorated, each room is a standard room, with a bed, lighting system, air conditioning, toilet, bath, etc., equipment and facilities are perfect.
Zhang San believed that Li Si had rebuilt it without authorization and sued to rescind the contract.
The court of first instance held that the "dressing and hating" project carried out in accordance with the instructions of the management committee in the case of the addition of the steel structure on the roof of the Hualong Building was not carried out by Li Si. Although Li Si carried out partitions, installed doors, windows and interior decoration on the basis of the additional construction parts of the case, Li Si's decoration behavior obviously did not belong to the contract agreement of "demolishing and changing the structure of the house". Termination of contract is not supported.
The court of second instance held that the roof is also a load-bearing structure at the top of the house. The act of adding seven rooms to the roof of the house involved in the case not only changed the function and role of the roof (making the rain and sun protection function become a customer operation function), but also (adding the raw materials used in the seven houses, housing facilities, etc.) also increased the bearing of the house, affecting the load-bearing structure of the top of the house, and then affecting the safety of the use of the house. Therefore, it is an act of demolishing and changing the structure of the house. In the end, the second-instance judgment was changed to support Zhang San's termination of the contract.
Lawyer's suggestion: Li Weifeng, a senior partner at Shanghai Qifang Law Firm, believes that the same act in this case is only a "decoration act" in the first instance court, while the court of second instance, starting from the specific function of the roof, believes that the roof also has a load-bearing function, and Li Si's act of adding 7 rooms must have an impact on the load-bearing structure at the top of the house, and actually has an impact on the safety of the use of the house, which is "the act of demolishing and changing the structure of the house". Therefore, when judging the reconstruction of the house, we can use this as a reference, when it is difficult to judge only from the surface form, we can judge whether it constitutes a substantial change in the main structure and load-bearing behavior of the house from the function of the house part and the actual impact of the reconstruction behavior on the structure and load-bearing of the house. Do you remember?