On a summer afternoon, Ms. Ou sat on the sofa at home and sighed softly. She is a gentle and kind landlord who rents her house to a newly married couple in the hope that they can take good care of this comfortable home. However, what she didn't expect was that after only one month of the one-year lease, the couple began to default on their rent.
Ms. Ou couldn't stand the rent arrears and decided to go to the house to inspect it herself. In order not to be so lonely, she also brought her own grandmother, which also brought some surprises to her grandmother.
When they stepped into the tenant's house, Ms. Ou was completely stunned when the door opened. She thought the tenants were just behind on their rent and didn't know they had emptied the home. In the originally warm and enveloping house, only a few empty walls remained. The furniture, the TV, the fridge and all the decorations have disappeared cleanly, leaving only an empty space.
Ms. Ou was very angry, how could anyone be so shameless as to sell other people's property as their own?She quickly contacted the tenants, but their answers were unexpected.
Tenants are well aware of the loss of furniture and appliances, but they say that they have sold them by their employees. This reason made Ms. Ou angry, and she thought that the house was rented to the tenant, not to the employee, and even if the employee sold the goods, the tenant must be held responsible.
She then pressed the tenant again and said that she was not satisfied with the reasons they provided. She reminded them that she had spent more than 30,000 yuan on the furniture, and now the tenant was only willing to pay 3,000 yuan to compensate her for the loss. Ms. Ou jumped up on the spot and asked loudly if they still had a little conscience.
Faced with the landlord's anger, the tenant seemed to panic and quickly changed his story to say that he was willing to pay more money. But by this time, Ms. Ou no longer believed their words. She dialed 110 to call the police, hoping that ** could give her some help.
However, **'s answer made Ms. Ou feel a little helpless. Because this issue is a civil dispute involving renting, they suggested that Ms. Ou negotiate with the tenant to settle it in order to reach a consensus between the two parties.
Uncle Gao's point of view:
1.It is not advisable for a tenant to default on rent for a month, and the landlord has the right to check the condition of the property. The landlord's concern and dissatisfaction are understandable, after all, his property has been damaged.
2.The landlord spends a lot of money on furniture and of course wants to be compensated as he deserves. The 3,000 yuan compensation proposed by the tenant is far from enough, and the landlord has the right to demand that the tenant pay the full amount of the loss.
Uncle Zhou's point of view:
1.The landlord does not have the right to enter the tenant's residence without permission to inspect it, which violates the tenant's right to privacy. The landlord should communicate with the tenant through legal channels to resolve the issue.
2.The tenant's claim that the furniture was sold by their employees may be far-fetched, but the landlord did not have sufficient evidence to prove that the tenant was the one who stole the furniture. Landlords should take a more objective and impartial approach to this matter.
The following is a list of legal opinions related to the law involved in this story:
1.According to the Contract Law of the People's Republic of China, renting a house is a lease contract, and the tenant shall pay the rent in accordance with the contract, and if the rent is not paid on time, the landlord has the right to demand payment of late fees or pursue its liability for breach of contract.
2.According to the Regulations on Lease Contracts in China, the tenant shall pay diligent attention to the use and management of the leased property, and shall not dispose of or damage the leased property without authorization.
3.In view of the fact that the tenant's act of quietly selling the landlord's property involves the crime of theft, the Criminal Law stipulates that the crime of theft refers to the act of stealing public or private property, and there are clear penalties for the crime of theft.
4.According to China's Guarantee Law, if there is a guarantee relationship between the landlord and the tenant, and the tenant defaults on rent and causes a dispute with the landlord, the landlord can claim compensation from the guarantor.
The above is a legal opinion given in accordance with the legal provisions of our country, but the specific judgment needs to be judged and adjudicated in combination with the specific facts of the case.