Original title: Who has the right to continue to rent after the death of a public housing tenant (topic).
Beijing 12348 Public Legal Service ** Case (Subtopic).
Rule of law ** reporter Xu Weilun collated.
I am in Shijiazhuang City, Hebei Province, and I have been living with my parents in a rented public house in my parents' unit. There are three of us, the elder sister got married early, and the younger brother works in Beijing, and only goes home during the New Year's holidays. Many years ago, his parents passed away, and the public housing was demolished in 2022, and in order to obtain compensation, the younger brother changed the house rented by his parents to be rented by him without authorization, and signed a rental contract and a subsequent demolition agreement with the unit. Is such a demolition agreement valid? If not, how can I apply for a confirmation that this agreement is invalid?
Consulted: Ms. He.
In July 2023, Ms. Ho called ** to consult her brother and asked her to vacate the house. After receiving the consultation, we patiently listened to her questions and answered them.
First of all, there are conditions for changing tenants of self-managed public housing. Ms. He has been renting a public house rented by her parents, and whether she can change her to a tenant depends on the relevant local regulations. However, according to Ms. He's statement, she was not in good health, she went through the procedures for sick retirement a few years ago, her lover passed away a few years ago, there was no other housing at home, and her household registration had always been in public housing, so she should meet the rental conditions.
Secondly, Ms. He's younger brother did not have a local household registration and did not actually live in the house, but he went through the procedures for renting the house in his own name, which was indeed inappropriate. In this regard, we suggested to Ms. Ho that she could apply to the public housing management department to review the application materials submitted by her brother when he rented the house to see if there were any problems.
In addition, according to Ms. Ho, her younger brother tampered with the time of his parents' death. In our view, this detail needs to be judged through further examination. If the younger brother falsifies the time of his parents' death in order to qualify for the tenancy contract, the tenancy contract is null and void.
On the issue of how to confirm the invalidity of the demolition agreement, we suggest that if the administrative department fails to cooperate with Ms. He in checking the relevant details and issuing a written certificate, Ms. He can file a lawsuit with the people's court to request confirmation of the invalidity of the public housing lease contract, and the housing management department will submit relevant materials in accordance with the law during the trial. After the lease contract is confirmed to be invalid, Ms. He can apply to the demolition unit to re-sign the demolition agreement, and if the demolition unit does not cooperate or cannot change it directly, she can file a lawsuit with the court to confirm that the demolition agreement is invalid.
Answerer: Wan Mingjun, duty lawyer in Yanqing District, Beijing 12348 Public Legal Service ** Platform.
Result: The lawyer gave detailed answers to the questions raised by the consultant, Ms. He, on the legal provisions and ways to protect rights, and Ms. He expressed her gratitude to the Beijing 12348 public legal service ** platform through the 12345 citizen service**. Later, under the guidance of the duty lawyer of the 12348 public legal service ** platform, Ms. He filed a lawsuit in the local people's court and finally successfully resolved the above problems.
*:Rule of law**.