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Region: Sichuan Chengdu
Check whether the second landlord has the right to sublet. If the second landlord has the right to sublet after being authorized by the big landlord, he can't drive you out. If he has no right to sublet, that is, illegally sublet, he can ask you to move out. Keep the rental contract and try to find the second landlord. If the second landlord refuses to take responsibility, take the legal path. In short, the big landlord is the owner of the house. If you rent without the signature or declaration of the big landlord, the big landlord has the right to ask you to move out. However, if the big landlord does not raise an objection within six months after the second landlord leased the house to you, you have the right not to move out. The legal basis is as follows: Understanding and Application of Judicial Interpretation in the Trial of Disputes over Urban Housing Lease Contracts Article 16 The lessor knows or should know about the lessee's sublease, but does not raise an objection within six months, The people do not support the request for rescission of the contract or the determination that the sublease contract is invalid on the ground that the lessee has not obtained consent. Article 17 When the lessor requests to terminate the contract because the lessee is in arrears with the rent, and the sub lessee requests to pay the unpaid rent and liquidated damages on behalf of the lessee to defend the lessor's right to terminate the contract, the people's court shall uphold it. Except that the sublease contract is invalid. Extended information: What are the ways to identify true and false landlords when renting:
1. Call to confirm, you can ask if you have a house for rent (don't specify the specific house). If the other party doesn't know which house it is, you may be able to identify it as an intermediary, so be careful.
2. Confirm the ID card and account book of the landlord, because many fraudsters use fake ID cards to cheat. In order to prevent forgery, try to see the original. At the same time, the more certificates you have, the more helpful you will be to help yourself identify the true and false landlords.
3. Ask the landlord to show the original of the house ownership certificate. If the landlord shows the property right certificate, it is advisable to write down the property right certificate number and other details, and then go to the Real Estate Bureau for inquiry. If the other party says that he has just bought a house but has not obtained the property right certificate, he can ask to see the purchase contract signed with the original property right unit. At this time, it is suggested that the renter should request to keep copies of the ID card and the property certificate provided by the landlord, which will help to submit evidence in case of disputes.
4. Confirm the truth of the landlord by making more contact with the landlord and observing whether the landlord knows about the house and its surroundings.
5. After leaving, you may wish to return to the location of the house, go to the housing management office, neighborhood committee, property company, and inquire about the situation of the house and the owner from the side of the neighbors to identify the true and false owners. Finally, if you are renting for the first time and you are not sure about the landlord, you may want to pay the rent monthly or quarterly at the beginning, and then pay it half a year or annually after both parties have a better understanding. In addition, according to the current laws and regulations of our country, the legal registration of leased houses is an effective way for renters to protect their rights. However, some renters may, for reasons such as helping landlords avoid taxes, modify the rent price (generally reduce the rent) and sign a standby contract after signing a contract with the landlord. The result of this is likely to be very unfavorable for renters. For example, when there is a dispute with the landlord about rent return, it is likely that there will be unnecessary disputes on the house price. Therefore, it is not recommended that renters accept this practice of the landlord for immediate convenience or to maintain good relations with the landlord. Reference: Interpretation of the Supreme People's Court on the Trial of Urban Housing Lease Contract - the Supreme People
2020-09-29 18:26:56 Reply
