Yesterday, in response to the long-lease apartments thundering and running away leading to the landlord-tenant rights defense difficulties, leasing disputes and other problems, the official website of the Guangzhou Housing and Urban-Rural Development Bureau issued a “Notice on the issuance of guidelines for the mediation of housing lease disputes”, said that the housing rights holders are strictly prohibited from taking excessive measures to evict the tenants.
The Guangzhou Housing and Urban-Rural Development Bureau said that if the housing lease dispute between the housing right holder and the tenant cannot be resolved through consultation on their own, the tenant must be claimed to vacate the premises through judicial means within the lease term in which the tenant has paid the rent in full. Before the tenant moves out, the housing right holder should not take such aggressive actions as cutting off water, electricity and gas to force the tenant to move out of the house. If a tenant is forcibly evicted, he or she should report to the local public security authorities in time to protect his or her legitimate rights and interests.
At the same time, Guangzhou URA suggested that the housing right holder should entrust the management of the rental housing to the housing leasing enterprise, and the leasing enterprise should actively communicate and coordinate with the lessee to stabilize the leasing relationship, and the housing right holder can sign the leasing contract with the lessee directly if the contract with the original leasing enterprise is handled and agreed. Each party has caused losses can be recovered from the original leasing enterprise separately.
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In addition, the Guangzhou Housing Authority said that the tenant’s legitimate rental rights and interests are infringed, can take the following three ways to defend the rights:
- in the name of the individual or the way to choose a representative, and housing rental enterprise friendly consultation to reach a settlement; or by the two parties to jointly apply to the town (street) people’s mediation committee where the rental housing, the dispute matters by its mediation, and strive to maintain the legitimate rights and interests of the parties to the dispute.
- Such as after repeated consultations have not been successful, can be reflected to the relevant departments, the department to intervene to help resolve: one is through the 12345 hotline to the city, the district of the relevant functional departments and rental housing in the town (street). If the parties agree to mediate, they will intervene to mediate; second, call 12315 hotline to the Consumer Council to complain about the complaint matters by its investigation and mediation (only for housing rental enterprises to rent housing).
- Leasing disputes are civil contract disputes, the above-mentioned ways are unable to reach a settlement between the two sides, it is recommended to solve through judicial channels.
If the legitimate rights and interests of the right holder of the rented housing are infringed, the following three ways can be adopted to defend the rights:
- for the entrusted housing leasing enterprises to rent but vacant not rented premises, the right to rent housing can be contracted to terminate the entrusted contract with the housing leasing enterprises in a timely manner to recover the housing.
- For the entrusted housing rental enterprise and still in the lease contract period with the tenant living, in the name of individuals or selected representatives and housing rental enterprise or tenant friendly negotiations to reach a settlement; or by both parties to the leased housing is located in the town (street) People’s Mediation Committee to apply for mediation by the dispute matters, and strive to maintain the legitimate rights and interests of the parties to the dispute. If after repeated consultations are not successful, through the 12345 hotline to the city, district relevant functional departments and rental housing in the town (street). If the parties agree to mediate, they will intervene in the mediation.
- Leasing disputes are civil contract disputes, the above-mentioned ways are unable to reach a settlement between the two sides, it is recommended to solve through judicial channels.
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