Chapter 302 The house must be taken back, and the people must be sent in!
"What did you say?"
"Has the house been rented out? Is it signed a lease contract for 40 years?"
After hearing Sister Yun's words, Jiang Bai frowned and said intimately.
The main problem is the rule of "buying and selling without breaking the lease".
The so-called "buying and selling do not break the lease" means that during the period of the lease relationship, changes in ownership of the leased property will not affect the validity of the lease contract.
The lessee can fight against others based on his lease right, including the owner of the lessor.
In the case of a sale of rental properties, the lease contract will not be affected. The buyer (i.e., the new owner) must respect the original status of the lessee's right to use on the subject matter, that is, it must replace the original owner's status and become a new one
The lessor shall terminate the lease contract unless the lessee terminates the lease contract.
Simply put, for a house that has been rented out, there has been a change in ownership, which is what we often call transfer. In this case, the lease contract is still valid. Your new owner cannot unilaterally terminate or terminate the lease.
The contract is voluntarily terminated by the tenant.
"They clearly want to use the rule of 'buying and selling without breaking leasing' to exploit loopholes in the law..."
Sister Yun's tone was full of resentment.
"Every time Anqi comes to the door to argue, the other party will give a rental contract and talk about it. If he bites him to death, he will not terminate the contract. He has a very firm attitude."
"They also told Angel that if you want to accept the house, you will come back in forty years."
"I'm really angry just by listening to Angel telling this. How could there be such a shameless person in the world?"
Sister Yun sighed and said slowly: "Jiang Bai, I know this is quite troublesome, but I can only ask you for help now."
"Anqi is my good sister, and I can't watch her be bullied like this."
"Look, can you think of a solution..."
Jiang Bai's eyebrows frowned into the character "chuan" and fell into deep thought.
It seems that the other party still knows some methods. If you want to put them aside, who would know the rule of "buying and selling does not break the lease"?
It is based on this rule that the other party insisted on the encroachment of real estate as a legal and compliant act.
If you guess correctly, this so-called tenant should have something to do with the original homeowner, or just be a relative, helping to leave a name on the contract. The one who actually lives in the house is probably the old family of the original family.
rely.
Jiang Bai expressed his guess.
Sister Yun said, "You are right. When An Qi went there, she came forward with a stranger. She claimed to have rented a house. Later, she went there again, and the other party simply stopped pretending. The couple and the deadbeat were in the house.
Live in it."
Jiang Bai nodded and said, "Okay, I understand. In this way, I'll go to a professional to consult. I'll notify you in time if there is any news."
"Well, then I'll wait for your news."
"good."
After the call, Jiang Bai immediately went out and headed straight to the elite law firm.
This professional matter still needs to be solved by professionals.
The other party's behavior seemed to comply with the law, but Jiang Bai felt it was unreasonable no matter how he thought about it.
If it is really as the other party said, who dares to buy a second-hand house in the future?
Oh, if you spend your whole life savings, you may have to empty your six wallets. After finally buying a house, the other party said, "Buying and selling will not break the lease." Are you not going to catch it?
There must be loopholes here, but Jiang Bai can't see it. After all, he is not a professional legal practitioner.
But he believed that this loophole would definitely not escape Luo Dazhuo's ignorant eyes.
Half an hour later, Jiang Bai arrived at the elite law firm.
"Tell me, what strange case has you encountered again?" Luo Dazhao casually called Jiang Bai to sit down and asked with interest.
"It's such a Luo Dashi. I have a friend..."
Jiang Bai briefly explained the basic situation of the matter and continued: "Anyway, the other party is now silent and 'buying and selling without losing the lease', and this is used as a reason to refuse to hand over the house."
"Luo Dazhe, although I have never studied law, I always feel that this matter is unreasonable. Please give it to the staff officer."
"Haha, the other party's approach seems legal and compliant, but in fact it is full of loopholes!"
Luo Dazhang smiled and said, "Didn't the other party come up with a lease contract with a lease term of 40 years? There is something wrong with the contract itself!"
"The law stipulates that the lease term of a contract cannot exceed 20 years, whether it is a regular lease or an irregular lease."
"If the lease term exceeds 20 years, the excess part will be invalid."
Jiang Bai frowned slightly: "But even so, I can't accept it for twenty years..."
"Don't worry, if you do this, call your friend first and ask him to send me the introduction of the item he had participated in the auction, and I'll check it out."
"Do you already know it in your mind?"
"Haha, call first."
Luo Dazhao smiled and kept it a secret.
Jiang Bai didn't ask questions and immediately contacted Sister Yun.
Soon, the latter sent the introduction of the lot.
After taking a look, Luo Dazhao squinted his palm and smiled: "It seems that I'm not wrong. This matter does not apply to 'buying and selling without breaking the lease'."
"What do you mean?" Jiang Bai asked hurriedly.
Luo Dazhang took a sip of tea and explained slowly:
"In order to avoid the debtor's use of the rule of "buying and selling without breaking the lease" to evade execution during the execution of real estate, the law has long had provisions."
"Article 190 of the Property Law stipulates that if the mortgaged property has been leased before the conclusion of the mortgage contract, the original lease relationship shall not be affected by the mortgage right. If the mortgaged property is rented after the mortgage right is established, the lease relationship shall not be in opposition to registered
Mortgage right.”
Luo Dazhao pointed to the photos introduced by the items on his mobile phone and continued:
"Look, in this introduction to the lot, there is no mention that the house has been rented. What does this mean? This is enough to show that the rental of a house occurs after the mortgage of the house!"
"And in this case, the mortgage right takes precedence over the lease right."
“In other words, this situation does not apply to the rule of ‘buying and selling does not break the lease’!”
After hearing Luo Dazhang's introduction, Jiang Bai's eyes lit up.
"Since the rules of buying and selling do not break the lease are not applicable, can we get the house back through legal means?"
After hearing Jiang Bai's words, Luo Dazhao smiled and shook his head: "The law will definitely support it, but the specific implementation will probably not go smoothly. Don't underestimate the deadbeat's face, and don't underestimate the shamelessness of the deadbeat."
In cases like this, filing a lawsuit is almost a must-win, and the court will definitely sentence the other party to return the property.
But how to judge the law is one thing, but actual execution is another thing.
The other party has been on the list of dishonest debts because of the huge debts, and has become what people often call deadbeats. Now it is completely like a broken can. Anyway, dead pigs are not afraid of boiling water.
Even if the court ruled it, they would most likely not leave.
When grassroots staff enforce the enforcement, they will also encounter various difficult problems.
Even if it is really implemented, the other party may come to the door for various troubles in the future, which is enough to make your life uneasy.
So, even if this matter does not apply to "buying and selling without breaking lease", it is not so easy to solve.
There are two main problems before us.
One is difficult to execute, and the other is that you may face endless troubles after execution.
There is a saying that people are shameless and invincible in the world.
If you really encounter such a shameless deadbeat, ordinary people really have no good idea.
Jiang Bai took a deep breath and said in a deep voice: "Luo Dazhe, you must have a solution, right?"
"As it said, the best way to solve the problem is to solve the person who asked the problem!"
Luo Dazhao narrowed his eyes slightly and said lightly: "Don't you think the behavior of this family seems familiar?"
"The other party stays in the house and doesn't leave, so he will definitely have no place to live. Let's be kind and help them solve this housing problem."
Jiang Bai immediately smiled knowingly.
It seems that some very torture stories are about to happen again.
"Luo Dazhe, tell me, how do you do it in detail."
"I still have to go to the court to file a lawsuit first, this is the first step..."
Luo Dazhao told the story, while Jiang Bai nodded his head, and his smile became deeper and deeper.
...
Tianshui Xiangquan.
After returning from the elite law firm, Jiang Bai called Sister Yun: "Sister Yun, you asked your friend to go to the court to sue directly. As for the rule of 'buying and selling does not break the lease', it is actually not applicable..."
Jiang Bai explained the relevant legal provisions.
After hearing this, Sister Yun nodded and said, "So that's the case, OK, I understand. But I think... Judging from the shameless face of that family, prosecution is probably useless, and they will definitely not move.
.”
It is not difficult to win the lawsuit, but the difficult thing is how to really get the house back.
"It's okay, just let your friend sue it. It's fine if the other party moves away honestly. If they still refuse to move, then send them to a good place for free food and accommodation and work and schedule.
”
Upon hearing this, Sister Yun was stunned at first, and then she realized.
"You mean, can you send all this family in?"
Jiang Bai smiled and said, "Whether it can be sent in depends on their own choice."
"Okay, I'll tell Angel the news."
Sister Yun knew Jiang Bai very well and trusted him very much. She immediately called her good friend Fu Anqi to explain the situation.
Just like what she thought, after hearing the lawsuit, Fu Anqi said bitterly: "Yun'er, you didn't see the shameless face of that family, they are shameless! The lawsuit is useful to ordinary people,
This family…”
Sister Yun smiled and said, "Don't worry, Anqi, don't forget what Jiang Bai does. This lawsuit is just the first step. If the other party is not honest, there will be a trick."
"Yes, why did I forget this!"
Fu Anqi's eyes lit up.
She is also a fan of Jiang Bai, so she naturally knows his style of doing things.
"Yoner, please tell me a little more. Is Jiang Bai able to send the deadbeat couple in?"
Sister Yun said, "Don't reveal the secrets. You can do whatever you want anyway. By the way, I've had nothing to do recently. Please wait for me and I'll go and accompany you."
"Wuwuwu, Yoona, you are so nice. If I were a man, I would definitely marry you home." Fu Anqi was very moved.
"Wait for me, please wash yourself."
"Yeah."
...
Yecheng is a prefecture-level city, only a few dozen kilometers away from the East China Sea. It can be regarded as a good place to benefit from the water and its economic development is quite good.
Especially in the past decade, high-rise buildings have been built on the ground, and the economy has developed rapidly. Naturally, housing prices have risen.
This year, the average price of pre-sale housing in Yecheng is about 15,000 yuan.
Sister Yun’s friend Fu Anqi was developing in Yecheng, with a salary of 15,000 after tax. This salary level may not be anything in a place like Donghai, but it is definitely good in Yecheng.
But even so, it is not easy to buy a house, even if there are subsidies from parents.
By chance, Fu Anqi came into contact with the foreclosure house and became interested.
As a result, she really found a leak.
A 130 square meters foreclosure house located in Bishui Garden has a market appraisal price of 2 million yuan. Fu Anqi bought it for only 1.2 million yuan, which is equivalent to a 60% discount on the appraisal price.
Save about 800,000!
In recent years, new policies have been introduced that you can apply for a loan mortgage when purchasing a foreclosed house. That is to say, you only need to collect the down payment and repay the mortgage monthly, and you can buy a 130-square-meter house at a huge discount of 60% off.
.
This is a great thing.
Fu Anqi was quite excited at first.
result……
The cruel reality told her that there is no good thing about filling cakes falling from the sky. Even if the filling cakes really fall, it is likely to be poisonous.
Look, I bought the house at a low price, but the problem is that I can’t live in it.
House 4, Building 4, Unit 404, Bishui Garden.
"No, haven't I told you all, our house has been rented out for a long time. We have been renting it for forty years. Do you understand if you don't lose the transaction or rent it out?"
"Okay, okay, don't talk nonsense to me."
"Aren't you going to sue? You will sue wherever you fall in love. It's up to you to be able to do so. I don't know who to scare you out of the court."
A middle-aged woman in a floral shirt and about forty years old roared at her cell phone like a cannon.
Then hang up the phone and threw the phone on the sofa.
"Is that girl named Fu again?"
Gao Donglin, who was over 40 years old, sat on the other side, with a set of solid wood tea sets in front of him, asking casually while making tea.
The middle-aged woman is his wife, named Liu Jia.
These two people are deadbeats who stay in the house and don’t leave.
Liu Jia hugged her arms and leaned back to the back of the sofa, and said with a lip, "Yes, I'm so annoying. I either come to the door to make trouble or keep calling."
"Do you know what she said to me just now? She said that if we don't move, we will go to court to sue us."
"I laughed on the spot and went to court... I was so scared to think that I was so scared."
Liu Jia rolled her eyes almost to the sky, and she didn't take Fu Anqi's words to heart at all.
Anyway, they are on the list of dishonest persons, and are restricted from spending too much, and become deadbeats. What are you afraid of?
"hehe……"
Gao Donglin smiled and said lightly: "Let her sue her. Anyway, we have a lease contract in hand, so we won't be afraid even if we go to court."
"The little girl just lacks social experience, so it's good to spend money to learn a lesson."
Liu Jia immediately stared at Gao Donglin alertly, "I said Gao Donglin, you are a girl on the left and a girl on the right. Don't you fall in love with that fox charming boy?"
"Look at what you said, I can't even satisfy you. I, even if I want to steal a fish, I'm powerless." Gao Donglin said helplessly.
"A slap, an unused old man."
Liu Jia glanced at him with contempt and no longer worried about this issue.
...
On the other side.
After the telephone communication was fruitless, Fu Anqi, accompanied by Sister Yun, walked into a law firm in Yecheng.