The female landlord from Changsha almost vomited when she entered! And also discovered, Female tenants born in the 2000s who owe rent refunds, Ms. Liu | Ms. Li | landlord
Recently, Ms. Li, a resident of Changsha, sought help from a reporter from Chenyi Help through the "Headlines Help" Changsha channel on Today's Headlines. She stated that she is a landlord and signed a rental agreement with a female tenant born in 2000, Xiao Liu, in April of this year, with a lease term of one year. On June 27th, Ms. Li asked Xiaoliusuo for the one month overdue rent and learned that Xiaoliu had moved out for more than 10 days.
Ms. Li rushed to the room and was stunned by the sight before her when she opened the door: a thin and weak kitten kept barking, and the room was littered with garbage.
Ms. Li said, "I felt unwell on the spot, and I hope that Chen Video and Chen Yi can help reporters expose her actions for me. I don't even want the rent she owes me!"
Chenyi helped the reporter try to contact Xiaoliu. As of the time of writing, Xiaoliu's phone has been turned off. Lawyers believe that in similar situations, landlords can claim cleaning fees, liquidated damages, and other expenses from tenants.
The landlord requested rent but was informed by the tenant that they had moved out for several days,
Not even the key was delivered
On April 9, 2023, Ms. Li, a resident of Changsha, signed a lease agreement with Ms. Liu, a female tenant born in 2000. Both parties agree in the agreement that the lease term is 1 year and the deposit is 1750 yuan.
At the end of June, Ms. Li approached Xiao Liu for May's rent, but Xiao Liu stated that something had happened to her family and she had already moved out of Changsha in mid June. Xiao Liu also said, "I don't want the deposit anymore, I'm sorry. Could you please ask Auntie to clean it up?"
Regarding Xiao Liu's reply, Ms. Li was very angry and said, "Yesterday I saw your social circle and you said you were playing mahjong in Changsha. You delayed paying rent for a month, which is equivalent to deducting the deposit! You have been moving away for half a month now, and now you are speaking up. I thought you had difficulty playing mahjong and didn't rush to ask for money from you, but you moved away and didn't even give me the key?"
On June 29th, due to concerns about potential conflicts between the two parties, Ms. Li brought her locksmith and police officers to the rented house. As soon as the locksmith opened the door, Ms. Li was startled by a cat's meow. She came to her senses and found a little cat in the room. The kitten looks very thin and weak, with a look of malnutrition at first glance. Besides, the room was filled with a disgusting smell, and garbage was scattered everywhere. Ms. Li immediately questioned Xiao Liu, who said, "It's not my cat, I've never abandoned my cat."
The kitten has been taken to the nearest pet hospital
Ms. Li was very dissatisfied with this and said, "It's not your cat. Why is it in the house? In order to handle the house, I didn't even go to class."
Journalist's on-site visit:
The room was in a mess, and the air was filled with a foul odor
On June 30th, Chenyi helped the reporter come to the rental room. As soon as I entered the door, the reporter felt nauseous due to the foul smell emanating from the room. The reporter found that there was hardly any clean place in the room. The living room was littered with garbage, the cat litter was not cleaned, and there was no place to sit on the sofa because it was all garbage. On the table in the corner of the living room, there is still an unknown amount of food that has gone moldy.
The reporter arrived at the bedroom. In addition to a sock and a pile of miscellaneous items, there is also an ashtray full of cigarette butts on the bed. The trash can in the toilet is piled up with garbage. The corridor has become a heavily affected area with a foul odor, not only filled with boxes of spoiled takeout, but also uncleaned tableware.
Ms. Li couldn't help roast: "How did she live in this environment for one month?"
Chenyi helped the reporter try to contact Xiaoliu, but the other party's phone remained in a shutdown state. Ms. Li said, "I don't even want the money she owes me. I hope her behavior will be exposed!"
Lawyer:
The landlord can claim compensation for breach of contract from the tenant
What compensation can Ms. Li, the lessor, claim from Xiaoliu, the lessee in this incident? What are the shortcomings of Xiao Liu's approach? Chen Yi helped the reporter consult with Lawyer Liu Yan, member and deputy director of the Management Committee of Hunan United Entrepreneurship Law Firm.
Lawyer Liu Yan stated that according to Article 711 and 566 of the Civil Code of the People's Republic of China, if the lessee fails to use the leased property in the agreed manner or according to its nature, resulting in losses to the leased property, the lessor may terminate the contract and request compensation for the losses. After the termination of the contract, if it has not been fulfilled yet, the performance shall be terminated; If it has already been fulfilled, depending on the performance and the nature of the contract, the parties may request restoration of the original state or take other remedial measures, and have the right to request compensation for losses. If the contract is terminated due to breach of contract, the person with the right to terminate may request the defaulting party to bear the liability for breach of contract.
Liu Yan said, "In this termination event, the lessee Xiao Liu first failed to pay the rent, then unilaterally terminated the contract as the lessee in advance, and finally damaged the leased property without proper handover, all of which are malicious breach of contract behaviors. Ms. Li, the lessor, can deduct the contract performance guarantee deposit in accordance with the law and claim compensation for breach of contract from Xiao Liu. If the agreed penalty, deposit, or security deposit is insufficient to compensate for the losses, Ms. Li, the lessor, can also demand that the breaching lessee bear the actual losses incurred due to this breach of contract, such as room cleaning fees, unlocking fees, and other repair losses. If the agreed penalty is too high, the court will generally lower it based on the standard of 1.3 times the actual losses when filing a lawsuit."
Liu Yan stated that if the tenant Xiao Liu abandons her pet cat in a closed rental room for two weeks, her behavior, although not illegal, should be morally condemned.