Can the landlord who can't get the rent from the intermediary run away and drive away the tenant?

The landlord rents the house to an intermediary company, which pays the rent every month. Then, the intermediary company sublets the house to the lessee at a low price, collects the lessee's rent for more than one year at a time, and then absconds with the money. The landlord who can't collect the rent forces the tenant to leave the rented house. After paying the rent for more than a year, but unable to move in, the angry tenant took the landlord to court. Recently, the Tianxin District People's Court and the Changsha Intermediate People's Court of Hunan Province ruled that the lessor should compensate the lessee for the rent and interest paid in advance.

The middleman escaped and the landlord kicked the tenant out.

He Qiaoling (pseudonym) is from Shaoyang, Hunan. A few years ago, she bought a house in Zhutang West Road, Tianxin District, Changsha. Unable to contact for the time being, she authorized her daughter Liu Xuemei (pseudonym) to sign a house lease contract with Changsha Yiju Mingshe Technology Co., Ltd. (hereinafter referred to as Yiju Mingshe Company) on May 5438+05, 2020, stipulating that He Qiaoling would rent the house under her name to Yiju Mingshe Company at a monthly rent of 1700 yuan, and He Qiaoling authorized Yiju to operate her house, including but not limited to signing a house lease contract. According to the contract, Yiju will pay the rent on a monthly basis. On the signing day, E-House paid the rent of 1.700 yuan and the house deposit of 1.700 yuan, totaling 3,400 yuan.

On 2 1 of the same month, he qiaoling issued a power of attorney, entrusting yiju with full authority to handle the house. The agency authority includes but is not limited to decoration, signing a house lease contract with the lessee, and collecting house rent on behalf of the lessee. The entrustment period is more than 3 years, from May 24, 2020 to September 7, 2023.

Xiao Siyuan (a pseudonym), a 23-year-old from Chenzhou, Hunan Province, was eager to rent a house when he first started working in Changsha. He took a fancy to a lot of rental information of He Qiaoling's family.

When Xiao Siyuan negotiated the rent with Yiju, the staff of Yiju said that the monthly rent may be slightly lower than the market price, but it must be paid in one lump sum for more than one year. After some bargaining, both parties finally set the monthly rent as 1 150 yuan. After price comparison, the price is much lower than the rent in the same area, so Xiao Siyuan promised to pay the rent of 13 months in one lump sum.

On May 25th, 2020, Yiju signed a house lease contract with Xiao Siyuan, stipulating that the owners of the house were He Qiaoling and Liu Xuemei. Yiju leased the house to Xiao Siyuan from May 28, 2020 to August 27, 20021,with a monthly lease term of RMB1/50 yuan. If Xiao Siyuan fails to pay the rent as agreed, changes the use of the house without authorization, sublets or decorates the house, Yiju has the right to unilaterally terminate the contract. After signing the contract, Xiao Siyuan paid a deposit of 1 0,000 yuan and a monthly rent of 1 4,950 yuan, totaling 1 5,950 yuan. Subsequently, Xiao Siyuan, who got the house key, moved into the house.

On June 24th, 2020, Yiju paid the rent as agreed, but Liu Xuemei did not receive the rent. In the next few days, Liu Xuemei contacted Yi Ju by phone, but she couldn't get in touch. When Liu Xuemei came to Yiju, she found that the company was empty.

"The intermediary ran away. Fortunately, the house is still there. Since I have not received the rent, I will take back the house. " Liu Xuemei then went to the rented house, explained the situation to Xiao Siyuan, and asked Xiao Siyuan to vacate the house. Xiao Siyuan took out the lease contract and told Liu Xuemei that he had sex at one time 13 months and refused to move out of the house.

In the following period of time, Liu Xuemei cut off the power supply and issued a compulsory demolition agreement, requiring Xiao Siyuan to move out of the rented house within one week. Subsequently, the two parties recovered losses from Yiju through legal procedures. Finally, Xiao Siyuan had to move out of the house on September 2, 2020.

Who should be responsible for the dispute when resorting to law?

The landlord explicitly authorized the intermediary to look at the house. He paid 13 months' rent to the intermediary, and was driven out of the house by the landlord less than 4 months after he moved in. Xiao Siyuan became more and more angry. 202165438+1October 4th, a petition brought He Qiaoling and Liu Xuemei to court, asking the court to order the two defendants to compensate them for their lost rent 10925 yuan.

Changsha Tianxin District People's Court heard the case. Defendants He Qiaoling and Liu Xuemei argued that they only received 1700 yuan rent and 1700 yuan deposit every month, totaling 3,400 yuan. Without paying the rent again, they automatically terminated the contract with Yiju on August 23, 2020; In addition, after many consultations with Xiao Siyuan, he failed to ask Yi Ju to pay the unpaid rent, and the sublease contract between Yi Ju and Xiao Siyuan should be terminated. As owners of houses, they have the right to take back their houses; For Xiao Siyuan's loss, He Qiaoling and Liu Xuemei think it should be borne by Yi Ju.

Regarding the second focus of dispute, the plaintiff Xiao Siyuan paid 13 months' rent in one lump sum according to the house lease contract, and has fulfilled the contractual obligation of paying all the rent. Defendant He Qiaoling unilaterally asked plaintiff Xiao Siyuan to vacate the house, which was the reason for unilaterally canceling the contract, not the reason for unilaterally canceling the contract by Yiju as stipulated in the house lease contract. Therefore, the defendant He Qiaoling is liable for civil compensation for the plaintiff Xiao Siyuan's payment of rent 10925 yuan and prepaid interest.

Xiao Siyuan, the plaintiff, claimed that Liu Xuemei, the defendant, should be jointly and severally liable for compensation. According to the provisions of Article 162 of the General Principles of Civil Law, the civil legal acts made by the agent in the name of the client within the scope of agency authority are valid for the client. As defendant Liu Xuemei is the agent of defendant He Qiaoling, the above liability for compensation shall be borne by defendant He Qiaoling.

The court also held that the defendant, He Qiaoling, could claim another right from Yi Ju after assuming the responsibility of this case.

On this basis, the Tianxin District People's Court of Changsha made a judgment of first instance: the defendant He Qiaoling compensated the plaintiff Xiao Siyuan for the rent and interest paid in advance 10925 yuan.

He Qiaoling refused to accept the judgment of the first instance and appealed to Changsha Intermediate People's Court. A few days ago, Changsha Intermediate People's Court upheld the original judgment.