Job Recruitment Website - Property management - Does the property company rent the roof without authorization constitute infringement on the owners?
Does the property company rent the roof without authorization constitute infringement on the owners?
Shortly thereafter, Company A entered into a lease agreement with Telecom Company B (hereinafter referred to as Company B). According to the agreement, Company A rents the roof of the residential building it manages to Company B for the erection of telecommunication equipment, and Company B pays the rent to Company A on an annual basis, and the rent is 50,000 yuan per year. Soon, the residents of the community felt unwell, with symptoms such as headache, dizziness, nausea and insomnia. After investigation, the owner found that telecommunications equipment was installed on the roof, which was caused by radio wave radiation. The owners immediately sued Company A and Company B to the court, claiming that Company A was only responsible for the property management of the community and had no right to lease the roof to Company B ... Building telecommunication equipment on the roof also brought harm to the health of community residents. Therefore, request Company B to dismantle the erected telecommunication equipment; Company A and Company B shall be jointly and severally liable for the owner's losses. In the face of litigation, Company A argued that renting the roof to Company B to set up telecommunication equipment not only did not cause any loss to the owner, but also made the owner pay less property management fees. It is unreasonable for the owner to claim compensation liability. Company B, on the other hand, argued that our company didn't know that Company A had no right to rent the roof, and it was a bona fide third party and should be protected by law. [Legal analysis] (1) Company A has no right to rent the roof directly. The property management contract belongs to the service contract, and Company A cannot obtain the right to dispose of the top floor of the residential building without special agreement in the contract. The top floor of the building belongs to the * * * part of the building, and all owners have rights to it. Company A has no right to rent the top floor of the building without the prior consent of the owner and the subsequent ratification by the owner. (2) Company B's right to use the roof should not be protected by law. Company B claimed in the lawsuit that it did not know that Company A had no right to rent the top floor of the building, so it was a bona fide third party. This excuse doesn't hold water. The reason is that the subject matter acquired in good faith is limited to the real right of movable property, and the real right of immovable property is not applicable to the acquisition in good faith. The top floor of the building belongs to real estate and cannot be acquired in good faith. The top floor of the building belongs to the * * * part, which is one of the components of the building and belongs to the object. The accessory cannot be transferred separately from the main object, nor can it be obtained in good faith. (3) Company B shall be liable for personal injury of the owner. The health damage of residents in residential areas is caused by radio wave radiation emitted by telecommunication equipment, and Company B shall be responsible for eliminating the damage and compensating for the losses. Company A rented the roof to Company B without permission, which together with Company B caused damage to the owner's health. Infringement that belongs to * * * shall be jointly and severally liable. After judicial appraisal by the court, the results show that the symptoms of residents in this community are caused by radio wave radiation of telecom equipment set up by company B.
- Previous article:Did Banzhou Pharmaceutical go out of business?
- Next article:How about Beijing Aixin Property Service Co., Ltd.?
- Related articles
- What is the qualification of the security company?
- Which company is the developer of Yuxi Yuntong Times Window?
- Where is the address of Zhenjiang Wandu Boli?
- How does China Construction Bank Longka shop online?
- What is the telephone number of Chengdu Helen Impression Sales Office?
- What is the telephone number of Yantai Daxie Marketing Center?
- Are Yi Lianxuan and Style a community?
- What are the job requirements of fire management personnel?
- Contents that need to be publicized in the property.
- About Yantai Zhenhua Commercial Building