Can the store demolition be compensated from the second landlord? How to compensate?

First of all, the relevant laws stipulate that the compensation for demolition can be monetary compensation or house property right exchange. Unless otherwise specified, the person to be demolished may choose the compensation method for demolition. The amount of monetary compensation is determined according to the location, use, construction area and other factors of the house to be demolished, and is determined by the evaluation price of the real estate market.

Legal analysis

Demolition should be in accordance with the provisions of the demolition compensation. Demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated; The demolition of temporary buildings that have not exceeded the approved period shall be given appropriate compensation. Demolition compensation can be monetary compensation, but also the exchange of housing property rights. The amount of monetary compensation is determined according to the location, use, construction area and other factors of the house to be demolished, and is determined by the evaluation price of the real estate market. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The implementation of housing property rights exchange, the demolition and demolition should be in accordance with other regulations, calculate the amount of compensation for the demolition of housing and the price of housing exchange, and settle the price difference of property rights exchange. Demolition of attachments to non-public housing, no property rights exchange, monetary compensation by the demolition. Demolition of public housing, the demolition should be rebuilt in accordance with the provisions of relevant laws and regulations and the requirements of urban planning, or give monetary compensation. Demolition of rental housing, the demolition of housing tenants to terminate the lease relationship, or the demolition of housing tenants for resettlement, demolition compensation. If the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person. If the house with property right exchange is leased by the original house lessee, the person to be demolished shall re-conclude a house lease contract with the original house lessee. Demolition should provide houses that meet the national quality and safety standards for demolition and resettlement.

legal ground

Article 243rd of the Civil Code of People's Republic of China (PRC) * * * In order to meet the needs of public interests, collectively owned land, houses of organizations and individuals and other immovable property may be expropriated in accordance with the authority and procedures prescribed by law. Expropriation of collectively owned land shall pay land compensation fees, resettlement subsidies and compensation fees for rural villagers' houses, other ground attachments and young crops in full and on time according to law, and arrange social security fees for landless farmers to ensure their livelihood and safeguard their legitimate rights and interests. Expropriation of houses and other immovable property of organizations and individuals shall be compensated according to law to safeguard the legitimate rights and interests of the expropriated person; Expropriation of individual houses should also guarantee the living conditions of the expropriated person. No organization or individual may embezzle, misappropriate, privately divide, withhold or default in collecting compensation fees.