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Is it legal to keep tenants out of the community?
It is illegal to prevent tenants from entering the community because of the epidemic. The National Health and Wellness Committee issued AnnouncementNo. 12 in 2008 1 2020120 October, confirming that pneumonia in novel coronavirus belongs to "Class B infectious disease" and taking preventive measures against Class A infectious disease. According to the provisions of China's Law on the Prevention and Control of Infectious Diseases, local people's governments at or above the county level can implement isolation measures for people in places where Class A infectious diseases have occurred or in specific areas of the places, and report to the people's government at the next higher level; The people's government at a higher level that receives the report shall immediately make a decision on approval or disapproval. If the people's government at a higher level makes a decision not to approve, the people's government that implements the isolation measures shall immediately lift the isolation measures. When infectious diseases break out and are prevalent, the local people's governments at or above the county level shall immediately organize forces to implement prevention and control according to the prevention and control plan and cut off the transmission route of infectious diseases. During the period of epidemic prevention and control, community neighborhood committees and village committees have the right to assist in performing their duties, but they have no right to upgrade prevention and control measures without authorization. Owners and lessees who return to work normally in other places have the right to use the houses they have purchased and rented. The decisions of community neighborhood committees and village committees should not deprive them of their legal rights, nor have the right to prevent returnees from entering residential areas. For residential property companies, there is a property service contract between the property company and the owner and lessee. The right of a property company in property management is mainly to formulate residential management measures according to relevant laws and regulations and the actual situation; According to the property management contract and management measures, there is no relevant laws and regulations to give property companies the right to upgrade their own prevention and control measures. Therefore, at this stage, there are no relevant laws and regulations to support property companies, neighborhood committees and village committees to upgrade prevention and control measures without authorization and deprive all foreign tenants of their basic rights. Under the specific epidemic situation, in order to protect people's property safety, all localities have issued corresponding policies to prevent the spread of the epidemic, which we should respect and actively cooperate with, but not across the board. The lessee's right to lease should be protected by law as well as the owner's right.
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