Core Tips In recent months, the owners of the Luoyang Kangcheng McLaren Expo Home Plaza store have been troubled by the lack of rent. The owner who did not get the rent and wanted to take back the shop, but was refused by the security guards of the mall. "The shop that I bought, I can't do it myself. You said this should be done?" the owners said with distress. Recently, Dahe Daily reporters investigated the matter.
[telling]
The medical center changed into a home store, and the operator changed three times.
On the morning of January 29, many shop owners reported to Dahe Daily that in 2005, they purchased the “Zhongyuan Kangcheng†commercial real estate developed by Luoyang Kangdu Real Estate Co., Ltd., a subsidiary of Luoyang Zhongyuan Kangcheng Industrial Group. . The “Central Plains Kangcheng†commercial building is divided into four floors, and the space in each floor is divided into 400 to 500 small shops.
After the handover in 2007, the staff of Luoyang Kangdu Real Estate Co., Ltd. found the owners. The “Central Plains Kangcheng†project is mainly for the pharmaceutical display and trading center. Luoyang Zhongyuan Kangcheng Pharmaceutical Co., Ltd. will be responsible for the operation of the pharmaceutical display and trading center, and Luoyang Zhongyuan Kangcheng Pharmaceutical Co., Ltd. is one of the subsidiaries of Luoyang Zhongyuan Kangcheng Industrial Group. It has strong strength and avoids the distress of the owners for renting. The owners can rent at home.
“This way has also been recognized by us.†The owners introduced that Luoyang Zhongyuan Kangcheng Pharmaceutical Co., Ltd. and Luoyang Kangdu Real Estate Co., Ltd. signed a tripartite agreement with the owners one by one, and the owners’ original Some small shops have all been opened up and changed to large-scale stores.
Around 2010, Luoyang Zhongyuan Kangcheng Pharmaceutical Co., Ltd. withdrew and the medical display trading center closed. Luoyang Zhongyuan Kangcheng Industrial Group cooperated with Red Star Meikailong to change the original store to Luoyang Red Star Meikailong Expo Home Plaza, which mainly deals with home building materials projects. In October 2015, Red Star Macalline and Luoyang Zhongyuan Kangcheng Industrial Group once again lifted cooperation. In November, Luoyang Red Star Meikailong Expo Home Plaza was renamed as “Luoyang Kangcheng McLaren Expo Home Plazaâ€.
“There was no replacement of the new agreement and it was carried out in accordance with the original agreement. The operator will return the rent to us every quarter,†the owner said.
ã€reflect】
Thousands of owners have been in arrears with rent, the total amount is over 10 million yuan
According to the owners, since the first quarter of 2015, operators have begun to default on rents. "Now don't give it."
The owner's representative Li Li (a pseudonym) told Dahe Daily that the shop he bought was about 36 square meters, the rent after tax was about 970 yuan/month, and the rent was owed for 9 months. The purchase of the “Central Plains Kangcheng†shop has more than 1,000 owners, the minimum of three months of rent arrears, and the most arrears of one year rent. “We roughly estimated that the total amount has been estimated to exceed 10 million yuan. â€
Since January of this year, hundreds of owners have repeatedly visited the Luoyang Kangcheng McLaren Expo Home Plaza to ask for rents that are in arrears. “The rent is not given, hundreds of owners decided not to hand over their shops to the other side of the management, but we were rejected by the store security,†the owner said.
In addition, according to the owner, Luoyang Kangcheng McLaren Expo Home Plaza implements the hosting mode, that is, customers purchase home products, the payment is collected by the management personnel, and after deducting the rent, property fees and other expenses quarterly, the merchants who rent the venues Returning the purchase price, "there will be no situation where the tenant does not pay the rent."
ã€protocol】
Party B does not pay the return, Party C is jointly and severally liable
A number of owners' representatives provided the Dahe Daily reporter with the building ownership certificate of their own shops, the state-owned land use right certificate and the “Central Plains Kangcheng Entrusted Operation Management Agreement†signed at the beginning.
The “Central Plains Kangcheng Entrusted Operation Management Agreement†provided by the owner was signed in 2007. The principal (Party A) is the owner himself, the trustee (Party B) is Luoyang Zhongyuan Kangcheng Pharmaceutical Co., Ltd., and the developer (Party) is Luoyang Kangdu Real Estate Co., Ltd.
Article 6 of this contract shows that “the entrusted operation period is from the date the property is deemed to be delivered until December 31, 2017.†The agreement also indicates the amount that Party B should pay specifically each year.
In Article 12, if Party B fails to pay the return to Party A on time for three consecutive months, Party C shall be jointly and severally liable, and Party B shall pay Party A the amount of return payable. In addition, in Article 13 “Liability for breach of contractâ€, “If Party B fails to pay the return amount to Party A on time according to the above-mentioned agreement, then for each day overdue, paying the late payment fee to Party A according to the two-tenths of the unpaid return More than half a year has not been paid, and the late payment fee exceeding this period has increased to three ten thousandths of a day."
ã€lawyer】
Can cancel the contract and recover the house according to law
Lawyer Du Peng of Henan Luotai Law Firm pointed out that according to the agreement, the landlord should claim his own rights and interests to Party B, that is, to ask Luoyang Zhongyuan Kangcheng Pharmaceutical Co., Ltd. to claim their own rent. Arrears of rent means that there is a major contract breach in the contract party that has the obligation to pay the rent, and the other party can claim to terminate the contract, recover the house and claim damages. "Owners can file a lawsuit in court and claim their rights. Party C Luoyang Kangdu Real Estate Co., Ltd. should be jointly and severally liable." In addition, the partition of the house was opened, and the owner could ask the other party to restore the original appearance.
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