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alondon

Landlord Wants to Break Lease

Question

I have lived in my apartment almost 3 months.  At 5:30am last week someone started banging on my apartment door - and continued for over 3 hours. It turns out that my landlord was divorced and the wife now owns the property.  There is also an agent involved (she actually leased the unit from the ex-husband so in theory she should be getting the rent) and all the parties are fighting over who gets my rent.  The police are now involved but since I don't speak nor understand Chinese, I'm not sure exactly what is going on with that. I was informed yesterday that the wife (who now owns the property) wants me to move out. However, she is not willing to reimburse me for any of the expenses I put into the apartment (replaced/repaired some of the plumbing, hired someone to clean up the bug-infested kitchen, dry cleaning of blankets left behind that were filthy and stunk, etc.). She is also not willing to pay my agent fee although I will obviously have to pay one for a new apartment.

What rights do I have?  Can she just break the lease? And, if so, how much notice is she required to give me?

Thanks in advance for any assistance or direction anyone can offer.

 

 

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10 answers to this question

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1 minute ago, Morris said:

hey, im not trying to be rude here or anything, but how long have you lived in china? if you aint chinese you aint gonna win, dont waste your time or money.   ......honestly man dont give shit advice like this either, telling this poor bastard to fight it is just wrong, you know goddamned well he aint got a snowballs chance in hell of winning anything in a chinese court, or are you new to china and just dont know anything yet also?

haha, not trying to be rude? You're entire post is covered with assumptions and your advice is trash. Not only have I lived here for many years but I own large company here. So shhh, let the adults speak. 

Just because you are a massive failure here doesn't mean everyone else is going to fail just as bad. This isn't a battle to fight, the original poster doesn't have anything to fight. They hold a legal document that says they don't have to leave for 1 year. It's really that simple. Haohao wei also showed them contract law. So the real question is why exactly are you giving them advice that is meant to screw themselves over?

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On 2017/8/7 at 11:58 AM, alondon said:

I have lived in my apartment almost 3 months.  At 5:30am last week someone started banging on my apartment door - and continued for over 3 hours. It turns out that my landlord was divorced and the wife now owns the property.  There is also an agent involved (she actually leased the unit from the ex-husband so in theory she should be getting the rent) and all the parties are fighting over who gets my rent.  The police are now involved but since I don't speak nor understand Chinese, I'm not sure exactly what is going on with that. I was informed yesterday that the wife (who now owns the property) wants me to move out. However, she is not willing to reimburse me for any of the expenses I put into the apartment (replaced/repaired some of the plumbing, hired someone to clean up the bug-infested kitchen, dry cleaning of blankets left behind that were filthy and stunk, etc.). She is also not willing to pay my agent fee although I will obviously have to pay one for a new apartment.

What rights do I have?  Can she just break the lease? And, if so, how much notice is she required to give me?

Thanks in advance for any assistance or direction anyone can offer.

 

 

according to Contract Law of PRC, article 229 "Provided that the title of property is changed during the leasing contract, the validity of the Leasing Contract shall not be changed". So it means she cannot break the contract between you and her husband until your contract ends. Furthermore, since they're divorced, the title of the property shall be changed by registration. If the wife didn't register the change of property. It means the property is still owned to the husband. Anyway, you have the right to rent until the contract ends. And the wife shall ask for compensation from her husband.

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Wasting your time pursuing any and all of the issues you mention REGARDLESS of what Hao Hao says. Get out and find another and forget the small losses because you'll be hounded pushed and you'll be out anyway. that's the reality of what they do. If you resist, she'll get some Mafia friends to get rid of you. - i assure you. 

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On 8/7/2017 at 11:58 AM, alondon said:

I have lived in my apartment almost 3 months.  At 5:30am last week someone started banging on my apartment door - and continued for over 3 hours. It turns out that my landlord was divorced and the wife now owns the property.  There is also an agent involved (she actually leased the unit from the ex-husband so in theory she should be getting the rent) and all the parties are fighting over who gets my rent.  The police are now involved but since I don't speak nor understand Chinese, I'm not sure exactly what is going on with that. I was informed yesterday that the wife (who now owns the property) wants me to move out. However, she is not willing to reimburse me for any of the expenses I put into the apartment (replaced/repaired some of the plumbing, hired someone to clean up the bug-infested kitchen, dry cleaning of blankets left behind that were filthy and stunk, etc.). She is also not willing to pay my agent fee although I will obviously have to pay one for a new apartment.

What rights do I have?  Can she just break the lease? And, if so, how much notice is she required to give me?

Thanks in advance for any assistance or direction anyone can offer.

 

 

Sucks to hear about your a$$hole landlord. It’s best to just move on and cut your losses as others have suggested.

 

Ultimate PAYBACK: Go to a pet store and purchase a bunch of crickets and cockroaches (They’re sold as pet food). Release them go before you return the keys to the owner:creepy:

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I don't see why people are telling you to back down. You don't have to move, nor can she legally make you. Now, if you think you are going to get reimbursed for your expenses, thats not going to happen. But you can come to an agreement that says you are willing to move if she gives you back your security payment and pays your realtor fee, but again that is YOUR choice. 

If she legally owns the apartment, you can be nice and just pay rent directly to her, but keep in mind you don't need to uproot your life because of their drama. 

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On 2017/8/15 at 3:26 PM, BluePasta said:

haha, not trying to be rude? You're entire post is covered with assumptions and your advice is trash. Not only have I lived here for many years but I own large company here. So shhh, let the adults speak. 

Just because you are a massive failure here doesn't mean everyone else is going to fail just as bad. This isn't a battle to fight, the original poster doesn't have anything to fight. They hold a legal document that says they don't have to leave for 1 year. It's really that simple. Haohao wei also showed them contract law. So the real question is why exactly are you giving them advice that is meant to screw themselves over?

Agree, don't know why people here all give pessimistic advices, but agree with what you said. Alondon has rights and he/she can choose to move out with compensation or continue to live in the room. Why people here advise he/she move out without any compensation and all pessimistic opinions about the China. The post they made was of trash words without any effective advice.

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Thank you to everyone for your practical and honest responses! I understand the realities but was hoping to understand the legalities and my rights before going into the meeting. In case you wondered about the outcome...

The wife has paperwork proving her ownership and with advice from her lawyer (who was also in the meeting), she decided not to ask me to move out. The former agent is still trying to get her money (and the contents which she purchased) but the attorney has taken over all discussions and has advised me (witnessed by the police) to simply enjoy living where I am, pay my rent on time - to the legal owner- and not to worry about anything else. So ... happy ending! For now ... :)

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3 hours ago, alondon said:

Thank you to everyone for your practical and honest responses! I understand the realities but was hoping to understand the legalities and my rights before going into the meeting. In case you wondered about the outcome...

The wife has paperwork proving her ownership and with advice from her lawyer (who was also in the meeting), she decided not to ask me to move out. The former agent is still trying to get her money (and the contents which she purchased) but the attorney has taken over all discussions and has advised me (witnessed by the police) to simply enjoy living where I am, pay my rent on time - to the legal owner- and not to worry about anything else. So ... happy ending! For now ... :)

Good to hear!

:Looks like some people here were wrong.....

(and, FTR, I didn't post cos I had no idea how things would stand... this ain't my country, ain't my laws!)

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15 hours ago, alondon said:

Thank you to everyone for your practical and honest responses! I understand the realities but was hoping to understand the legalities and my rights before going into the meeting. In case you wondered about the outcome...

The wife has paperwork proving her ownership and with advice from her lawyer (who was also in the meeting), she decided not to ask me to move out. The former agent is still trying to get her money (and the contents which she purchased) but the attorney has taken over all discussions and has advised me (witnessed by the police) to simply enjoy living where I am, pay my rent on time - to the legal owner- and not to worry about anything else. So ... happy ending! For now ... :)

That is awesome news! I was actually going to ask you if you needed help I'd go with you. But glad you took care of it. And I bet she didn't ask you to move out because her lawyer told her they couldn't make you move. 

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Great result for you!  Good thing you didn't immediately cave in and split. 

Also, thanks Hao Hao for weighing in with legal knowledge!

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