Thousands of people were affected, involving hundreds of millions of yuan! The capital chain of a long-term rental apartment company is broken
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- Source: Dongyang Information Network
Summary: Recently, the operation company of the long-term rental apartment "Love Life · Love Apartment" Shanghai 歆 禺 Real Estate Leasing Co., Ltd. (hereinafter referred to as 歆 禺 Lease), due to the tight capital chain, has caused continuous disputes with landlords and caused concern in the industry and abroad.
▲ Tang Jie Photography of Love Apartment Headquarters
On the one hand, the rapid development of long-term rental apartments, on the other hand, it is exposed about the illegal operation, financing difficulties and other industries. Recently, the operation company of the long-term rental apartment "Love Life · Love Apartment" Shanghai 歆 禺 Real Estate Leasing Co., Ltd. (hereinafter referred to as 歆 禺 Lease), due to the tight funding chain, has caused continuous disputes with landlords and caused concern in the industry and abroad.
On April 3, a reporter from the Daily Economic News looked at the economic crime investigation detachment of the Xuhui Branch of the Shanghai Public Security Bureau. A group of original landlords and tenants of the "Love Apartment" were registering relevant information. "The case involves thousands of landlords and tenants, and the amount involved is nearly 100 million. It is currently under investigation." A person familiar with the above case disclosed.
Ms. Fu, who lives in Pudong, Shanghai, told the reporter of the Daily Economic News that she and her "love apartment" "kill each other in love".
"I am a house leasing agent contract signed by Ai Apartment's salesperson and Ai Apartment on May 11, 2017 (Reporter's Note: At that time, the party was the predecessor of Ai Apartment Shanghai Yihuo Network Technology Co., Ltd.), the lease period is 5 Year, the vacancy period was 5 months. At that time, the salesman said that I would complete the decoration on the basis of my original decoration . Afterwards, I found that the living room was divided into a room, and the bed and the wardrobe were uniformly configured. "Ms. Fu said .
After the contract was executed, Ms. Fu now started receiving the rent. However, in January 2018, after the rent collection meeting, she did not receive the rent. After several urgings, "Love Apartment" paid Ms. Fu the rent, but was able to pay the late fee as agreed. In February, "Love Apartment" sent three rope text messages to Ms. Fu in the name of the company, telling them that the rent in February will be paid after normal work after the Spring Festival.
After communication, Ai Apartment issued a "commitment letter" in the name of the company, agreeing to pay the rent and late payment between March 15, 2018 and March 25, 2018. But after the meeting, the apartment was changed again, saying that it only pays the rent owed and does not pay late fees and liquidated damages. In addition, Ms. Fu is required to refrain from raising any objections and liabilities for breach of contract with the company after receiving the rent, and continue to perform the house lease contract signed by both parties.
"After the accident, I love the apartment's attitude." Ms. Fu said, "In the past, you originally paid the rent on March 25 because of the lyrics of your relatives and relatives. You will be guaranteed to see too much in the future. For such questions, I still want to continue to cooperate with your relatives and your lyrics. But for now, I don't trust this company anymore. "
"Daily Economic News" reporter noticed that due to the landlord's check-out, these tenants who are still in the lease contract period not only have to check out, but also have a "rental loan" due to the lease contract. People credit risk.
"Relatives and relatives, you would rather take a deposit, just want to untie the rent loan as soon as possible, for fear that the rent loan will affect people's credit at the time." Ms. Wang (a pseudonym), a tenant, told the reporter of Daily Economic News.
According to a lease contract signed by "Love Apartment" and the tenant, the contract indicates the contract period, the amount of the rent and the obligations to be fulfilled by both parties, but in the column "Legal and Legal Basis of Payment", The customer explained that the payment was in the form of "rental loan".
▲ Tang Jie Photography
Commitment not approved by landlord
After the overdue payment of the rent to the landlord, the 2018 Spring Festival ended, and a letter of commitment signed by the landlord and the landlord wrote: 歆 禺 The lease promises to pay the debt in a lump sum before March 25, 2018 Rent and late payment fees; if 歆 禺 leases and can pay on time, the ownership of the property is automatically withdrawn from the landlord, and the landlord will not bear any liability for breach of contract; the tenants are refunded from the landlord's property by March 31, 2018; 歆禺 All the leased items and decoration belong to the landlord. In this case, if the arrears are settled before the payment is overdue, and the contract is paid within 7 natural days, the contract between the two parties will be automatically terminated. From the date of termination of the contract, the lease's rights in the original contract are terminated, and the landlord Reserves the right to investigate the liability for breach of lease.
On March 24th, the official WeChat of Ai Apartment released the "Notice", stating that "the company has now entered into new funds. Any landlord who has selected the" Company Cooperation Supplementary Agreement "with the company in advance will be carried out within 2 to 5 working days. Make payments, and guarantee that the company will overdue in the payment department on time. "
It can be said, but on March 25th, the headquarters office of Yongsheng Building in Shanghai Xuhui District was still full of landlords and tenants who asked to unbundle "rental loans". 歆 禺 The above commitments of the lease have not been approved by the landlord and the tenant.
At the scene, a reporter from "Daily Economic News" noticed that Zhan Lease has launched another four supplementary agreements-"Agent Agreement Supplementary Agreement" (hereinafter referred to as "Supplementary Agreement"). The Supplementary Agreement shows that Party A is "甲" and Party B is the landlord. It is agreed that after receiving the payment of "歆 禺", the landlord shall not raise any objections and liabilities for breach of contract, and continue to perform the house rental agency contract signed by both parties.
But the landlord at the scene rarely recognizes this Supplementary Agreement, and you don't have to sign the agreement. Since then, "Love Apartment" also informed the landlord of the relevant content of the "Supplemental Agreement" by text message, but it has not been generally accepted. All were signed in each section because they suspected that the lawsuit was too troublesome or because they were abroad, in order to recover these losses.
▲ Letter of Commitment Tang Jie Photography
Receiving party has intervened in arrears
The reporter of "Daily Economic News" noticed that on March 17, 2018, Leasing and Zhongyuan Shijia (Beijing) Asset Management Co., Ltd. (hereinafter referred to as Zhongyuan Shijia) formally advanced the merger and acquisition agreement in Shanghai. Zhongyuan Shijia will Wholly acquired and leased 80% of its equity.
According to the national industrial and commercial information system, Zhongyuan Family was established on January 12, 2016, and the legal representative is Wang Sihui. The business scope includes asset management; office leasing; corporate management; real estate information consulting; hotel management; property management, etc. .
For "love apartment", how many houses and tenants can the new capital party retain after the intervention? Can "love apartment" still get out of this situation?
On March 25 and April 10, the reporter of "Daily Economic News" came to Yongsheng Building, Xuhui District, where the headquarters of the company is located twice, but they did not interview the relevant person in charge. On the afternoon of April 10th, when the reporter, Mr. Shang, assistant to the general manager of Xun Lei, verified that the acquisition of Zhongyuan Shijia, he first said that the company's general manager had gone out to do business. After the meeting, he also said that the company was still in the personnel adjustment stage. Not selected yet. On April 17th, the reporter came to the headquarters again and learned that the company is continuously making payments for the landlord.
As of press time, the landlord who had pre-elected the Supplementary Agreement in each paragraph stated that he had received the rent arrears. One of the landlords stated that the sender was a current account called "Wang Sihui". At the same time, all the tenants who started the lease cancellation procedures earlier said that they were due to the unbundling of the "rental loan", but all of them were reflected by the tenants, because the landlord did not provide a refund certificate, etc. Love Apartments "to untie.
Lawyer Wang Longguo of Shanghai Xinhe Law Firm told reporters of the Daily Economic News: "The landlord and the apartment, the tenant and the apartment are all contractual legal relationships. In the contract legal relationship, the parties to the general election contract are equal civils. If the entity is liable, it will also be liable for breach of contract. The contract is due to a defect and it is considered to be invalid because the contract is withdrawable. "
▲ Supplementary agreement Tang Jie Photography