Landlord loses lawsuit after refusing to honor lease contract and forcibly demolishes rented factory

by zxyhszzfz on 2011-07-11 17:09:46

Our correspondent reports (by reporter Tailing Zhang) that although the court ruled the lease contract as valid, He Zhixiu, who runs a cushion factory, is still unable to commence operations in the factory located in Xiaying Village, Changxin Store Town, Fengtai District. Besides having their water and electricity cut off, the landlord demolished part of the factory and the gate after the verdict. Recently, the landlord claimed that the house "has serious safety hazards" and has filed another lawsuit requesting the termination of the contract.

The landlord was ordered to compensate for the loss caused by power outage.

He Zhixiu's factory is located at No. 77, Xiaying Village, Changxin Store Town, Fengtai District. It has been abandoned for more than two months now. Some of the factories have been demolished, with beams and posts stacked haphazardly. The houses that haven't been demolished have had all their glass smashed.

"Move out within half a month, and after half a month, the water and electricity will be cut off and the house will be demolished. But the landlord didn't give any reason," said He Zhixiu while showing the notice posted by the landlord Wang Changhong at the factory gate yesterday.

He Zhixiu stated that she signed a 15-year lease contract with the couple Wang Changhong in 2007, renting No. 77 in Xiaying Village as a factory. In July this year, the factory was cut off from electricity by the landlord, affecting normal production. On July 30, she sued Mr. and Mrs. Wang Changhong, demanding compensation of nearly ten thousand yuan for the losses caused by the power outage.

On September 17, the first instance of the Fengtai Court recognized the validity of both parties' contracts and ruled that Wang Changhong should pay He Zhixiu over 1000 yuan for the losses caused by the power outage.

He Zhixiu mentioned that after the court's verdict, the factory was cut off from electricity again, and the gate and part of the factory were forcibly demolished in early October.

The landlord claims the factory is dilapidated and items are flammable.

Wang Changhong, who lost the first trial, stated that he has appealed. The original signing of the lease contract was to help He Zhixiu register her business, not his true intention.

However, when the second trial opened on November 3, Wang Changhong suddenly withdrew the lawsuit. Subsequently, Wang Changhong filed another lawsuit against He Zhixiu in the Fengtai Court, demanding the termination of the contract. The reason was that the rented house was already in a dangerous state, failing to meet fire protection requirements, and the village committee had notified them to stop production and rectify.

"I will fight this case to the end, anyway I won't rent it to her," Wang Changhong stated yesterday that he refused to perform the lease contract out of safety considerations. After the house was rented out, a transformer was built near the factory, making the large amount of flammable sponge piled up by He Zhixiu's cushion factory a threat.

A certificate issued by Wang Changhong's wife, Ms. Yu, on September 29 showed that due to long-term disrepair, the factory rented by Wang Changhong to He Zhixiu had serious safety hazards, making it highly prone to fire accidents. Wang Changhong was ordered to make time-limited rectifications and cease all business activities.

He Zhixiu does not accept Wang Changhong's statement, saying that the village indeed conducted a safety inspection, but did not say that they needed to stop production and rectify. Recently, she has once again submitted a complaint to the Fengtai Court, claiming compensation for the nearly ten thousand yuan loss caused by the demolition of the factory.