Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
Home page >> Ying Ting Information >> Legal information
Article author:Yingting Lawyers Group | Update time:2023-07-31 | Reading times:124
After the rented house is demolished, will the tenant be compensated if the house is demolished?
1. Terminate the lease with the landlord. When a house is demolished, if the tenant and the property owner, that is, the landlord, agree to terminate the lease contract, or the demolished person assists the tenant in resettling, the demolisher will not compensate the tenant after the demolisher compensates the tenant.
2. Did not terminate the lease contract with the landlord
(1) The demolisher provides a replacement house, and the landlord must sign a new housing lease contract with the lessee, that is, sign a new housing lease contract with the lessee.
(2) Compensation fees available to the lessee include: relocation subsidies, losses from production and business suspension, etc.
3. If the lessee is dissatisfied with the compensation payment, he can apply for administrative reconsideration in a timely manner and should follow the following steps:
(1) First review does not meet the conditions for application.
① The counterparty who believes that government demolition has infringed upon his or her legitimate rights and interests;
②Have a clear demolition person;
③Have specific reconsideration requests and factual basis;
④It falls within the scope of administrative review stipulated by law;
⑤The corresponding administrative review application shall be accepted by the administrative review authority;
⑥Other conditions stipulated by laws and regulations
(2) Check whether the application is allowed during the period. To apply for administrative reconsideration, it must be submitted within 60 days after the respondent knows that the administrative action has been taken (unless otherwise provided by law).
(3) The application method is optional. Applications may be made in writing or orally, depending on the regulations. If you apply in written form, you mainly need to fill in the administrative review application form. If you apply orally, the administrative review agency will record the applicant's relevant information on site.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a Yingting demolition compensation lawyer for one-on-one online consultation.
Previous article:How to formulate documents stipulating the hearing procedures for administrative compulsory demolition?
Next article:Issues and procedures you should pay attention to when signing a housing rental contract