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Who will receive the compensation for the demolition of the leased factory building?
Home page >> Business areas >> environmental shutdown
Article author：Yingting Lawyers Group | Update time：2022-11-10 | Reading times：1034
According to this newspaper (correspondent Zhu Wei), Zhang rented a factory of a company on November 28, 2012 for a period of one year. On November 12, 2013, the company signed an agreement with the governmentDemolitionAgreement and receiveDemolitionThe compensation includes a production and business suspension subsidy of 150 yuan per square meter. In March 2014, Zhang handed over the keys to the house. Zhang believes that the suspension of production and business expenses should be compensation for the losses caused by his own suspension of production. A certain company believes that the lease contract has expired when Zhang handed over the keys to the house, and there is no loss of production and business closures. The two sides had different opinions and went to court.
After hearing, the Zhangjiagang City Court held that the suspension of production and business closure fees proposed by Zhang was the government’s compensation for the damage to the house.DemolitionCompensation for losses caused by suspension of production and business operations, andDemolitionThis behavior not only caused losses to the lessee's business activities, but also caused losses to the house owner's leasing activities of renting the house and collecting rent. Therefore, the shutdown fee should be a joint compensation for the losses of the lessor and the lessee, and should be distributed jointly by both parties. Because Zhang failed to provide evidence,DemolitionThe actual amount of losses caused, therefore, the suspension of production and business closure expenses will be allocated as appropriate, of which 50 yuan per square meter belongs to Zhang. A company refused to accept the appeal, and the Suzhou Intermediate Court rejected the appeal and upheld the original judgment.
[Judge’s comments]
During the lease period, the rented house involved in the case wasDemolition, the lessor should be inDemolitionThe lessee will be compensated for the loss within the scope of compensation, and the government will compensate the tenant for the loss of the house.DemolitionThe resulting loss subsidy for shutdown is not limited to the lease period involved. The subsidy for shutdown loss should be a joint compensation to the lessor and lessee. Because Zhang failed to provide evidence,DemolitionTherefore, the rental period, rental amount, moving time and other factors are comprehensively considered to allocate the cost, so as to protect the legitimate rights and interests of both parties.
After hearing, the Zhangjiagang City Court held that the suspension of production and business closure fees proposed by Zhang was the government’s compensation for the damage to the house.DemolitionCompensation for losses caused by suspension of production and business operations, andDemolitionThis behavior not only caused losses to the lessee's business activities, but also caused losses to the house owner's leasing activities of renting the house and collecting rent. Therefore, the shutdown fee should be a joint compensation for the losses of the lessor and the lessee, and should be distributed jointly by both parties. Because Zhang failed to provide evidence,DemolitionThe actual amount of losses caused, therefore, the suspension of production and business closure expenses will be allocated as appropriate, of which 50 yuan per square meter belongs to Zhang. A company refused to accept the appeal, and the Suzhou Intermediate Court rejected the appeal and upheld the original judgment.
[Judge’s comments]
During the lease period, the rented house involved in the case wasDemolition, the lessor should be inDemolitionThe lessee will be compensated for the loss within the scope of compensation, and the government will compensate the tenant for the loss of the house.DemolitionThe resulting loss subsidy for shutdown is not limited to the lease period involved. The subsidy for shutdown loss should be a joint compensation to the lessor and lessee. Because Zhang failed to provide evidence,DemolitionTherefore, the rental period, rental amount, moving time and other factors are comprehensively considered to allocate the cost, so as to protect the legitimate rights and interests of both parties.
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