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Chapter 43 Questions and Answers on the Evidence of Disputes over House Sale and Demolition (9)
The repair scope and standards shall be implemented.

When Party A repairs the house, Party B shall actively assist and shall not obstruct the construction.

The repair of the leased house shall be dealt with by the following measures as agreed by both parties:

1. Party A shall fund and organize the construction according to the specified scope of maintenance;
2. Party B shall advance the maintenance fee and organize the construction within the maintenance scope and project promised by Party A. After the completion of the project, the maintenance fee shall be deducted in stages from the rent payable by Party B based on the official invoice;
3. Party B is responsible for maintenance;
4. Negotiation between Party A and Party B.

Party B may decorate the leased house due to the needs of use and without affecting the structure of the house, but the scale, scope, technology, materials, etc. shall be approved by Party A before construction.Regarding the cost of materials for decorations and the handling of ownership after the lease expires, the two parties agreed:
The cost of labor and materials shall be borne by the party ();
Ownership Party ( ).

Article [-] of the House Lease Contract Changes to both parties
1. If Party A transfers the ownership of the property to a third party in accordance with legal procedures, this contract will continue to be valid for the new property owner unless otherwise agreed;
2. Party A must notify Party B in writing three months before selling the house. Under the same conditions, Party B has the right of first refusal;

3. When Party B needs to exchange rooms with a third party, it shall obtain the consent of Party A in advance, and Party A shall support Party B's reasonable request.

Liability for breach of contract in Article [-] of the housing lease contract

1. If Party A fails to deliver to Party B the house that meets the requirements as stipulated in Articles [-] and [-] of this contract, Party A shall be responsible for compensation of RMB.

2. If one of the parties to the lease fails to perform the relevant clauses stipulated in Article [-], the breaching party shall be responsible for compensating the other party in RMB.

3. If Party B pays the rent overdue, in addition to still paying the rent in arrears, Party B shall also pay Party A liquidated damages calculated by the number of days based on the percentage of the rent.

4. If Party A charges Party B fees other than the agreed rent, Party B has the right to refuse to pay.

5. If Party B transfers the leased house to others without authorization, Party A has the right to order to stop the transfer and terminate the lease contract.At the same time, Party B shall pay Party A liquidated damages based on the percentage of the agreed rent in days.

6. When the contract expires, if Party B continues to use the leased house without the consent of Party A, Party A still has the right to appeal to terminate the contract after paying liquidated damages to Party A calculated as a percentage of the agreed rent in days.

The above-mentioned economic claims for breach of contract, Party A and Party B agree to carry out under the supervision of the authentication authority of this contract.

Article [-] Exemption Conditions of the House Lease Contract

1. If the house is damaged or causes losses to Party B due to irresistible reasons, Party A and Party B shall not be liable for each other.

2. Due to the demolition or renovation of the leased houses due to municipal construction, Party A and Party B shall not be liable for losses caused by each other.

If the contract is terminated due to the above reasons, the rent shall be calculated according to the actual use time, and the excess shall be refunded and the deficiency shall be compensated.

Article [-] Dispute Resolution Method of House Lease Contract
If any dispute arises during the performance of this contract, the two parties shall negotiate to resolve it; if the negotiation fails, either party may apply to the housing leasing management agency for mediation, and if the mediation fails, it may apply to the arbitration committee for arbitration or sue in the people's court.

Article [-] of the House Lease Contract Other Agreements

Article [-] of the House Lease Contract For matters not covered in this contract, both parties may negotiate together and sign a supplementary agreement.After the supplementary agreement is submitted to the municipal housing leasing management agency for approval and reported to relevant departments for record, it has the same effect as this contract.

This contract is in 4 copies, of which 2 originals, Party A and Party B each hold 1 copy; 2 copies, sent to the Municipal Housing Management Bureau and the Industrial and Commercial Bureau for record.

Lessor: Lessee:
Signing place: Signing place:
Signing time: Signing time:
house demolition
35. Can the preservation materials of the notary office be used as the basis for finalizing the compensation for house demolition?
The real estate certificate of the demolished person is an old certificate. The area indicated on the real estate certificate is nearly [-] square meters different from the actual building area. The wording of free demolition.During the demolition process of the developer, the notary office preserved the demolition materials, confirmed the area of ??????the attic, and the demolition unit also stamped the approval.Then, can the preservation data of the notary office be used as the basis for finalizing the house demolition compensation?
Analysis according to law
Evidence preservation notarization means that before the lawsuit starts, the notary institution takes certain measures to collect, fix and keep the evidence related to the rights and interests of the applicant, which may be lost or difficult to obtain in the future, according to the application of the parties, so as to maintain its authenticity. Sexual and demonstrative activities.

[-]. The notarization of preserved evidence shall be accepted by the notary office at the place of domicile of the party concerned or the place where the fact occurred.

[-]. The parties involved in notarization of preserved evidence shall provide the following supporting materials:
1. Natural persons should provide identity documents.

2. The legal person shall provide the legal person qualification certificate and the identity certificate of the legal representative.If the agent handles it on behalf of the agent, the power of attorney of the legal person and the identity certificate of the agent should be provided.

3. Documents related to the situation that need to be preserved, such as the demolition certificate of the demolished house, the house ownership certificate, etc.

4. The evidence that needs to be preserved is legally related to the applicant, such as intellectual property rights, copyright certificates of trademark infringement, and certificates of trademark use rights.

[-]. Objects of preservation:

1. Witness testimony.

2. Documentary evidence and physical evidence.

3. Audiovisual materials.

4. On-site situation.

Article 67 of the "Civil Procedure Law" stipulates that the people's court shall serve as the basis for determining the facts of legal acts, legal facts and documents that have been notarized through legal procedures.However, unless there is evidence to the contrary that is sufficient to overturn the notarization certificate.

Therefore, in this case, it should be determined according to the content contained in the notarized document issued by the notary office.However, there is sufficient evidence to prove that the notary office has not notarized the case incorrectly.

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The house demolition work involves the house demolisher, the demolished person, and the lessee, who are the parties involved in the house demolition.

The house demolisher refers to the unit that has obtained the house demolition permit.That is: house demolishers who are qualified to participate in house demolition activities.

The person whose house is demolished refers to the owner of the demolished house.Namely: Individuals and units that own the property rights of the demolished houses. The owner shall be the owner as recorded in the property right certificate. The owner may be one person or several persons.

The lessee of the demolished houses refers to the individuals and units that have a legal lease relationship with the demolished houses.There are two types of lessees:
1. The lessee who implements the standard rent stipulated by the government; 2. The lessee who negotiates and determines the rent according to the market price.

The demolished person and the lessee shall be based on the owner stated in the legally valid real estate title certificate and the house lessee stated in the certificate of renting public housing and the house lease contract on the date of issuance of the house demolition permit.

[-]. The rights of the house demolisher have the following four points:

1. If the demolished person and the lessee fail to reach a demolition compensation and resettlement agreement, the demolisher may apply for a ruling to the district or county real estate bureau where the demolished house is located; if he is dissatisfied with the ruling, he may file a lawsuit in the people's court;
2. After the agreement is signed, if the demolished party or the lessee fails to complete the relocation within the time limit stipulated in the agreement, they may apply to the arbitration agency for arbitration or sue in the people's court; to be executed first.

3. Those who have not moved within the time limit stipulated in the award, arbitration or judgment may apply for forced eviction.

[-]. Responsibilities of the demolisher:
1. Sign a demolition compensation and resettlement agreement with the demolished person and the lessee, and provide demolition compensation and resettlement;
2. After the agreement is signed, the house demolition activities can only be carried out after the house demolished and the lessee move out of the demolished house;

3. Notify the owner of the private house to go through the demolition, compensation and resettlement procedures (including the owner of the empty house);
4. For the owner of the demolished house that cannot be notified, it should be handled according to legal procedures.

[-]. Rights of the demolished and the lessee:
1. The right to obtain demolition compensation and resettlement;
2. Have the right to choose the way of demolition compensation and resettlement;
3. If the demolition, compensation and resettlement agreement cannot be reached, an application may be made to the district or county real estate bureau for a ruling. If the decision is not accepted, a lawsuit may be brought to the people's court.

[-]. Obligations of the demolished and the lessee: complete the relocation within the time limit stipulated in the demolition, compensation and resettlement.

36. What certificates and materials should the applicant submit to the notary office for notarization of demolition compensation and resettlement?

Zhang has a private house in a certain urban area, and the owner of the property is one person.In a certain month, the house was officially demolished, and Zhang signed a demolition compensation and resettlement agreement with the demolition team.Now the demolition team requires Zhang to handle demolition compensation and notarization of the resettlement agreement. Zhang wants to know how to do it?
Analysis according to law
The notarization of urban house demolition compensation and resettlement agreements is an activity in which the national notarization agency, based on the application of citizens and legal persons, proves the authenticity and legitimacy of the behavior of the demolisher and the relocated person to clarify the mutual rights and obligations in the demolition compensation and resettlement. .The notarization of urban house demolition compensation and resettlement agreements should follow the principles of obeying national planning, benefiting urban construction, and reasonable compensation.According to the "Regulations on the Management of Urban House Demolition" promulgated by the State Council, after the house demolition compensation and resettlement agreement is signed, it can be notarized to the notary office and sent to the house demolition department for record; if the house is demolished according to law, the custodian is the house demolition department If so, the compensation and resettlement agreement must be notarized by a notary office, and the evidence must be preserved.

The notarization of compensation and resettlement agreement for urban house demolition shall be accepted by the notary office of the place where the house to be demolished is located.The applicant should fill in the notarization application form and submit the following certificates and materials:
(1) The applicant's identity card (legal person shall submit qualification certificate of legal representative; trustee and manager shall submit custody or management qualification certificate) and its photocopy;

(2) If the application is made by an agent, the agent shall submit a power of attorney or other certificates of agency qualifications, identity certificates and their copies;

(3) The house demolition permit issued by the competent house demolition department of the people's government at or above the district or county level;

(4) The demolition announcement, construction regulations and plans issued by the demolition authority;
(5) Certificate of property right or use right of the house to be demolished and its photocopy;

(6) The text of the house demolition compensation and resettlement agreement;
(7) Other certificates and materials that the notary believes should be submitted.

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The examination of the notarization of the house demolition agreement generally focuses on the following contents: (1) The basic information of the parties and the documents submitted. (2) Property rights or use rights of the demolished property and the status quo. (3) Whether the intention expressed by the parties is true. (4) Whether the terms of the agreement are complete and clear, and whether the content of the agreement is true and legal. (5) Whether the house demolition agreement has been reported to the demolition authority for record. (6) If the original property owner or user right holder of the demolished object is changed, and the property right or use right transfer procedure has not been completed, the transfer procedure should be completed according to the law, and then notarization should be done.

37. What is evidence preservation for house demolition?What materials should be submitted to apply for evidence preservation?

Ye Mou's house was going to be demolished, but Xiang Mou claimed the ownership of Ye Mou's house.Seeing this situation, the demolishers demanded that the house demolition evidence be preserved.Q: Who submits what materials for house demolition evidence preservation?
Analysis according to law
Preservation notarization of house demolition evidence refers to the activities in which the notary public takes surveys, photographs or videos of the status quo of the house and its appendages to ensure its authenticity and probative force before the house is demolished.The applicant for the notarization of house demolition evidence preservation is the demolisher or the demolished person, and the house demolition authority can also be the applicant.The above-mentioned applicants may entrust others to submit the application for notarization on their behalf.The applicant should fill out the notarization application form and submit the following materials:

([-]) Identity certificate; if the applicant is a legal person, the identity certificate of legal person qualification and legal representative should be submitted; if the demolished person is an individual citizen, the identity certificate should be submitted;
([-]) Qualification certificate: the demolisher should submit the demolition permit certificate issued by the competent department of house demolition; the entrusted party who accepts the demolition entrustment should submit the house demolition qualification certificate; (including custodians, administrators of state-owned houses and their attachments authorized by the state) and the certificates of users of the demolished houses and their attachments;

([-]) To demolish houses with property rights disputes, submit a certificate of compensation and resettlement plan approved by the housing demolition department of the people's government at or above the county level;
([-]) For houses subject to compulsory demolition, submit the decision on demolition within a time limit made by the people's government at or above the county level or the announcement of demolition within a time limit issued by the president of the people's court;

([-]) Other relevant materials that the notary considers should be submitted.

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Method of Notarization of House Demolition Evidence Preservation According to Article 10 of the "Notarization Rules for Preservation of House Demolition Evidence", the notary shall objectively and comprehensively record the on-site conditions of the demolished house, and collect and extract relevant evidence.According to the different characteristics of the objects to be preserved, methods such as surveying, photographing, and video recording should be adopted for evidence preservation.

38. What tasks must the notary complete when handling the notarization of house demolition evidence preservation?

A notary office accepts the notarization of Ming???s house demolition evidence preservation, and a notary just needs to make a notarization after reading the written materials submitted by Ming.The demolisher, a real estate development company, thought it was inappropriate.So, what work must the notary do to handle the notarization of house demolition evidence preservation?

Analysis according to law
When handling the notarization of house demolition evidence preservation, the notary shall objectively and comprehensively record the on-site conditions of the house to be demolished, and collect and extract relevant evidence.According to the different characteristics of the objects to be preserved, methods such as surveying, photographing, and video recording should be adopted for evidence preservation.Where a house is surveyed, a survey record shall be made, indicating the time and place of the survey, the surveyor, the recorder, the property owner of the preserved house, its location, location, property, structure, level, area, degree of newness, roof and The ground texture, ancillary facilities and other matters that should be noted; the length and width of the house that can be marked by diagrams should be diagrams; the records should be signed or stamped by the surveyor and notary; if the parties involved in the demolition activities are present, the parties should be asked to sign or affix a seal; if the party refuses to sign or affix a seal, the notary shall record it in the record.Those who take photos and videos of houses shall fully reflect and record the whole picture of the house.House structure, doors and windows, kitchen and ancillary facilities, etc., must be shown in separate pictures.If the notary office deems that a survey is necessary for the preservation matter, it shall hire personnel from the professional technical department or other departments who have the ability to conduct the survey.The professional technical department and its surveyors shall put forward written survey conclusions and sign or seal the survey papers.For surveyors from other departments, the surveyor's unit should affix a seal to prove the surveyor's identity.

When carrying out the preservation of evidence of forced house demolition, the notary office shall notify the demolished person to be present.If he refuses to be present, the notary should record it in the record.If there are articles in the houses under compulsory demolition, the notary shall organize to check, count, register and classify all the articles one by one.The time and place of the above-mentioned activities shall be recorded, and after being checked by two present persons with full capacity, the notary and the present persons shall sign on the record.If the demolished person refuses to sign, the notary should record it in the record.After the items are counted and registered, if they cannot be handed over to the demolished person immediately for acceptance, the notary shall supervise the demolition person to store the items in the warehouse provided by him, and label the items. If lost or damaged, the warehouse keeper shall bear the compensation responsibility.The demolisher should make a notice to notify the parties to pick up the items within a certain period of time.If you do not collect within the time limit, the notary office can accept the deposit application from the demolisher and handle the deposit.

tips

The personnel who carry out the notarization of evidence preservation must have the qualifications of notaries. The conditions and procedures for obtaining the qualifications of notaries in my country are:
To be a notary, you must meet the following requirements:

([-]) Having the nationality of the People's Republic of China;

(25) Over 65 years old and under [-] years old;
([-]) Fair and upright, law-abiding, and of good conduct;
([-]) Pass the national judicial examination;

([-]) Have practiced in a notary institution for more than two years, or have more than three years of other legal professional experience and have practiced in a notary institution for more than one year, and pass the assessment.

Personnel with senior professional titles engaged in law teaching and research, or civil servants and lawyers with a bachelor???s degree or above who have been engaged in trials, procuratorial work, legal affairs, and legal services for ten years, who have left their original posts and pass the assessment, may serve as Notary.

Anyone who falls under any of the following circumstances shall not serve as a notary:
([-]) Having no capacity for civil conduct or limited capacity for civil conduct;

([-]) Received criminal punishment for intentional crime or duty negligence;

([-]) being expelled from public office;

([-]) The practice certificate has been revoked.

To serve as a notary, an application shall be submitted by a person who meets the requirements of a notary. After being recommended by a notary institution, the local judicial administrative department shall report to the judicial administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government for approval, and then report to the judicial administrative department of the State Council for appointment. The judicial administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government issue notary certificates.

39. How to prove the legitimacy of the house when the house is demolished without a real estate certificate?
Zhou owns three private houses with a building area of ??????70 square meters. The house was dilapidated due to disrepair. Zhou applied to the District Planning Bureau for approval of the renovation and expansion of the house, but the District Planning Bureau did not reply.Later, Zhou demolished the original house and expanded it into a residence with a construction area of ??????95 square meters.After the construction of the house was completed, Zhou applied to the housing management department for registration, but the housing management department postponed the registration on the grounds that the procedures were not complete. In 2004, the area carried out renovation, construction and demolition of dilapidated houses.The demolisher refused to give compensation and resettlement to Zhou's house on the grounds that Zhou's house did not have a property right certificate.The two parties could not reach an agreement and a dispute arose.

Analysis according to law
(End of this chapter)