The contract has not expired, the shop was "subletted". The owner refused to move 200,000 pieces of furniture and was detained.
2023-09-12 13:13:18
Not long ago, we received a complaint from Mr. Fu, a consumer of Baoji, Shaanxi, saying that the furniture that was rented at Baoji Xinguansen International Furniture Life Museum had more than 200,000 pieces of furniture displayed overnight. This matter will start with Mr. Fu’s initial lease of this shop. Mr. Fu: In September 2011, I transferred an empty shop to Xinguansen International Furniture City for 58,000 yuan. At that time, the decoration cost more than 120,000. I signed a two-year contract with the mall. At that time, the cost of the mall was paid in half a year. I paid it to June 2012. By June of this year, the business was not very good, I didn't want to do it. The mall said that the fee will give you a discount, and I will continue to pay. I paid another half a year's rent on May 12 this year and paid it to the January of 2013. Shortly after Mr. Fu delivered the rent for the second half of the year, the mall asked him to move to another store where others had rented out, on the grounds that Mr. Fu’s current store had been rented to others. Mr. Fu: In August of this year, the mall said that I rented this place to someone else. The contract I signed was due in April 2013. My rent has been paid to January 2013. They have transferred my place to others when my contract has not expired. Mr. Fu said that he paid the rent and the contract expiration date is August next year. Why do the malls sublet their own shop to others? So Mr. Fu proposed to withdraw his rent. Mr. Fu: The mall said no, let me move to another location. I used to spend 120,000 yuan on the renovation of this store, and the transfer fee was more than 50,000. If I move over, how can these losses be counted? The mall said no matter, talked to me a dozen times and said that I must move. I asked the mall to return the money to me. The transfer fee and the renovation fee were so much money. I didn't do it. He said no. Baoji Xinguansen International Home Life Museum and Mr. Fu have discussed several times and have never reached an agreement. Finally, one morning, Mr. Fu’s employee called Mr. Fu and said that the furniture in the store was gone. Mr. Fu: On August 30 this year, they talked to me again. They talked about 9:00 pm and said that I would move if I didn’t move. On the morning of August 31, I went to the store and saw that nearly 300,000 yuan of a piece of goods was gone. I told the mall that if the mall ignored it, I would call the police. After Mr. Fu reported the case, the police came forward to mediate, and the mall admitted that Mr. Fu’s goods were collected. Mr. Fu: Later, the mall said that the goods were in them. Because of the problem of the shop, I deducted my goods, and now I dragged it. Subsequently, we contacted the president office of Baoji Xinguansen International Home Life Museum. Unfortunately, the phone has not been answered. For this incident, Economic Voice commentator Bao Hua and Beijing Chaoyang Law Firm's lawyers have expressed their opinions. Bao Hua: Since the merchant has already entered into a contract with the lessee and the rent has been paid, under this circumstance, the shopping mall cannot be recovered any more. Otherwise, it is a breach of contract and should be held accountable. Even if you change the store, you need to have a negotiation process. Now the merchants force the lessee to rent out or change the renter. These actions are actually very bad. It is a blatant violation of the law and should be stopped. As for the deduction of goods in the mall, it is even more serious. Putting pressure on the lessee, forcing Mr. Fu to submit, is a very obvious forced trading behavior. Some cases have reported that forced trading not only violates civil law, but may also be a criminal offence. As far as the deduction of shopping malls is concerned, shopping malls have to bear very serious civil and even criminal responsibilities. Defamation: The mall does not have the right to sublease the store during the contract period to other customers; in addition, Mr. Fu himself has the right to not accept the store designated by the merchant, but maintain the position of his original store. Now from the criminal point of view, the deduction of goods in the mall may involve theft, because he moved things away without the permission of the owner. There is also the problem of forced trading, the purpose of the merchants moving, the purpose is to let the lessee reach the will of the mall, which is indeed suspected of forced trading. And now, from a civil point of view, civil liability for breach of contract must be borne, no doubt. The mall must be responsible for the breach of contract mentioned in the lease contract.
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