Modern Express (Reporter Deng Wen Ting Correspondent Cui Yan) neighbor’s tenant changed the house to the home, which makes the household forest and others, and the strangers are frequent, so that everyone is very unhearthed. Residents have to sue the court to sue the tenant and the landlord to stop the business behavior involved in the house, and the housing will be restored to the residential room. On November 13th, the Modern Express reporter learned from the Qinhuai District People’s Court of Nanjing.
The stranger is frequent, and the household is very annoying. It is reported that Ms. Lin is the resident of a building in Nanjing. The building is located in the new street business area, and the 1st floor is commercial housing, and the 15 to 49th floor is a residential house.
In 2019, Zhu took himself on the 40th floor of the residential house to Chen, and Chen was renovated to the house, transformed into a room with independent bathroom, and renting and operating the property.
Such transformations have brought economic benefits to Mado, but they have been plagued by Ms. Lin and others under the upstairs, and strangers are frequent and in addition to the daily life and personal property safety of residents in the building. Under the helplessness, Ms. Lin and others have to sue the court to ask Zhu and Chen to stop the business behavior of the house, and return the house to a residential room. The defendant Zhu and Chen said that the relevant business behavior involved in the case has been recorded in the relevant departments, and the business license is legal.
The tenant can choose a short-term or long term through the network, and all guest information is uploaded in real time in accordance with the public security organs, and the legitimate rights and interests of the plaintiff are not infringed.
After the court trial, the defendant Zhu, Chen Chen used the home for business purposes, the plaintiff as an objection to the owner of the benefit, the claim requires the operational behavior of the residential, restores the original residential use, according to the law It should be supported. Even if the business behavior of the defendant has reported to the relevant department, it changes the use of residential housing must also agree with the owners of the benefit. Therefore, the defendant Chen has stopped the business behavior in the house within 10 days from the date of the judgment, and the defendant Zhu will restore the house to the residential use within 10 days from the date of the judgment. House.
Modern Express reporter learned that after the referee’s entry into force, the defendant did not fulfill the content in the instrument.
On the evening of November 10, the Qinhuai Court Executive Board of Executive Board was medically to the parties in both parties.
Judge: The legal issues behind the B & B have been worth paying attention to the judge Zhu Lianli said that the Article 279 of the Civil Code stipulates that the owners shall not violate legal, regulations and regulatory statutes, and change their residential as a business model.
The owner changes the housing to the operating room, in addition to complying with laws, regulations, and management statutes, the owners of the benefit should agree to agree.
With the advancement of the economy, tourism is booming, a variety of net red bobies entered people’s lives.
The legal issues behind these people are worthy of our concern. Zhu Jiaoli said that the B & B is a family hotel model that is different from the hotel, the hotel, which provides local style, catering, let people experience local style, humanities. But when the place where the B & B live is in a residential building, there may be problems.
Because the use of the house is constructed and reported to the approval, it is not allowed to change, and the residential housing is engaged in business behavior. It may cause a mess of foreign people to come and come to the community, increasing the unsafe factors of the community, interfere with the normal life of the owner, causing the community parking space, elevator, water, water, Nervous problems used in public facilities such as electricity.
Therefore, the "Civil Code" stipulates that the owner shall not violate the law, change the residential to the operating room. If the owner is independent of life, the residential changes are needed to operate, and must comply with laws, regulations and management regulations. The unanimous agreement of the owners who have enlarged relationships, the two are indispensable.
Zhu Jiaoli said that in this case, the defendant leases the housing to not specific individuals, thus collecting rental interests, which belongs to business, and it is a business license and the public security organs are filmed belong to administrative registration and license. Effectiveness problem. At the same time, the behavior of the defendant did not satisfy all the benefits of the owners agreed with this condition, so its behavior did not have legitimacy and should resume house residential use.
(Court for map) related recommendations.