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费嘉彬律师|长期公寓青客疑似“暴雷”，房东、房客何去何从
撰文：费嘉彬律师 薛冰雨
一、「市场背景」
With the continuous acceleration of the pace of urban life and people's attention to the value of time, HOUSING TRUST services have developed rapidly in various cities throughout the country.
对于工作繁忙、长期居住在外以及不擅长/不愿意打理租房琐事的房东而言，房屋托管服务不仅解决了空置房产的维护和管理问题，还充分利用了空置房产，确保了空置房产的保值、增值。
For landlords who are busy at work, live outside for a long time, and are not good at / unwilling to take care of rental chores,HOUSING TRUST services not only solve the problems of maintenance and management of vacant properties, but also make full use of vacant properties to ensure the preservation and appreciation of vacant properties.
对于刚来城市工作的租客而言，选择托管机构相较于自然人房东而言有着更多的优质房源，也更为可靠。
For tenants who have just come to work in the city, choosing trusteeship institutions has more high-quality housing sources and is more reliable than natural landlords.
那到底何为房屋托管呢？
Then what on earth is housing trusteeship?
房屋托管是房屋产权所有者对房屋使用权以契约形式让渡给房屋经营单位，房屋经营单位再对房屋使用权商业化的一种过程，包括日常管理，招租，承担房屋中途空置期风险等。委托人(即房东)将房屋委托给受托方（即托管机构）并签订委托合同，受托方将按照委托人的协议为其寻找租客。
Housing trusteeship is a process in which the owner of the property right of the house transfers the right to the use of the house to the housing management unit in the form of a contract, and the housing management unit commercializes the right to the use of the house, including daily management, soliciting rent, taking the risk of the vacancy period of the house, and so on. The principal (that is, the landlord) entrusts the house to the trustee (that is, the trustee) and signs the entrustment contract, and the trustee will find a tenant for him in accordance with the client's agreement.
合同期内，由房屋经营单位代收房租，水电费，煤气费，物业管理等费用并按合同约定将租金打入委托人或委托人指定银行帐户，受托方承担中途租客退租风险，受托方靠收取委托人的管理服务费和经营中的增值盈利，依靠自身的专业房屋管理经验来抵抗各种风险，从而达到委托人与受托方互惠互利，共同增值的目的。
During the period of the contract, the housing operating unit shall collect the rent, water and electricity charges, gas charges, property management and other fees and transfer the rent to the client or the client's designated bank account in accordance with the contract, and the trustee shall bear the risk of the tenant withdrawing the lease midway, the trustee shall make a profit by collecting the principal's management service fee and the added value in the operation, and rely on his own professional housing management experience to resist various risks. In order to achieve the purpose of mutual benefit and common value-added between the trustor and the trustee.
二、「市场现状」STATUS QUO OF MARKET
目前市场上，房屋托管公司的运营模式已颠覆了前述纯粹的“房屋托管”模式。而是采取“直接租赁+房屋托管”模式：
At present, the operation mode of housing trusteeship companies in the market has subverted the aforementioned pure "housing trusteeship" model. Instead, it adopts the mode of "direct rental + house trusteeship":
由租赁托管公司前期通过自有资本找房东签订长期租赁托管合同，租赁托管公司直接承租房屋，并在合同中约定一定的空档期（即不需要支付租金）、房租付款方式为月付。等拿下房屋后，再去寻找租客，找到租客后，推荐租客与金融机构合作贷款整个合同期的房租，租客从金融机构取得贷款后，再全部交付给租赁托管公司，再由租客按约还款给金融机构，而租赁托管公司拿到整个合同期的房租后，继续寻找房东租房。
In the early stage, the lease trusteeship company signs a long-term lease trusteeship contract with the landlord through its own capital, and the lease trusteeship company directly leases the house, and agrees in the contract that there is a certain gap period (that is, there is no need to pay rent), and the rent payment method is monthly payment. After taking the house, we will look for the tenant, and after finding the tenant, we recommend that the tenant cooperate with the financial institution to borrow the rent for the entire term of the contract. After the tenant obtains the loan from the financial institution, the tenant will hand it all over to the rental escrow company, and then the tenant will repay the loan to the financial institution according to the contract. After the rental trusteeship company has received the rent for the entire contract period, it will continue to look for the landlord to rent the house.
当然这种模式在理想化运行下，对于房东、租赁托管公司、租客来讲，百利而无一害。但是一旦租赁托管公司的资金链断裂，无法支付给房东约定的租金，就会导致房东在房屋托管期间收取不到租金，而房客在已经付清租金，却被房东赶出房屋的尴尬境地。
Of course, this model in the idealized operation, for landlords, rental trusteeship companies, tenants, 100 benefits but no harm. However, once the capital chain of the rental trusteeship company is broken and the agreed rent can not be paid to the landlord, the landlord will not receive the rent during the trusteeship period, while the tenant will be driven out of the house by the landlord after the rent has been paid.目前，我所律师已陆陆续续接到关于“青客”等长期租赁公寓的房东、租客的法律咨询电话。
At present,lawyers of BeautyValley Law Firm have received legal advice calls from landlords and tenants of long-term leased apartments such as "green guests" one after another.
三、「维权建议」
Rights protection RECOMMENDATIONS
1、对于房东而言，本所律师建议可以选择如下方式进行维权：
（1）以非诉讼方式解决租赁托管公司不交付租金的情形，即房东与租赁托管公司协商解除双方签订的合同并收回房屋。
（2）以诉讼的方式解决租赁托管公司不交付租金的情形，即房东起诉租赁托管公司，要求解除合同，交还房屋。
1. As far as landlords are concerned, our lawyers suggest that we can choose the following ways to protect our rights:
(1) to resolve the situation where the lease trusteeship company fails to pay the rent by non-litigation, that is, the landlord and the lease trusteeship company negotiate to terminate the contract signed by both parties and repossess the house.
(2) to resolve the situation in which the rental trusteeship company fails to pay the rent by way of litigation, that is, the landlord sues the rental trusteeship company to terminate the contract and return the house.
2、对于租客而言，本所律师建议可以选择如下方式进行维权：
（1）向相关监管部门投诉，要求对租赁托管公司的市场经营是否合法行为进行调查。
（2）采取诉讼的方式处理纠纷，即租客起诉租赁托管公司，要求退还押金或赔偿因被房东赶出房屋而造成的损失。
2. As far as tenants are concerned, our lawyers suggest that they can choose the following ways to protect their rights:
(1) complain to the relevant regulatory authorities and request to investigate whether the market operation of the leasing and trusteeship company is legal or not.
(2) to deal with the dispute by way of litigation, that is, the tenant sues the rental escrow company for the refund of the deposit or compensation for the loss caused by being evicted by the landlord.
3、如果是房东收取不到租金，而租赁托管公司仍然收取着租客租金的情况，存在租赁托管公司两头收钱的情形，则租赁托管公司可能涉嫌合同诈骗罪，房东和租客可以一同前往公安机关报案处理。
3. If the landlord does not receive the rent, but the rental trusteeship company still collects the tenant's rent, and there is a situation in which the leasing trusteeship company collects money at both ends, the leasing trusteeship company may be suspected of contract fraud. The landlord and the tenant can go to the public security organ to report the case together.
四、「文末结语」
Conclusion at the end of the article
目前，各地政府开始逐步对房屋租赁托管公司重视起来了，陆陆续续推出了各项政策，诸如杭州市政府为了保障租赁托管公司的资金稳定性，由该地住保房管部门发布了《关于公布第一批住房租赁资金监管银行名单的通知》，要求当地房屋租赁托管公司在指定银行开设指定账户保证运营资金的稳定性。
At present, local governments have gradually begun to attach importance to housing rental trusteeship companies, and have introduced various policies one after another, such as the Hangzhou Municipal Government in order to ensure the financial stability of leasing trusteeship companies, the local housing management department issued a notice on the publication of the list of the first batch of banks supervising housing rental funds. The local housing rental escrow company is required to open a designated account in a designated bank to ensure the stability of the working capital.
At the same time, THE AUTHOR would like to remind landlords and tenants who need housing trust services and rent / lease houses to rental hosting companies: in the process of looking for a company, they need to carefully investigate whether their company background is reliable, except for the price factor. other factors still need to be carefully considered. In order to avoid landlords in enjoying time-saving, convenient at the same time, but encounter inconvenient consequences; lest tenants in the enjoyment of cheap, convenient at the same time inconvenient consequences. Therefore, I hope that the majority of landlords and tenants will open their eyes and beware of being deceived.
相关资料
- 律所名称：上海美谷律师事务所
- 电话号码：021-37195298
- 手机号码：18301722272
- 邮箱地址：lawyer@meiguls.com
- 联系地址： 中国上海奉贤区望园路1698弄5号楼
