Tenant evicted with second contract
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Tenant evicted with second contract
Author:xcd   Article source: www.xcdacc.cn  Hits:1517  Add time:2009-7-14  

   A MAN was recently evicted from a store in Bao’an District following a dispute over the lease with the landlord.

    The man, surnamed Wan, said the lease wasn’t due to expire until next year while the landlord, surnamed Xu, insisted that the lease had already expired.
    Wan said he took over the store June 2008 before he signed the lease that expired Oct. 8, 2010. The monthly rent was 750 yuan (US$110). The contract bore the red seal of the Bao’an district rental housing management office.
    Wan told the Southern Metropolis Daily that he actually paid rent of 2,750 yuan a month rather than 750 yuan because he and Xu had signed another contract to evade taxes. The second contract expired June 1 this year.
    “The landlord recently demanded that the rent be raised to 4,500 yuan a month. He also asked for an extra 10,000 yuan a year as a special fee,” Wan said. “I refused because I couldn’t afford it, so he forced me out.”
    Xu said he had the genuine contract. “I wouldn’t recognize the one he (Wan) held,” Xu said, as he displayed the “real” contract bearing their fingerprints and signatures. “I notified him to move out but he wouldn’t, so I had to ask others to evict him.”
    Wan said he was forced to sign the second contract. “He wouldn’t have leased the store to me if I hadn’t signed.”
    Wan considered the first contract in his possession to be the one that had legal force because it bore the seal of relevant government departments and was signed while government employees were present. The contract had also been entered in the records of government departments.
    Because the second contract was the one that had actually been executed, Yang Lizhi, a lawyer with the Guangdong Shentiancheng Law Firm, said it should be recognized as valid, even though it was signed by the two parties to avoid paying taxes.
    As for Xu’s alleged involvement in tax evasion, tax authorities could take action to recover the money, Yang said.
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