Hi,

I live in a lane house on Maoming Rd, near Nanjing Rd. I've been renting it for almost 2 years on a 3 year lease. Love the place.

Was out of the country for about 1 month. When I get back, I find out from some people in the retail store that has the first floor of the building that our entire side of the street is slated to be demolished for an expansion of the subway line at West Nanjing Rd Station. This is going to happen 3-6 months from now.

All of this sucks, but what annoys me is that my landlord told the retail store renters not to inform me about the impending demolition. I don't know what his end-game was. I don't know if he was trying to squeeze every RMB out of me before I had to move. Or was he trying get my personal property and furniture, since I often travel out of the country on business? Maybe something else? I talked to the Landlord, but he tries to act like he doesn't know what is going on. He just hangs up on me.

My landlord is going to be paid a huge sum for the entire lane house. Are there any rules or rights that a renter has when they are being forced to evict before the terms of the lease expires? Does the landlord have to pay some compensation for the move to a new apt? Anybody have a similar experience or know somebody who did?

Your input would be greatly appreciated.

DJJJK

If your rental agreement specifies a penalty for breaking lease (by either party), the party breaking the lease (your landlord) must pay. Most standard rental agreements have this clause.

I recently went through a similar situation where the landlord sold the unit I was leasing a few months before the contract expired. As a result, although he tried to get out of it, he paid me the specified compensation. I would highly recommend hiring either a real estate lawyer (might be expensive) or a local, experienced real estate agent. I did the latter and everything went smoothly in my favor.

http://www.shanghaiexpat.com/MDForum-vi ... 8741.phtml

Yes, right. It basically comes down to what is in your lease. It may not refer to having to leave early, but should refer to breaking of the lease (for any reason), and that is what he is doing, and is liable. Pity he will not speak to you. This means you may need to get a good 3rd. party. There are agents who will help. What about your original agent? I think if compensation is not specified, you could claim compensation equal to the months rent. So if you are paying say 10,000, and have to go 2 months early, you could claim 20,000, plus of course your deposit returned in full. He is not talking because he knows he is liable, and knows right is on your side. Another alternative is to claim he houses you in a similar place at his cost for that 2 months or whatever time it is. Gives you a chance to look for a new place.

Donkey Kong, Monalislee,

Thank you for the advice. I'll have my Chinese friend read through the contract and hopefully there will be something in the clause about breaking the lease (considering it's going to be a year early). As for contacting the original real-estate agent, their office closed down a few months ago. Sign of the times. Do you think the new leasing agent who I use to find a new apartment would be of help?

Thanks,

DJJJK

Would you happen to still have the business card of the original real estate agent? Better yet, is the agency a big company with several locations? My agent's office closed down as well, but the company was fairly big and still alive in other locations.

The important thing is to find an experienced Chinese person you trust, someone who can draft contracts and knows the law. The new leasing agent can most likely help you (if he/she is experienced), but make sure you know how much he/she expects for his/her services beforehand.

I think any decent, helpful agent will assist you free of charge, in order to get your business. If you need an experienced agent to help, I can send you details of a Chinese honest, helpful, agent, fluent in English. We have worked together and have housed a number of Expats from this site. All very happy.