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The guideline that rent: Who said householder and tenant to calculate?
From;  Author:Stand originally
Zhang Ping's elder brother and parents live in the public house of under one's name of a parents. 2006, the house that Zhang Ping lives tears open change, leave the money that rents a house for the province, zhang Ping entered fair room of parents via after parents agrees, be being moved. Residence, zhang Ping took out his partial saving to undertake decorating to the house. Later, zhang Ping's parents dies in succession, householder changes the elder brother that is her, tenant changes the elder sister that is Zhang Ping.

Because Zhang Ping's registered permanent residence is not inside this room, after the elder brother becomes householder, raised objection to living authority of Zhang Ping, ask Zhang Ping is taken away. Zhang Ping explains to the elder brother he just shacks, the affection that hopes the elder brother can read aloud sibling gives show sympathy, etc after finding a place for the house has been built, take away. Unexpectedly the elder brother still is determined to want Zhang Ping to be moved, the Zhang Ping that bellyful subdues is forced to appeal at the elder sister. The elder sister that serves as tenant has dissatisfaction to brother elder brother's wife originally, those who listened to Zhang Ping narrate, be determined to want Zhang Ping to live inside this room, 3 sibling make a noise so that cannot leave to hand in ……

Householder does not agree but below the circumstance that tenant agrees with, whether can the Zhang Ping that there is registered permanent residence live? Does Zhang Ping still enjoy other rights and interests to this room?

[lawyer viewpoint]

Office of Shanghai Zheng Chuanben's attorney Director Liu Xun

In this case, zhang Ping enjoys this public house living right. Basis " Shanghai building rents byelaw " the 40th regulation: After renting a renown change, of former tenant still enjoy living right with living person in all. The collective house of the public housing that indicates here live person, it is to show in public housing tenant death perhaps is changed bear when hiring a concern, this bear hires building part to live actually live one year above (special situation except) and this city does not have other housing or although have other housing but the person of living difficulty, marry, be born the restriction that need not accept afore-mentioned conditions. Public housing lives jointly the living access that the person's basiccest right is pair of public housing. From the point of the circumstance of this case, zhang Ping entered parents via after parents agrees, be being moved from 2006 bear parental public house, one up-to-date, live for a long time inside this public house the life, and the building as a result of him Zhang Ping is torn open change, shang Zaiyuan is torn open establish level formerly, she herself also does not have other abode at present, so Zhang Ping's circumstance accords with the regulation of concerned law laws and regulations, have collective house to live the person's identity, ought to enjoy this living advantageous position that covers public house. Besides, after Zhang Ping's parents dies, tenant changes the elder sister that is Zhang Ping. As new tenant, zhang Ping's elder sister also is to agree with Zhang Ping to continue to live inside this public house, so Zhang Ping registered permanent residence is not in even if this room, the elder brother of even if Zhang Ping asks Zhang Ping is moved, zhang Ping still has legal living access.
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