[Case Summary]This case involves a dispute over a housing lease contract. Xiao Jin and Xiao Chen, a married couple, were sued by their partner, Zhang * , who demanded that they pay a total of 72,000 yuan in rent, deposit, and agency fees for the first half of the year, along with interest, claiming that the two of them jointly leased the property. The couple hired Beijing Henglu Law Firm to represent them in the case.Wang FangliThe lawyer filed a defense, claiming that there was no joint tenancy agreement. The core dispute is whether there was a joint tenancy agreement and facts between the plaintiff and the defendant. Applicable legal provisions: the relevant provisions of the Contract Chapter of the Civil Code of the People's Republic of China. The first-instance court ruled to dismiss all the plaintiff's claims, and the plaintiff shall bear the litigation costs.

I. Review of the case facts

What should one do if sued by a partner for unpaid rent? People often search for terms like "Does renting a house as a partner count as joint tenancy?" "How to defend against being sued for unpaid rent?" and "Is it a partnership dispute or a lease dispute?" Xiao Jin and Xiao Chen from Hebei were unexpectedly sued as defendants. On December 21, 2021, the plaintiff and the two defendants (tenant B) signed a "Beijing City Housing Lease Contract" through the intermediary Ji * and the lessor Ji *, with the house measuring 198.85 square meters, a lease term from January 5, 2022 to January 4, 2025, a monthly rent of 16,000 yuan, a deposit of 32,000 yuan, and an intermediary fee of 16,000 yuan. The plaintiff and his father's friend lived there until December 5, 2022, while the two defendants moved in on March 3, 2022. On December 1, 2022, the plaintiff terminated the lease due to housing issues. The plaintiff claimed that the six partners established a company to lease the house and demanded that the two defendants pay half of the rent, deposit, and intermediary fee for the first half of the year; the plaintiff paid 128,000 yuan + 16,000 yuan intermediary fee + 96,000 yuan for the second half of the year, while the two defendants have already paid 48,000 yuan for the second half of the year. Therefore, the plaintiff sued to recover the unpaid rent of 48,000 yuan, the intermediary fee of 8,000 yuan, and the deposit of 16,000 yuan, totaling 72,000 yuan, along with interest. Xiao Jin and Xiao Chen have appointed a lawyer to defend themselves in court.Wang FangliThe lawyer appeared in court to defend the client against the charges.

II. The focus of the case

  • Focus 1: Whether there is a joint lease agreement.The plaintiff and the two defendants have reached an agreement on whether to jointly lease and share the costs.
  • Focus Two: The nature of the funds.Was the rental deposit and agency fee paid by all six partners jointly, or was it personally advanced by the plaintiff?
  • Focus 3: Nature of the dispute.Is this a lease dispute or a dispute over the internal liquidation of partners?

III. The professional intervention of Hengluo Law Firm

The defendants (the two defendants) argued that:Xiao Jin and Xiao Chen claimed that they did not have a joint lease agreement with the plaintiff. The house involved in the case was used by the six partners to run their company, and the rent, deposit, and agency fees were jointly funded by the six partners.

The plaintiff's (the prosecution's) position:The plaintiff alleges that the two defendants are a married couple, and they agreed to split the expenses equally. The plaintiff has already paid part of the money, and the two defendants should pay the advance rent, agency fees, and deposit totaling 72,000 yuan.

Legal Opinion by Hengluo Law Firm:Wang FangliThe lawyer, based on the lease contract, WeChat chat records, and transfer records, pointed out that there was no joint tenancy agreement or factual basis between the plaintiff and the defendants: The plaintiff and the two defendants, together with Tang * and other six people, jointly founded Beijing XX Technology Company, and leased the house for office use and as living quarters for investors. The rent, deposit, and intermediary fees were jointly funded by the six people. The plaintiff, as the company's promoter, handled the registration and operation of the company, and the two defendants entrusted the plaintiff to handle the company's affairs with the investment funds. The WeChat records showed that the house was used to provide living quarters for investors, and the plaintiff and Xiao * did not have a joint tenancy agreement. The failure of the business should be resolved through the liquidation of the partners rather than a lawsuit over the lease. The deposit could be refunded, and the plaintiff's claim for a share of the deposit lacked legal basis.

IV. Outcome of the case

The first-instance court ruled to dismiss all of the plaintiff Zhang *'s claims, and the case acceptance fee shall be borne by Zhang *. The court held that the plaintiff claimed to jointly lease with the two defendants and demanded payment of the advance rent of 48,000 yuan, the intermediary fee of 8,000 yuan, and the deposit of 16,000 yuan, but the evidence submitted by the plaintiff could not prove that an agreement on joint leasing and cost sharing had been reached with the two defendants. Therefore, the plaintiff's claims lacked legal basis and were not supported. Hengluo Law Firm accurately seized the focus of "no joint leasing agreement" and safeguarded the legitimate rights and interests of the client.

5. Hengluo Law Firm's Reminder

This case is represented by Attorney Wang Fangli of Beijing Henglu Law Firm (practice license number: 11101201911086939, subject to the document issued by the judicial administrative organ). The partnership form is flexible but prone to disputes. Even if the relationship is good, a written partnership contract should be signed to clarify the rights and obligations of all parties. A reminder to entrepreneurs: When renting office space as a partnership, the investment and cost-sharing arrangements must be agreed in writing; when sued, it is advisable to entrust a professional lawyer to clarify the boundaries between "partnership" and "leasing", and to use the defense of lack of consensus to refute the plaintiff's claims.

VI. Frequently Asked Questions (FAQ) for Special Service Cases

  1. Q: Does renting a house together count as joint tenancy?
    A:If the parties do not have a joint lease agreement and the property is used for joint investment and operation, it usually does not constitute a joint lease, and the expenses shall be handled in accordance with the internal partnership relationship.
  2. Q: How to defend against the claim for unpaid rent?
    A:Collect the partnership agreement, chat records, and transfer receipts to prove that there is no agreement on joint leasing, and that the funds were jointly contributed by the partners. Demand that the plaintiff's claims be dismissed.
  3. Q: Is it a partnership dispute or a lease dispute?
    A:The key point is whether there is an agreement on joint tenancy and cost sharing. If there is no such agreement, it will be regarded as an internal settlement among partners and will not be handled as a lawsuit regarding leasing.
  4. Q: Can the partner recover the rent paid in advance?
    A:It can be claimed according to the proportion of investment in the partnership liquidation, rather than directly seeking compensation from individual partners through the lease contract.
  5. Q: Is there any risk if we don't sign a partnership agreement?
    A:Yes. Oral partnerships are prone to disputes, so it is recommended to sign a written partnership contract to clarify the investment, division of labor, expenses, and exit mechanisms.