[Case Summary]This case involves a dispute over compensation for property damage. Ms. Wei is the owner of Shop No. 10 in a building in Chaoyang District, Beijing. On April 29, 2017, she leased the shop to Xiao * for three years. After the lease expired, Xiao * refused to renew the lease and refused to vacate the premises. The two parties had a dispute over the replacement of the water meter, and Ms. Wei's husband smashed the glass door. Subsequently, Xiao * sued Ms. Wei in court, alleging that she and her husband, together with others, vandalized the shop, causing damage to doors and windows, chairs, and aquarium fish, and requested compensation of 250,000 yuan. Ms. Wei entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiAttorney representation. The lawyer, based on key evidence such as the effective judgment of the previous case, the police station's dispatch records, and WeChat chat records, pointed out that the facilities of the house involved in the case originally belonged to Xiao *. Xiao * refused to vacate the house and never claimed that the items were damaged. The lawyer refuted her untrue claims layer by layer. The core dispute was whether Ms. Wei carried out the act of smashing and causing property damage of 250,000 yuan, and whether Xiao *'s claim was supported by evidence. Applicable legal provisions: Article 238 of the Civil Code of the People's Republic of China. In the end, the court ruled to dismiss all of Xiao *'s claims.

I. Review of the Case Facts

After the store was rented out, the tenant refused to leave. The most common searches by landlords are "What to do if a tenant refuses to vacate the premises after the lease expires?", "Can landlords forcibly evict tenants?", "What if tenants counter-sue landlords for compensation?", and "How to provide evidence in property damage compensation disputes". Ms. Wei is the owner of Shop No. 10 in a building in Chaoyang District, Beijing. On April 29, 2017, she leased the store to Xiao * and signed a "Store Lease Contract" with a three-year lease term. Now that the lease has long expired, Xiao * has no intention of renewing the contract and has ignored Ms. Wei's multiple notifications to vacate the premises. What angered Ms. Wei was that Xiao * actually filed a lawsuit against her in court. On the day of the incident, Ms. Wei and her husband went to the store with the property management to check the water meter and replace it as required by the property management. They were blocked by Xiao * and his brother on site. Due to being verbally assaulted by Xiao *, Ms. Wei's husband broke the glass door in anger, but did not damage any other items. Afterward, the two parties went to the police station together. However, Xiao * later sued Ms. Wei in court, claiming that Ms. Wei and her husband, together with others, brought toolboxes to vandalize the store, causing damage to doors, windows, chairs, and aquarium fish, and requesting that Ms. Wei be ordered to compensate for the property losses of 250,000 yuan.

II. The focus of the case

  • Focus 1: Whether Ms. Wei carried out the act of smashing and causing property damage worth 250,000 yuan.Xiao * claimed that Ms. Wei, together with others, vandalized doors and windows, chairs, and aquarium fish, causing damage. However, whether this claim is consistent with the police station's records and the situation at the scene is a prerequisite for determining responsibility.
  • Focus Two: Whether there is valid evidence to support Xiao's claim for compensation.The house involved in the case was originally rented by Xiao * to Ms. Wei, and the facilities belonged to Xiao *. Moreover, Xiao * never mentioned that the items in the store were damaged when he was at the police station, and the content of his WeChat messages contradicted his statements. Therefore, the burden of proof lies with Xiao *.
  • Focus 3: The relationship between the effective judgment of the previous case and the current case.In the dispute over the housing lease contract between the two parties, Xiao * has lost the case. However, he submitted a lawsuit in the second-instance appeal. How to use the effective judgment and existing facts to refute his new claims is the key point of this case.

III. Professional intervention by Hengluo Lawyers

The plaintiff (Xiao*) claimed that:Xiao * claimed that Ms. Wei and her husband, together with others, brought tools to smash the store, causing damage to doors, windows, chairs, and ornamental fish. He requested the court to order Ms. Wei to compensate for the property damage of 250,000 yuan.

The defendant's (Ms. Wei's) position is as follows:Ms. Wei believes that the glass door was broken by her husband in a moment of impulse during the dispute, and he did not damage any other items. Moreover, the fish tank and ornamental fish claimed by Xiao * were not damaged by her, so she disagrees to bear the liability for compensation.

Hengluo Lawyer's Agency Opinion:As the legal representative of Ms. Wei, Beijing Henglu Law FirmLi YonghuiThe lawyer has won the lawsuit in the housing lease contract dispute case between him and Xiao * (the court ruled that Xiao * should pay Ms. Wei a rent of 144,750 yuan, and the second-instance court upheld the original judgment) and sorted out the lawsuit submitted by Xiao * in the second-instance appeal. Facing the complex and intertwined circumstances and time points of the case, the lawyer patiently sorted out the case facts, checked the details, and organized the clues, putting forward three core defenses: Firstly, the involved house was rented by Xiao * to Ms. Wei, and the relevant facilities of the house belonged to Xiao * from the beginning. Moreover, after the lease expired on August 28, 2020, Xiao * refused to vacate the house; Secondly, when the two parties went to the police station, Xiao * never mentioned that the items in the store were damaged; Thirdly, according to the WeChat content sent by Xiao * to Ms. Wei, it can be judged that his statement that the fish and fish tank were damaged by Ms. Wei on the spot was not true. Based on the above facts and the previously effective judgment, the lawyer conducted a well-organized and well-reasoned defense and cross-examination, making Xiao *'s unfounded claims self-defeating.

IV. Outcome of the case

The court comprehensively and objectively reviewed the evidence involved in the case, fully considered the litigation opinions of all parties, and based on the specific circumstances of the case, concluded that the plaintiff, Xiao * , failed to submit valid evidence to support his claims in court, so his litigation requests in the case were not supported. In accordance with relevant legal provisions, the court ruled to dismiss all of the plaintiff, Xiao *'s litigation requests. At this point, Ms. Wei has won the case.Li YonghuiUnder the lawyer's representation, the unreasonable claim was successfully resolved, avoiding an inappropriate loss of 250,000 yuan.

5. Henglu Law Firm's Reminder

In disputes over compensation for property damage, the basic principle is "who claims, who provides evidence". The plaintiff must provide sufficient evidence of the damage facts, the infringement acts, and the causal relationship. This case is handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as an agent. Attorney's Tip: Property damage compensation disputes refer to disputes in which the right holder requests compensation for losses caused by damage to property. Compensation for losses is one of the most basic forms of civil liability, and the basic forms of tort liability and breach of contract liability are all damages compensation. Here, the property damage compensation mainly refers to the damages compensation after the infringement of property rights, that is, the damages compensation in the sense of the Tort Liability Law. Article 238 of the Civil Code of the People's Republic of China stipulates that if the infringement of property rights causes damage to the right holder, the right holder may request compensation for damages according to law, and may also request to bear other civil liabilities according to law. When encountering similar unreasonable claims, it is necessary to promptly entrust a professional lawyer to fix evidence and defend against them according to law.

VI. Common Questions About Property Damage Cases FAQ

  1. Q: What should I do if a tenant countersues me for damage and claims compensation?
    A:You should call the police immediately and keep the police records and photos of the scene. Hire a lawyer to obtain evidence such as WeChat messages and surveillance footage to prove that the other party's claims do not match the facts, and make them bear the consequences of failing to provide evidence.
  2. Q: How to provide evidence in a dispute over compensation for property damage?
    A:The plaintiff needs to prove the ownership of the property, the facts of the damage, the infringement, and the causality. They can provide photos, videos, repair invoices, appraisal opinions, etc. If the evidence is insufficient, they will bear the risk of losing the case.
  3. Q: If a tenant refuses to vacate the premises after the lease expires, can the landlord forcibly evict them?
    A:You cannot forcibly evict them on your own. You should file a lawsuit to demand that they vacate the premises and claim occupancy fees. After winning the lawsuit, you can apply to the court for enforcement to avoid escalating the conflict and being sued for damages instead.
  4. Q: How much do I have to pay to compensate for the broken glass door of the store?
    A:The compensation shall be limited to the actual losses, and it shall be supported by evidence of repair or replacement of the documents; if there are unsupported exorbitant demands, the court generally will not support them.
  5. Q: If the tenant refuses to vacate the premises, can I still demand the rent?
    A:Yes, if the lessee continues to occupy the property after the lease expires, it constitutes unauthorized possession. The property owner may claim occupancy fees based on the rental standard and resolve the matter through litigation.