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Landlords Should Offer Grace Period During COVID-19 Outbreak
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In light of the coronavirus outbreak, complexities in Beijing’s apartment rental market was inevitable as renters deal with issues like unexpected income drops and inability to move once a lease has expired. In response, the Beijing Real Estate Agent Association has issued guidelines on how to deal with disputes that sprout from this special situation, Beijing Daily (ie.bjd.com.cn) reports.
The association is not a government agency and its guidelines are not legally binding, but part of the reason for their issuance was to advise landlords and agents on an issue related to Beijing municipal law: The outbreak may qualify as force majeure, and leasers may therefore be legally required to make accommodations.
While these guidelines may give renters a bit of ammunition in a quarrel with an unrelenting landlord, there are several caveats.
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Firstly, just because a dispute has arisen during the outbreak period does not mean that force majeure automatically applies. At the very least, there would have to be a clear line of causation leading up to the dispute, and other factors, such as the purpose of the contract, should be considered as well, the guidelines advise.
Second, a renter cannot claim force majeure if the issue arose before the outbreak, for example, if the renter was already behind on rent payments.
READ: Why Hand-Washing is More Important Than Wearing a Mask
Image: Know Your Meme
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