Does house demolition have anything to do with tenants?

generally speaking, what we understand is that the house demolition is carried out after the demolition and the owner of the house have made clear consultations, so the compensation for demolition can only be paid to the demolished person, and the tenant, as the lessee, is only the user of the house, not the owner of the house, so the tenant has no compensation for demolition.

however, the owner of the house needs to resettle or compensate the tenant, which means that the tenant is not the direct beneficiary of the house demolition, but the owner of the house needs to inform the tenant in advance and negotiate with him to terminate the lease relationship, and also needs to compensate the tenant for the renovation fee, rent, liquidated damages, etc.

In fact, if the house is leased in a legal way, the tenant can get the compensation for demolition, and the conditions that need to be met are as follows:

1. The lease contract between the landlord and the tenant expires after the demolition period is announced;

2. The lease contract between the landlord and the tenant is legal and valid, the tenant is a legal tenant, and the rented house is not an illegal building;

3. The house to be demolished is rented by private means.

in this case, if monetary compensation is given to the lessee instead of temporary housing arrangement according to the guaranteed price of 25m2 and 3m2, the lessee can get 8% of the housing compensation at this time, that is, the compensation amount of the tenant = (market unit price of x8%+ price subsidy) x the construction area of the demolished house, while the landlord, as the owner of the house, can only get 2% of the demolition compensation.

: How long will the compensation for demolition come down?

the compensation for demolition should be in place before the relocated people move. That is, the principle of compensation before relocation. This is an important principle in the demolition work and cannot be violated.

1. If compensation is made in the form of monetary resettlement, compensation will be paid after signing the monetary resettlement agreement and before house relocation;

2. If the compensation is made in the form of house replacement (compensation for resettlement houses), after signing the house resettlement agreement, the transitional expenses will be compensated for 1-2 years in one lump sum before the house is moved. If the resettlement houses are not delivered after the expiration of 1-2 years, the transitional expenses will be compensated again according to the agreement.

Legal basis: Regulations of the People's Republic of China on the Administration of Urban House Demolition

Article 3 The demolition of mortgaged houses shall be carried out in accordance with the State Guarantee Law.

article 31 the demolisher shall pay relocation allowance to the demolished person or the lessee. During the transition period, if the demolished person or the lessee arranges his own residence, the demolished person shall pay the temporary resettlement subsidy; If the demolished person or the lessee uses the revolving house provided by the demolished person, the temporary resettlement subsidy shall not be paid. The standards for relocation subsidies and temporary resettlement subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.