Recently, police office in Yiwu received public tip-offs that there were some people engaging in prostitution in one rental house. Then, the plain-cloths police arrived at the scene to investigate as well as arrested four men and four women who were suspected of being involved prostitution and whoring. Gui who was suspected of being involved organizing prostitution has been criminal detention, and the others have been administrative detention. Xu, the landlord, did not participate in organizing prostitution, but he needs to undertake responsibility and was summoned to police office. And he was administrative detained for five days and fined 500 yuan.
Those who allow others to engage in prostitution and meet condition for filing acase, shall be investigated for criminal responsibility. The article 359 of the criminal law stipulates that, those who entice, allow or introduce others to engage in prostitution, shall be sentenced to not more than five years’ imprisonment, detention or control, and be fined. Those who have serious circumstances of the case shall be sentenced to not less than five years’ imprisonment and be fined. Those who entice the girl under fourteen years old to engage in prostitution shall be sentenced to not less than five years’ imprisonment and be fined.
Those who fail to meet the standards for filing criminal cases shall be punished according to public security provisions. The article 57 of the law on penalty for public security administration stipulates that, the landlord who know that the tenant engage in criminal activities in the rental house but don’t report to the police office, shall be fined not less than two hundred yuan but not more than five hundred yuan. Those who have serious circumstances of the case shall be detained for not more than five days and could be fined not more than five hundred yuan.
The article 67 stipulates that, those who entice, allow or introduce others to engage in prostitution in the rental house shall be detained for not less than ten days but not more than fifteen days and could be fined not more than 500 yuan.
Xu, the landlord, acknowledged that he ever doubted the tenants engaged in prostitution in his rental house. But he thought he had charged rent, he did not report to the police office. The landlord who indeed doesn’t know the tenants’ illegal or criminal activities in the rental house, shouldn’t undertake obligations, while those who know but don’t report shall undertake the due obligations.
Thus, what should landlords pay attention to when renting out their houses?
The article 7 of the provisions on the administration of public security of renting out house:
First, the landlord couldn’t rent out the house to those who don’t have legal and valid certificate.
Second, before signing lease, if the tenant is temporary resident from another area, the landlord should take the tenant to police office to declare registration of temporary residence and apply for temporary residential permit.
Third, register the basic information of the tenant such as name, sexuality, age, registered permanent residence, occupation, major source of finance or work unit, and file on record in police office.
Fourth, when finding that the tenant have committed or is suspected of having committed any illegal or criminal activities, the landlord shall report to police office timely.
Fifth, the landlord shall often conduct safety inspections of the rental house as well as find and exclude unsafe hidden trouble, in order to guarantee the tenant’s living safety.
Sixth, if the landlord stop renting out house, he/she shall go to police office to go through the written off formalities.
Seventh, if a unit or individual entrusts an agent to manage the rental house, the agent shall obey relative stipulations and undertake the due obligations.
All in all, the landlord should not assume that all is well after renting out the house. In addition to providing the tenant with a safe rental house, he should pay attention to whether the tenant is engage in illegal or criminal activities in the rental house.