My Beijing Landlord Fought the Law, But the Law Won
One of the most annoying frustrations about life in China when I first moved to Beijing was that electricity needed to be pre-loaded on to our house meter before usage. I understand this is a better control measure than an unending supply that just runs, especially in a city with millions of people who migrate or who want to save money, but inconvenient for many expats, nonetheless.
In the middle of my first winter, the electricity stopped in the middle of the night, and we had no idea what was wrong. Our landlord had initially put electricity on the meter, which we paid her for, but we were clueless about the process of recharging the meter. It’s one of those things that none of your re-settlers know that you don’t know, since they’ve never lived out of China.
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I don’t know why we were panicked the first time the juice was cut, but we did. We called one of our friends and he got up in the middle of the night to add more money to our meter. As expats from the South in the US, we felt incredibly embarrassed because it’s expected that you “grow up” in our culture. Responsible people can take care of things for themselves, or pull themselves up by “their own bootstraps.” I typically didn’t like to ask for help, and especially not for things I should be able to do on my own.
I was so happy when I learned how to use Alipay to charge money to our electricity, though I did need a friend to help set it up. This prevented almost all further problems not including the instances when the electricity shut off before I had expected, and then in turn shut down our router and internet. Since I didn’t have data on my phone at the time, I had to ride my bike to school to use the internet.
I became obsessed with making sure our electricity was always charged – even getting up in the middle of the night due to anxiety. I didn’t want to be stuck with the electricity off during a time when the neighborhood electricity office was also closed.
After we moved to a different apartment, I continued to utilize Alipay to pay for our electricity. I was really proud of myself for noticing one night that we only had RMB 300 and that I needed to put on enough for the next season. We had a big apartment and guests over often, so I guessed RMB 2,000 would be more than enough to last us for a while.
I added the RMB 2,000 to my account and had put it out of my mind until one night the electricity cut off in the middle of the night. Our guests at the time woke up along with us, and I set up a WIFI hotspot using their phone since I still didn’t have data (I finally do, by the way). I added another RMB 2,000, in a bit of shock that it ran out so fast, and went back to sleep since sometimes the system takes a while to adjust.
When I woke up, the electricity still hadn’t been adjusted. I felt sick to my stomach that so much money had somehow not ended up on our meter.
After some investigation, I remembered I had to make a separate house account on Alipay to pay for my new apartment’s electricity since it was not as easy as simply removing our old apartment from the account.
Our friends stepped in and immediately contacted the electricity company to see what could be done. Essentially, nothing. The money was already charged to the account, and they would need permission from the owners of the meter to take money off.
Our friends then called our landlord, who we thought would be reasonable, as we had separated on peaceful terms. Surprisingly, her response was that it was our fault, and that it’s major trouble for her to give us this money back, but we could go ask the people in the apartment.
Our friends took my husband and went back to the old apartment. No one answered, and we were never able to get in contact with them.
Finally, a bold friend called the electricity company. The woman at the electricity company told us every time she had ever contacted the owners of meters in this sort of case, the party who had come into the money unfairly would usually return the money. They completely understood. The mobile apps are convenient, but accidents happen. She was shocked to hear our landlord refused.
Our bold friend then contacted a lawyer. The lawyer told us that with a fapiao from the electricity company and clearly establishing that this was a former landlord, we should sue the landlord since there was no reason for her to keep this large amount of money from us.
At the pinnacle of the conflict, my bold friend told her he was going to sue her in our name, and she yelled back, “You’ll never get a cent out of me!”
Our circle of friends, all Chinese, were absolutely furious to hear that this was happening in their country and felt that such injustices were not acceptable. They said they thought instances like these contributed to the reason “everyone” dislikes landlords. They called her crooked and a shame. I was just embarrassed and wanted to hide in a hole. If only I had humbled myself to have someone help me with the Alipay, this never would have happened.
Since the old apartment contract was in my husband’s name, he had to go through the process of appearing in court, which was kind of like a bank with judges sitting behind windows. Those with complaints or small cases would take a number and then wait their turn to explain the problem.
The judge who saw my husband and friend said it was a simple case. The landlord clearly needed to return the money. Eventually the judge required her to come in person and then required her to pay for both the accidentally added money and then an additional RMB 2,000 as part of the settlement. She went on a payment plan, which is hilarious, considering she was very wealthy with a mansion in the north.
My misconception of a lawless, scam-filled China was corrected. Admittedly we succeeded because we had awesome Chinese friends willing to bear with us through the process. Of course, there was also the fapiao to prove that it was actually our money, and our landlord couldn’t prove we owed her money (since we didn’t). If anything this process made me realize if I wanted to be self-sufficient in China, I would need to learn to read the language, not just fumble through speaking it.
This post first appeared on our sister website beijingkids.
Photo: Flickr
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vanessa.jencks Submitted by Guest on Fri, 06/02/2017 - 12:28 Permalink
Re: My Beijing Landlord Fought the Law, But the Law Won
Ha justice porn. I suppose so that Chinese will more than likely win in a case of he-said, she-said. This wasn't such a case though, with the Chinese electricity company, a Chinese lawyer, the local Chinese judge, and our Chinese friend all handling the matter. Honestly, if we didn't have the guanxi with this one Chinese friend, we wouldn't have gotten our money back because he did all the hard work. He lived with us for almost a year during a financially rough time in his life, so I'm thinking he felt like it was a great way to show us his appreciation. And indeed, we were very thankful!
vanessa.jencks Submitted by Guest on Fri, 06/02/2017 - 12:25 Permalink
Re: My Beijing Landlord Fought the Law, But the Law Won
We asked our Chinese friend but he wouldn't tell us if there was any cost. He was using a lawyer he had guanxi with for advice, but he didn't need the lawyer for any official paperwork. The issue with the deposit is indeed hopeless, and there really is nothing that can be done. This was different because we could prove the money accidentally put on the meter was ours and not hers.
vanessa.jencks Submitted by Guest on Fri, 06/02/2017 - 12:22 Permalink
Re: My Beijing Landlord Fought the Law, But the Law Won
We did talk to her and her daughter very reasonably at first. Many of our friends tried, including those who had guanxi with her. She stole the deposit from our neighbor tenants who were are our friends because of our apartment. The issue is that she wanted to keep money that wasn't hers, we didn't mind letting her have money that was hers (deposit to repair a few broken things that were easy to fix). Secondly, every single Chinese person including the Chinese electricity company was on our side. The company advised us on how to get our money back. They were infuriated by her actions and they were not "our friends."
vanessa.jencks Submitted by Guest on Fri, 06/02/2017 - 12:17 Permalink
Re: My Beijing Landlord Fought the Law, But the Law Won
1 - Back in 2013 Alipay didn't have an English interface, and that's the time frame of the middle of the night school story. Also back then data wasn't as popular and was super expensive to Chinese minds, which is why this same Chinese friend helping me didn't purchase data for my plan. That's since been fixed.
2 - If I thought my landlord was a lady, I would have called her one. She lorded over us, so she deserves the name. Sorry, but not sorry you missed the point.
3 - I'm just now seeing these comments, so not sure who was deleting comments and what not.
admin Submitted by Guest on Sun, 02/12/2017 - 02:48 Permalink
Re: My Beijing Landlord Fought the Law, But the Law Won
I really don't know who is deleting the comments... even my comment on your previous comment is gone. Who's doing this ?
Blondiie Submitted by Guest on Sat, 02/11/2017 - 19:11 Permalink
Re: My Beijing Landlord Fought the Law, But the Law Won
Alright so seriously what's going on with the comments section in this shit story? Just because I was telling the truth and your writers can't take it you sneak around and delete users comments to please whoever smartass who worte this story?
Ok I'll repeat again for credibility. To the writer: you don't sound so smart if you have to cycle to some school at midnight just to use their internet instead of obtaining a phone with working internet service. Also, not being able to use alipay even though it has English interface, that sounds like a mess YOU put your landlady in and you deserve what happened to you. And as you might've noticed, it's LANDLADY not landlord. Work on your writing "skills" in you antive language before whining about users comments. Gives me a hint on how clever you are.
To the admin: grow some skin. And if you don't wanna hear your writer bitching about users comments then delete this whole dumb experince.
Shame.
Moon Submitted by Guest on Sun, 01/29/2017 - 22:50 Permalink
Re: My Beijing Landlord Fought the Law, But the Law Won
Well,what I have seen,on the other side,there are so many foreigners trying to threaten the chinese landlords by so called laws to do Ayi jobs or enjoy a VIP treatment from a 5 star hotel to satisfy their sense of vanity as a FOEIGNER here. They meet innocent local chinese friends on teh street trying to tell them a unfair story without a context and proof and use them as a muscle to against the landlord to make sure they are so exceptional and teh real OWNER OF THE ROOM.
When the conflict arise ,it's not always it's the foreigners suffer because of the language. There are too many cases just they are bunch of ungrateful wrech want attention and sense of VIP randomly from trival things.
What I want to point out which is important: If the house belong to the Landlord and he/she is not a staff of a agent,there are not so many extra sevices out there as u r suppose to take care of the room especially when things are going wrong and tell them the reason and talk kindly for a solution.
If the tones sounds like the landlord break in the house and ruin foeeigners lives . U wont get responsible response,as losing the basic manner sounds like a robber make people sick the frist place.Is that also the main culture in western countries? I mean talk like a robbers to their landlord?
Finally ,those pathetic chinese firends foreigners are like to grab that randomly against to sb else when they want to seek vanities purely are not TRUE FRIENS. They are just a tool of GUAN XI prepared in a wild fight which cant last long unless u guys have inteast to exchange
In conclusion,both chiense and foreigners should not pretend to understand the whole stories by just a emotional outhouse talking. As it could be a star of wrong judgment and waste out energy and time.If u dont want to appear too folish in the end .Sometimes the talking doesnt respect u at all at the first place because he/she just simply a TAKER here looking for free GIVER
Tim USA Submitted by Guest on Thu, 01/26/2017 - 13:33 Permalink
Re: My Beijing Landlord Fought the Law, But the Law Won
Very lucky as reality is 99.99% of all cases in china will always find for the chinese, regardless of guilt or what is truly right... the justice system here is strictly following one guideline when a foreigner is always find for the chinese regardless..... even if you win, you will loose.....
so yes, sounds like justice porn......
I am here Submitted by Guest on Wed, 01/25/2017 - 11:11 Permalink
Re: My Beijing Landlord Fought the Law, But the Law Won
It's a good story and a good article but she was in truth lucky. The legal system here makes it difficult to sue people and the costs being high enough that it is usually not worth it. You also need 50% or more in proof which is why many cases are not seen. Furthermore, she doesn't discuss the expenses and time that was required. It's not as easy as suing someone back home or as she makes it out to be. There are often cases of the landlord keeping one's deposit, as well as employment issues where the victim just takes the loss.
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