What to do if a tenant defaults on rent 100

In the event of a breach of contract such as rent arrears by the tenant, the landlord may require the tenant to pay the rent and bear the liability for breach of contract in accordance with the agreement between the two parties in the lease contract. In specific operations, the landlord can first negotiate with the tenant to strive to properly resolve the dispute and avoid conflicts; If the two parties fail to reach an agreement, the landlord can also file a lawsuit with the court in accordance with the law, requiring the tenant to pay the rent and bear the liability for breach of contract. The Contract Law provides:

If the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require the lessee to deliver the rent within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract. The occurrence and development of real estate lease disputes are characterized by diversity and complexity, and some disputes are more difficult to deal with, so it is necessary to analyze the specific situation and treat the specific problems on a case-by-case basis, and it is necessary to adhere to the law and use effective methods such as administrative means and mediation methods to solve them.

The Measures for the Administration of Urban Housing Leasing stipulate that the tenant must pay the rent on time, and if the contract is breached, it shall pay liquidated damages. Article 24 (4) of the Law also stipulates that if the rent is in arrears for more than 6 months, the lessor has the right to terminate the contract and take back the premises, and the lessee shall compensate for the losses caused thereby.

First of all, the landlord calls for the rent, and the two parties negotiate to settle it.

The tenant does have temporary financial problems, and the landlord should understand and suspend the collection of rent.

Of course, there may be tenants who deliberately default on rent, so they should explain their responsibilities to the tenant for rent arrears, and can resolve the dispute through mediation by the neighborhood committee or police station, and if the mediation fails, you can file a lawsuit with the people's court.

Article 227 of the Contract Law stipulates that: "If the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require the lessee to pay within a reasonable period of time."

If the lessee fails to pay within the time limit, the lessor may terminate the contract.

The lessor may make a written reminder of the rent and retain evidence in case the tenant quibbles that the demand notice has not been received.

At the time of litigation, the tenant may apply for property preservation and seize the property of the lessee, but it is not possible to seize its property and forcibly evict it on its own, and such measures can only be carried out by the court in accordance with the law, and if the lessee does not enforce it after the court hears it, it may apply to the court for compulsory enforcement.

First of all, kindly remind the tenant to see if he forgot or deliberately did not pay, if he forgot to be reminded by you, he should remember to pay the rent; But if he deliberately fails to pay and pretends to forget, then use the deposit he has mortgaged to you to offset part of the rent, and if the deadline is exceeded, you have the right to let the tenant move out. If he doesn't leave, then call the police, and if he doesn't work, go to court.

Is that okay?

This is an economic dispute, and the police don't care. At most, the police have no law enforcement power over economic disputes, so they can't do anything to the other side.

Legal analysis: Generally speaking, if the contract signed by the two parties has a liability for breach of contract for rent arrears, it shall be directly agreed in the contract.

In the event that the lessee is in arrears of rent, the lessor may not only pursue the liability for breach of contract against the lessee if it requests to terminate the contract and recover the rent arrears, but also require the lessee to pay liquidated damages and continue to perform the lease contract while recovering the rent arrears from the lessee.

If the lessee still refuses to pay, the lessor can request the court to enforce the payment of the rent due.

Legal basis: Article 722 of the Civil Code of the People's Republic of China If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request the lessee to pay the assault within a reasonable period of time; If the lessee fails to pay the Sanxiang brother after the banquet is overdue, the lessor may terminate the contract.

If the tenant fails to pay the rent on time, the lessor may negotiate with the other party to pay the rent at a reasonable time, and if the other party fails to pay the rent within the time limit, the lessor may terminate the lease contract. According to Article 721 of the Civil Code, which came into effect in 2021, the lessee shall pay the rent within the agreed period. Where there is no agreement on the time limit for the payment of rent or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the lease term is less than one year, it shall be paid at the expiration of the lease term; If the lease term is more than one year, it shall be paid at the expiration of each year, and if the remaining term is less than one year, it shall be paid at the expiration of the lease term.

If it occurs before signing the rental contract, in addition to stipulating when and how the rent should be paid, it is recommended to add a more provision for the handling of non-payment of rent on time, for details, please refer to the housing lease electronic contract of Youqu Life. Some tenants do not pay rent, but forget to pay rent for a while, as a landlord, you can remind tenants to pay rent when they have not received rent when it is due. If the tenant still does not pay the rent after reminding the tenant, you can give an appropriate reminder and talk about the possible consequences of not paying the rent on time.

For tenants who do not pay rent, the landlord will restrict the use of water and electricity, forcing tenants to pay rent.

If the tenant defaults on the rent, the lessor can pursue the tenant's liability for breach of contract through legal means and has the right to repossess the premises. In addition, if the tenant fails to pay the rent after the payment deadline, the landlord has the right to deduct the rent payable by the tenant from the deposit, but the amount deducted shall be equal to the amount of rent and liquidated damages.

Article 230 of the Property Law stipulates that if the debtor fails to perform the debts due, the creditor may retain the movable property of the debtor that is already in legal possession and has the right to be repaid in priority for the movable property.

Evidence to prove the establishment of the lease contract relationship: (1) Evidence to prove that the house has legal property rights**; (2) Lease license and lease registration certificate; (3) the existence of a housing lease contract or de facto lease relationship; (4) If the house is subleased, evidence of the legal sublease relationship shall be submitted (such as written proof that the original lessor agrees to the sublease).

According to the law, administrative car financial leasing is often referred to as "renting", the current industry mainly exists direct leasing, sale and leaseback two models, the former ownership is completely owned by the leasing company, the latter consumer can choose not to rent, rent or buy after a certain period of time. In the West, consumers often value the right to use the car, so the concept and method of leasing are very rich, while the traditional concept of Chinese people, property rights are the supreme first right, so they are often more inclined to the ownership of the car.

Renting a house requires the signing of a rental agreement, that is, a housing lease contract, which refers to an agreement in which the lessor provides the house to the tenant for use, and the tenant pays the agreed rent on a regular basis, and returns the house to the lessor in good condition when the contract is terminated. The content of the rental agreement mainly includes some rights and obligations of the lessor and the lessee, including the time and equipment of the house that the lessor needs to provide to the lessee, as well as the equipment of the housing facilities, etc., as well as some rights and obligations of the lessee to the use, protection, term and so on of the lessor's house.

Question: Last time I sent him a message, he said that it would be forwarded to me in a few days, but it has been another month and still not transferred.

No, dear, your money is still important to your face.

Renting a house requires the signing of a rental agreement, that is, a housing lease contract, which refers to an agreement in which the lessor provides the house to the tenant for use, and the tenant pays the agreed rent on a regular basis, and returns the house to the lessor in good condition when the contract is terminated. The content of the rental agreement mainly includes some rights and obligations of the lessor and the lessee, including the time and equipment of the house that the lessor needs to provide to the lessee, as well as the equipment of the housing facilities, etc., as well as some rights and obligations of the lessee to the use, protection, term and so on of the lessor's house.

Question: The rent is not much, the contract states that the rent for one year is paid in a lump sum, but he told me that the business has just opened and the funds cannot be turned, so he paid it for half a year, but the rent in the second half of the year is more than a month, I always think it is not good to open Cui, but I am afraid that he will move things and run away without paying the rent like the previous tenant.

Hello, thank you!

Under normal circumstances, the rent should be paid on the 25th of each month, and he will pay the rent on the 8th-9th of the next month every time, so next month, when you give him the rent slip, write the rent slip on the 8th, and then the cost of the days from the 25th to the 8th will be counted together, and then every month will be the 8th. It's all a small thing, why bother so much, be flexible,

It must be tough, do you have a deposit, and if you have a deposit, you can give him an ultimatum, and if you don't pay the rent, you can leave quickly. Don't be overly lenient with him, a tenant cried about his difficulties and asked me to give him a few months of leniency, but he ran away in arrears for three months. Give him ** and scold people and say cool things.

If the tenant is talking about the actual situation, it depends on the situation, don't make too stiff, face-to-face communication is the best, after all, the tenant lives in your house, don't be too stiff, no matter when you pay the rent, as long as the rent is a lot.

Hello landlord! It is advisable to communicate more, but the attitude must be tougher. If you want to renew the lease next year, you can apply in advance, pay the fee first, and then renew the lease.

If the tenant is in arrears of rent, the lessor may require the tenant to deliver within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract.

Legal basis] Article 227 of the Contract Law, if the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require the lessee to pay within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract.

Hello landlord! It is recommended to communicate face-to-face and communicate actively. If he doesn't pay it, it is recommended that he ask for help.

Legal Analysis: If the tenant defaults on the rent, the lessor can require the tenant to deliver within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract.

The lessee, also known as the lessee, refers to the party who uses the leased property in the lease contract and pays rent to the other party according to the contract. After the lessor leases out the house, it transfers part of the property rights of the house, including the right to occupy, use and earn. Therefore, the lessee has these rights.

When a transfer of ownership of the leased property occurs during the term of the lease contract, the lessee's contractual rights remain valid against the new owner. If the lease term is more than six months, it shall be in writing. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased object, resulting in the loss of the leased property, it shall not be liable for compensation. If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in losses to the leased thing, the lessor may terminate the contract and claim compensation for the loss.

Legal basis: Civil Code of the People's Republic of China

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

Article 708: The lessor shall deliver the leased property to the lessee in accordance with the agreement and keep the leased property in accordance with the agreed purpose during the lease term.

Article 709: The lessee shall use the leased property in accordance with the agreed method. If there is no agreement on the method of use of the leased item or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 500 of this Law, it shall be used according to the nature of the leased item.

Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

Article 711 If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.

If the tenant is in arrears of rent, the lessor may require the tenant to deliver within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract.

1. Can the lease contract be terminated?

The law does not clearly stipulate whether the lease contract can be terminated. However, if the following conditions are met, the lease contract may be terminated: 1. The lessee fails to use the leased property in accordance with the agreed method, resulting in damage to the leased object; 2. Sublease without authorization; 3. Failure to pay rent within the time limit.

According to Article 711 of the Civil Code implemented in 2021, if the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased property, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss. Article 716 stipulates that if the lessee subleases without the consent of the lessor, the lessor may terminate the contract. Article 722 stipulates that if the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may ask the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.

2. Is it possible to unilaterally terminate the housing lease contract?

The party to the housing lease can unilaterally terminate the housing lease contract, but the statutory conditions for termination must be met, and the statutory termination can be applied under the following circumstances:

1) If the leased property is partially or wholly damaged or lost due to reasons not attributable to the lessee, the lessee may request a reduction in rent or not pay the rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the leased property, the lessee may terminate the contract.

2) If the leased property endangers the safety or health of the lessee, the lessee may still terminate the contract at any time, even if the lessee clearly knows that the quality of the leased property is unqualified at the time of entering into the contract.

3) If the lessee fails to use the leased property in accordance with the agreed method or the nature of the leased thing, resulting in losses to the leased object, the lessor may terminate the contract and claim compensation for the loss.

4) If the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require the lessee to pay within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract.

5) If the lessee subleases without the consent of the lessor, the lessor may terminate the contract. The lessee subleases the leased premises to a third party without the consent of the lessor.

3. Is it illegal to change the lock without paying rent?

Failure to pay rent and change locks is a crime and violates the relevant provisions of the Civil Code. The lessee shall pay the rent according to the agreed period. If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.

Article 722 of the Civil Code stipulates that if the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract. (The Civil Code came into force on January 1, 2021).