Housing lease sublease disputes, housing sublease disputes

1. Testimony of neighbors; Audio evidence of the parties' arguments; If the business address on the business license or tax registration certificate of Party C or Party D is the address of the house, it should also be proved.

2. There is no need to wait for one year to expire, because Party B has breached the contract, you can notify Party B to terminate the contract at any time, preferably in writing, and give the other party a reasonable period of time. Upon the expiration of the time limit, Party B will not perform and file a lawsuit with the court. When the time limit expires and the contract is terminated, Party D may be required to move out.

3. The court supports the recording evidence obtained under normal circumstances.

4. In the complaint, the contract may be required to require liquidated damages. The method you said should be feasible, it is difficult to say that you will win, it depends on the judge.

5. Your lease contract is signed with Party B, there is no Party D, there is no statement that Party B and Party D share the lease, and the court does not support it.

1.It can be used as evidence, but the strongest evidence is their sublease contract.

2.If the evidence is strong, of course, it is now more beneficial for you to directly sue Party B for breach of contract.

3.can be used as evidence.

4.These can be used as a condition for your settlement negotiation, and the court will not rule on that.

5.It is possible that a lawsuit is a case of evidence.

First of all, the real estate certificate is your name, only the contract between you and the renter is valid (except for the written agreement), you just sign a contract with Party B, if you want Party D to forcibly move out, then Party D will find Party C, Party C will find Party B, Party B will come to you, now as long as you coax the user away, the problem can be solved, the deposit does not have to worry, the role of the deposit is to say that if Party B is liable for breach of contract, you do not pursue it, he should not be held accountable, if he wants to pursue it, he will compensate for the other 40% of the liquidated damages. Of course, it's good to have their contract, but don't get that, so as long as you drive the tenant away now, if you go, there will be nothing, if you don't go, you can sue, the court will ask him to provide a lease contract, there is no contract or it is not the name on the real estate deed, because the subject of the contract is invalid, the contract is invalid (except for the power of attorney on the real estate deed).There are several conditions for the formation of a contract:

First of all, both parties have the capacity to act in the contract, secondly, the contract is the true will of both parties, thirdly, it does not violate laws and regulations and damage the interests of the country and the people, and finally, the subject matter of the contract exists and is possible, and the lessee now does not meet the first and third fourth, so the contract in his hand is invalid and has no binding force on the house with you, so you have the right to repossess the house. and can also ask Party B to compensate you for your losses.

The lessee shall also be liable to the lessor for the damage incurred by the cause for which the sub-lessee is liable, and the lessee shall be liable for damages as long as the fact of the damage has occurred and is attributable to the sub-lessee.

2.The lessee is a sublesser, and the sublease relationship between the lessee and the sublessee is no different from that of a general lease.

Legal basis: Article 715 of the Civil Code of the People's Republic of China The lessee may, with the consent of the lessor, improve or add other things to the leased property. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

Now the rented house was originally real estate, now do garment production, the real estate sold the house, the new owner wants me to move out next year, I signed a three-year contract with the original real estate, October this year is the second year, and the original real estate signed a contract for breach of contract, due to Party A's reasons Party B can not rent, Party A in addition to bear 20% of the annual rent as liquidated damages, but also bear the economic losses caused to Party B, and the early termination of the employee labor contract and pay liquidated damages to employees, labor compensation;

Now the new landlord grabbed me a question, and the contract signed with the real estate at that time stipulated that if Party B subleases the rented house to others without authorization, Party A has the right to terminate the contract, and Party B should also bear 20% of the part that has not been changed as liquidated damages

Now I rent one of the houses to a friend, but I don't think it's a sublease, at most it's a shared lease, and I don't have a contract with my friend, it's just a verbal agreement. Besides, the real estate also knew about this matter at the time, and now he uses this issue to say that I am in breach of contract.

I would like to ask if the new landlord, Minna, asks me about the breach of contract with this clause, am I really in breach of contract?

1. Housing sublease refers to the act of the tenant releasing part or all of the rented house during the lease period, including delivering the leased house to others for use in the name of joint operation, contract operation and cooperative operation and obtaining the guaranteed income of the rental group, which is a housing sublease;

2. Now, you have rented one of them to a friend, although there is no written contract, but in fact your behavior has constituted subletting;

3. If the new landlord has evidence to prove (such as witnesses, ** recordings, etc.) that you sublet the house to a friend, then you have the legal risk of bearing the liability for breach of contract;

4. As for yourself, you can inform the new landlord that you just temporarily asked a friend to put the goods in your rented house, and did not get any benefits. This is because if you want to be considered a sublease, you must aim to obtain rental income, and if there is no income, the new landlord's view that you are subletting cannot be valid.

1. Negotiate and solve: find the local police station or neighborhood committee, sub-district office, construction committee (responsible for renting and other issues) or intermediaries for coordination.

2. Application for arbitration to solve the problem: Arbitration is a statutory way to apply to the arbitration commission for dispute resolution when there is a contract dispute or other property rights and interests dispute between citizens, legal persons or other organizations. However, if the parties use arbitration to resolve the dispute, the parties shall voluntarily agree in the contract in advance or reach an arbitration agreement afterwards.

If there is no prior agreement in the contract, and the parties do not reach an arbitration agreement afterwards, the arbitration commission will not accept the application for arbitration if one party applies for arbitration. On the contrary, if the parties have agreed in the contract in advance and have reached an arbitration agreement before or after the round, one party will file a lawsuit with the court, and the court will not accept it. Arbitration has the effect of a judicial act, and once the judgment takes effect, the parties may not file a lawsuit in the people's court for the same dispute.

3. Civil litigation to solve the problem: If the parties agree on the settlement of litigation in the housing lease contract or do not reach an arbitration agreement after the dispute occurs, they can directly file a civil lawsuit with the people's court. If the party to the lease violates the relevant provisions and the lease contract is invalid, it shall bear civil liability in accordance with the law.

If one of the parties to the lease fails to perform its obligations under the relevant laws, resulting in the termination of the lease contract, the party that fails to perform the prescribed obligations shall bear civil liability in accordance with the law; Where property damage or personal injury is caused to the other party or a third party, liability for compensation shall be borne in accordance with law.

Risks of subletting of the premises.

1. Rent cannot be collected.

Failure to collect rent is the most common, so this is also a top concern for landlords. If the tenant is in arrears of rent for various reasons, it may stipulate in the housing lease contract a breach of contract clause including rent arrears. The lease contract stipulates that if the rent is in arrears for more than 2 months, the lessor may terminate the lease contract and require the lessee to compensate for the loss.

2. Improper use of the house.

Abusive home, such as changing residential use or modifying it without permission, poses an unexpected risk to landlords. For local landlords, they have to be diligent. Whenever they have the opportunity, they must go to the rental house to inspect it to prevent it from being used improperly.

3. Joint and several legal liability.

If the tenant violates the law and discipline, the landlord will also be implicated. In accordance with the requirements of the public security department for the management of the floating population, a nationwide rental housing filing system has been established. Therefore, the lessor will also bear the corresponding security responsibility, and will be traced and held accountable.

Therefore, it is necessary to strengthen the management of rental housing.

4. Tenant "malicious attachments".

With the consent of the landlord, the tenant renovates on behalf of the landlord, but there are often cases of "malicious additions".