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This case, regardless of the amount of money, can only be dealt with through oral proceedings, which is a very simple judicial procedure and does not need to go through summary hearing. Through oral proceedings, the landlord can terminate the contract and evict the tenant, and at the same time order the tenant to repay the arrears of rent, gas, water, electricity, ** and other expenses that must be borne by the tenant.
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Rent arrears can be deducted from the deposit.
At the same time, you need to check whether there is a provision in your contract for how many days the rent can be terminated if the rent is in arrears. If so, operate on a contractual basis. If not... What kind of lease is this?!
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The landlord only came to the door to make it clear to the tenant that he needed to pay the rent, and if you didn't pay it, he could only ask you to leave. And generally renting a house is a deposit of one and three for three, and there is a deposit. You can deduct some from the deposit to make up for the landlord's loss.
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Ask the tenant on the side to see if he has forgotten. If he doesn't forget, let him pay the rent as soon as possible, otherwise he will choose another tenant.
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The tenant has paid a deposit and owes a month's rent, and the landlord should alert them and deduct the deposit.
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The positioning of the project should be comprehensively considered from all aspects, not only to deeply analyze the actual value and significance of the project in the road network, to analyze the environment and conditions of the project construction, but also to effectively combine the situation of regional economic construction. In fact, the following two ways are used: to prevent the use of too low technical standards, which will lead to the early saturation of the traffic volume of the highway before realizing the traffic life, and then to adopt the way of expansion, or to adopt the way of building a new road with the same channel; Prevent technical standards from being too high.
We should treat the problem of satisfying the characteristics of railway construction with an advanced vision, but if we are too advanced, the actual law of the development of things will be affected, and then the construction funds will be very tight, and ultimately the construction and development of the national economy will be affected to a great extent. 2.Emphasis on the functionality of the project.
In the actual implementation, we must pay attention to the degree of fit between the technical standards and the application function. The technical standards of the proposed project must conform to the actual bearing performance of the natural environment of the route corridor, otherwise the amount of work will increase, and the project cost will be increased. Preparation of estimates, budget estimates, budgets.
If the estimation results are to be more reliable and scientific, it is necessary to analyze all aspects of the project in depth, compare it with the project content of the comprehensive indicators, and make effective adjustments if necessary. The formulation of investment estimates for project feasibility studies should have good accuracy, but only by using scientific pricing basis can the project cost truly meet the actual needs of the project. 2.
In the process of formulating estimates and budgets, the engineering quantity of each stage must be strictly calculated, and it should be carried out in strict accordance with the principle of engineering quantity calculation. After the railway project budget estimate is formulated, it must be verified with the help of cost analysis. Based on the actual results of the estimate and budget, the corresponding economic indicators are obtained, and whether there is any contradiction between the indicators and the project standards and engineering quantities is analyzed; The indicators are compared horizontally with those of similar architectures of other projects, and their laws and reasons are analyzed, and the rationality of these laws and relationships is analyzed.
If there is an abnormal mutation, it is necessary to find out the cause at the first time, analyze the shortcomings in the design process, and the defects in the budget, and finally use effective measures to solve them.
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Legal analysis: This is unreasonable and unreasonable, and the law does not make mandatory provisions on the deposit standard, and it all depends on the negotiation between the two parties. The landlord does not have the right to force you to pay a two-month deposit, but you also do not have the right to force the landlord to pay a one-month deposit or only one month. If you talk about it, you will rent, and if you can't talk about it, you won't rent.
Legal basis: Civil Code of the People's Republic of China
Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.
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.
Article 722 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.
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Legal analysis: The rental deposit is generally agreed between the tenant and the landlord, and the actual deposit will generally not exceed two months. In order to ensure that the house and its appliances are not illegally resold and the utility bills are deducted, the tenant generally agrees to pay the landlord a rental deposit, and there will be a corresponding invoice after receiving the deposit.
Legal basis: Article 470 of the Civil Code of the People's Republic of China The main terms of the contract and the content of the model contract are agreed upon by the parties, and generally include the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts. Article 159 of the Civil Code of the People's Republic of China: Where a party improperly prevents the fulfillment of a conditional civil juristic act with conditions for the fulfillment of conditions and non-fulfillment for its own interests, it is deemed that the conditions have been fulfilled; Where conditions are improperly promoted, it is to be viewed as conditions not being fulfilled.
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A lawsuit can be filed in court to demand payment of the rent owed, as well as a request to evict the house and return the house to the landlord.
Article 227 of the Contract Law stipulates that if the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may require the lessee to deliver within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract.
Article 22 of the Measures for the Administration of Urban Housing Leasing stipulates 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.
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The landlord in arrears has the right to deduct from the deposit the rent payable by the tenant in an amount equal to the amount of rent and liquidated damages; If the landlord fails to pay the rent after notifying the tenant to pay the rent and fulfill the reminder obligation, the landlord may terminate the contract and pursue the tenant's liability for breach of contract.
Legal basis: Article 420 of the Civil Code.
If, in order to guarantee the performance of the obligation, the debtor or a third party provides security property for the creditor's rights that will continue to occur within a certain period of time, and the debtor fails to perform the due debts or the mortgage rights are realized as agreed by the parties, the mortgagee has the right to receive priority repayment of the secured property within the maximum amount of the creditor's rights.
Article 721.
The lessee shall pay the rent according to 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.
Article 722.
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.
Lawyer Wu Jicheng. Authentication.
Consult me. If the tenant defaults on the rent, the lessor may 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.
Legal basis: Article 721 of the Civil Code.
The lessee shall pay the rent according to 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.
Article 722.
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.
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If you owe rent for a month, you have a deposit for a month, and now you don't rent, you want to use the deposit to pay the rent of the house, which is okay, as long as you pay off the water, electricity and gas, and the house is not damaged, the deposit can be offset against Fang Xiang's quiet rent, there should be no problem.
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Under normal circumstances, landlords will not ask tenants to pay rent for unrented premises. However, if the tenant stipulates in the lease contract that the unrented rent is paid, then the tenant must pay the unrented rent in accordance with the contract.
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From the analysis of the rental contract, you want to excite the landlord to pay the rent you owe, calculate the entire cost clearly, and then when you check out, the landlord will directly return your deposit to the false lead seller to tease you. That's the process.
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Summary. According to Article 722 of the Civil Code of the People's Republic of China, 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. Mr. Ma has the right to terminate the contract, and can notify Xiang X to terminate the contract, requiring him to vacate the house within a certain period of time and pay reasonable expenses during the lease period, and if Xiang still refuses to move out at that time, Mr. Ma can change the lock of the house rented by Xiang.
I forgot to pay the rent of the room after half a year, and the tenant said that it would be paid in one month, and what should I do if I don't pay the rent after one month.
Hello. According to Article 722 of the Civil Code of the People's Republic of China, 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. Mr. Ma has the right to terminate the contract, and can notify Xiang to terminate the contract, require him to vacate the house within a certain period of time and pay reasonable expenses during the lease period, and if Xiang still refuses to move out at that time, Mr. Ma can change the lock of the house rented from Xiang.
So the legal basis is sent to you, and if he refuses, you can change the lock first, and then sue the other party to the court to protect your rights after changing the lock.
Seven months in arrears.
So your first step is to change the locks first, and then the second step is to prepare a complaint to sue the other party in court.
How much does it cost to file a court lawsuit?
Can you tell me how much is the rent for the past 7 months? I need to know this amount and calculate the legal fee for you on a pro-rata basis.
How long will it take to recover the rent?
More than six thousand. The legal fee is 50 yuan, and if you file a lawsuit, the case will be closed within three months, and the case can be recovered after the case is closed.
The standard process for you to prepare evidence and pleadings is to prepare the indictment, in duplicate, your ID card, and the lease contract of your house, and then take these things to the court to go through the formalities of filing the indictment.
He said that his company went bankrupt, and it had nothing to do with our lawsuit.
It doesn't matter, you just need to sue the defendant, regardless of whether the company goes out of business or not.
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Hello, dear. No, you can't. To rescind a lease and evict a tenant, the following conditions are usually met:
1.Contract Termination Clause: Check the termination clause in the lease contract to understand the rights and obligations between the tenant and the landlord, and the circumstances under which the termination can be made in advance.
2.Breach of contract: If the tenant violates the terms and conditions of the contract, such as failing to pay rent, damaging the property, or violating other contract provisions, the landlord can take legal action to rescind the contract.
3.Legal process: In many countries, landlords are required by law to take appropriate legal procedures to terminate their contract.
This may include filing a complaint with the court or negotiating a settlement with the tenant.
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