In the rental dispute that I couldn t laugh at, I was sued by the other party in court and asked a l

The deposit ratio cannot exceed 20% of the bid, rather than 20%.Therefore, on the basis of paying a deposit of 30,000 yuan, he said that the rent you agreed on is 150,000 yuan, and there is no legal basis; If you ask for a lease of 80,000 yuan, paying a deposit of 30,000 yuan is not in accordance with the law.

The deposit is a guarantee for the main debt (the main price of the contract) because you do not have a written agreement on the rent (debt). The legal judgment has 2 outcomes:1

You negotiate the annual rent amount, and after the court mediates, you sign the contract. Deposit as rent, 2If you fail to negotiate, the court will rule against you to repay the deposit of 30,000 yuan because you cannot prove the exact amount of rent.

The law stipulates that the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered.

If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.

Article 90 The deposit shall be agreed upon in writing. The parties shall agree on the delivery in the deposit contract.

The duration of the deposit. The deposit contract is effective from the date of actual payment of the deposit.

Article 91 The amount of the deposit shall be agreed upon by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract.

It depends on what the other party says. If he does not recognize the rent you have agreed to verbally, the contract will not be valid, and you will return the deposit. The others are useless. You can ask him to pay the overdue rent.

As for what he said, 20% of the deposit is purely legally illiterate. Ignore him, and the judge will not pay attention to him unless he is a fool.

And then: the last contract has expired, which means that if you refuse to rent to him, he will have to move out. Even if the rent was 1 yuan last time, it doesn't matter what it is now. Unless he can come up with a contract to prove that he rented it for more than two years at 80,000 per year. Otherwise it's useless.

The law stipulates that the maximum amount of the deposit is 20% of the total rent. But it can be less than 20%. 200,000 yuan a year rent 30,000 yuan why can't it.

Since the other party is so ruthless, he ate his deposit, anyway, he breached the contract, and it was legal to eat it. It's a verbal agreement to do it, and you bite the bullet that it's 200,000, and he can't prove that it's the amount he said. The court won't rule him to win.

I don't think it's easy to write the amount of annual rent, is there a witness, no one can say clearly, there must be evidence, so if you don't return the 30,000 deposit, and then find a family rent, this kind of person can no longer rent to him. Of course, it's not that he says more money, more money!

Legal analysis: Generally speaking, most of them constitute civil cases, which belong to the scope of civil cases accepted by the people's courts, and a few belong to the scope of acceptance of administrative cases. However, there are also some real estate disputes that are not within the scope of acceptance by the people's courts and should be handled by other departments.

Therefore, before filing a lawsuit, you should first understand the nature of your real estate dispute and find out whether it falls within the scope of acceptance by the people's court, so as to avoid the futile judgment and repetition.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 24 The statutory jurisdiction of contract dispute cases has been clearly stipulated, that is, the people's court at the place where the defendant is domiciled or where the contract is performed shall have jurisdiction over the lawsuit arising from a contract dispute;

Article 25: Corresponding provisions have been made on the jurisdiction by agreement in cases of contract disputes, that is, the parties to a contract may agree in a written contract to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, and the place where the subject matter is located, provided that the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction are not violated.

First of all, according to the Ministry of Construction of the People's Republic of China Order No. 42 "Measures for the Administration of Urban Housing Leasing".

Article 11 During the lease term, if the lessor transfers the ownership of the house, the transferee of the house shall continue to perform the provisions of the original lease contract. If the lessor dies during the lease term, his heirs shall continue to perform the original lease contract.

So your violations are mainly there;

1.Fulfill the original contract with additional conditions, or sign a new contract without performing the original contract, otherwise the rent will not be charged.

2.Forcibly throwing out the other party's things does not comply with the provisions of the civil law, and disputes should be resolved through negotiation or litigation.

So if you go to court, you're at a disadvantage. And if you forcibly throw out each other's things, they will also claim for loss of property.

Now you should take the initiative to negotiate and settle the problem, continue to perform the original contract for 3 years, and re-sign the contract with you according to the content of the original contract, and you will collect the rent

You shouldn't throw away other people's things, you can take the initiative to go to the court to sue the tenant, and now he sues you, you can also ask a lawyer to appear in court, it is estimated that the court is mediation, and the other party is also wrong, you don't need to be too anxious.

You have the upper hand and you have property ownership of the house.

Let the landlord sue first, this lawsuit also takes time, and the landlord is estimated to not be able to provide the original condition of the floors and doors before the rental and the time these things have been used before, if you have enough time, you can also countersue the landlord for providing rental housing that does not meet the quality standards.

Hello, you can ignore it. This is the inevitable result of your normal use of the house, not that you deliberately damage the property in the house.

First, whether it is necessary to compensate for the loss of the "leased property" shall be determined by appraisal.

2. If the leased item is used in accordance with the agreed method or the nature of the leased item, resulting in the loss of the leased item, the leased item shall not be liable for damages.

citing legal provisions; Article 218 of the Contract Law If the lessee uses the leased property in accordance with the agreed method or the nature of the leased object, resulting in the loss of the leased object, it shall not be liable for damages.

First of all, the big landlord agrees to the second landlord to sublease before you can rent, otherwise the big landlord can terminate the contract and everything will be in vain.

If you can sublet the contract between the second landlord and the big landlord, if the big landlord doesn't write the name on the deposit slip for the second landlord, only the number of house deposits is written, then you can also consider paying the same amount of transfer fee to the second landlord as the deposit, and you can ask the big landlord to return the deposit when you check out.

Of course, it is okay to add a little more travel size decoration fee to the second landlord.

Article 224 of the Contract Law: Rolling over high rents.

The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid, and if the third party causes losses to the leased property, the lessee shall compensate for the losses.

If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

No, it depends on the location of the property.

In a housing lease dispute, if the lease contract has not expired, and the landlord asks the tenant to move out in breach of contract, the tenant has two options:1Require the landlord to continue to perform the tenancy contract, i.e. continue to use the premises until the end of the tenancy period; 2.

Rescinding the lease contract and holding the landlord liable for breach of contract. If the lessee fails to pay or delays in paying the rent, 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 and require the lessee to move out within a time limit.

If the parties fail to reach an agreement, either party has the right to file a lawsuit in court to resolve the dispute. The prosecution process is as follows: 1. Sue in the court where the landlord is domiciled 2. Bring materials:

The first complaint (stating the basic information of the landlord and the tenant, the claims, stating the relevant facts and reasons, etc.); Evidence (relevant rental contract, deposit receipt, relevant chat records or recordings, etc.) 3. Submit to the court case filing division, and the court of the case filing division will notify you whether to file the case within seven days. Legal basis: Article 227 of the Contract Law 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 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.

Whether it can be played depends on the specific provisions of the contract. If the other party breaches the contract, the contract may be terminated if the conditions for terminating the contract are met.

Summary. Dear Kiss I am happy to answer for you If you can't pay the rent, the landlord sues the court and recommends that you negotiate with the landlord to repay the loan in time If you owe the landlord rent and are sued, if the rent arrears are real, you should try to negotiate with the landlord to reach a mediation and settlement agreement, pay the arrears of rent in a timely manner, and minimize losses. Rent arrears are a breach of contract, and in addition to paying the arrears of rent, liquidated damages or compensation may be paid in accordance with the contract or the law.

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.

If you are in arrears of rent, you should try to negotiate with the landlord to reach a mediation and settlement agreement, and pay the arrears of rent in a timely manner to minimize losses. In addition to paying the rent arrears, you may also have to pay liquidated damages or compensation in accordance with the contract or the law. 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.

Dear, it is not troublesome to file a lawsuit in arrears of rent. The landlord needs to write a complaint, which should include the identity information of the plaintiff and the defendant and the specific claims, and submit it to the court with jurisdiction. A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to draft a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party. In cases that are decided to be accepted, the people's courts shall inform the parties of the relevant procedural rights and obligations in the notice of acceptance of the case and the notice to respond to the lawsuit, or give them an oral notice.