How should I solve a housing lease dispute like mine, urgently

Hello, from your description, you can see that you met an unscrupulous landlord who paid 3000 yuan and didn't even live in the house. First of all, you have called the police, and the police station has also sent police, but you haven't seen the landlord, right? In this case, it is basically difficult to find a landlord to do mediation.

My suggestion to you is, first of all, you have a rent receipt in your hand, this is a very important evidence, you can decide the victory or defeat when you sue, you can first complain to the local housing rental management department, the general landlord rents out the house and generally has to pay taxes and fees, which is managed by this department, some places are called comprehensive management offices, and some are called housing rental offices, if they intervene, the mediation will be very strong, and the general landlords can deal with it. If this road doesn't work, then you have to go to the court to sue, you said that the court will not file a case for you without a police record, this is obviously unreasonable, you have a rent receipt in your hand, and you haven't moved in for a day, as long as you can provide the personal information of the other landlord and write a complaint, the court has no reason not to accept your case, if they insist on not accepting the police record, you can go directly to the court's leaders such as the president, discipline inspection and other complaint filing sections.

Good luck.

Housing Lease Dispute Resolution:

1. Settlement through negotiation: If the parties to the housing lease have a dispute due to the rental of the house, they shall resolve it through negotiation.

2. If the negotiation fails, the civil lawsuit or application for arbitration settlement: if the negotiation fails, the civil lawsuit or arbitration application shall be settled in accordance with the agreement in the housing lease contract.

1. What is the method of dealing with housing lease disputes?

There are four ways to resolve tenancy disputes: conciliation, mediation, arbitration, and litigation.

1. Dispute settlement is the most commonly used way to resolve disputes in the dispute resolution mechanism of housing lease contracts, which refers to the way in which both parties to the housing lease contract negotiate, compromise and make concessions orally or in writing to finally resolve the dispute. However, the settlement agreement was not enforced;

2. The buyer and seller of the housing lease contract can also go to the relevant departments for mediation on the premise of voluntariness;

3. If you are unwilling to mediate, fail to mediate, or regret it, you may file a lawsuit with the people's court;

4. The two parties to the transaction of the housing lease contract can also stipulate in the purchase contract that in the event of a dispute, the arbitration institution shall have jurisdiction.

2. How to deal with housing lease disputes.

1. Settlement of rental disputes through negotiation If the parties to the housing lease have a dispute due to the rental of the house, they shall resolve it through negotiation, and a disinterested person may be sought to be present as a witness.

2. If the negotiation of the rental dispute fails, and the mediation of the rental dispute fails, you can request mediation from the residents' self-government organization or the neighborhood committee, or you can find the relevant staff of the housing management office to resolve it.

3. If the negotiation of the rental dispute fails, and the civil lawsuit or arbitration is filed to resolve the rental dispute, the civil lawsuit or arbitration shall be applied for settlement in accordance with the agreement in the housing lease contract. Arbitration is a statutory way for citizens, legal persons or other organizations to apply to the arbitration commission for dispute resolution when there is a contract dispute or other property rights and interests dispute. 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 to arbitrate in the contract, arbitration cannot be initiated.

3. What department to solve housing lease disputes?

Housing lease disputes can be resolved by appealing to the local people's construction (real estate) department at or above the county level.

In addition, the settlement of disputes between the parties to the housing lease due to the lease of the house is as follows: first, the two parties shall negotiate and settle the dispute.

Conciliation. Under the auspices of the People's Mediation Committee, the parties to the lease and lessee have resolved their disputes and reached a settlement through voluntary consultation.

Arbitration. After the occurrence of a housing lease dispute, citizens can request an arbitration institution to determine the facts, clarify responsibilities, and make an arbitration award in accordance with the law to resolve the housing dispute.

Lawsuit. If the parties agree on litigation settlement in the housing lease contract or fail to reach an arbitration agreement after the dispute arises, they may directly file a civil lawsuit with the people's court.

Civil Code of the People's Republic of China

Article 10: The handling of civil disputes shall be in accordance with the law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.

Article 11: Where other laws have special provisions on civil relations, follow those provisions.

How to deal with disputes over housing lease contracts:

1. The parties shall negotiate and reach a consensus in accordance with the agreed content;

2. If the negotiation fails, the grassroots organization may be requested to mediate;

3. The parties to the dispute can directly sue the court;

4. If the parties to the dispute have agreed to arbitration in the housing lease contract, they may apply for arbitration.

[Legal basis].Article 186 of the Civil Code.

Where the personal rights and interests or property rights and interests of the other party are harmed due to the breach of contract by one of the parties, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.

Article 577.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 578.

If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.

Article 233.

If the property right is infringed, the right holder may resolve it through conciliation, mediation, arbitration, litigation and other means.

1 Seek legal assistance.

Tenants can seek help from their local legal aid agency or the Tenancy Dispute Resolution Department. They can advise tenants on regulations and policies, mediate disputes between tenants and landlords, and litigate before the relevant authorities on behalf of tenants.

2.Check the lease contract.

Tenants should first double-check the provisions in the lease contract on how to handle disputes. If there are no clauses in the contract, you can seek legal help and negotiate with the landlord to resolve the issue.

3.Find other places to live.

If the parties are unable to resolve the dispute through negotiation, the tenant can immediately look for another place to live. Tenants should ensure that they have a safe and legal place to live while resolving disputes, so that they do not experience additional economic and emotional burdens.

4.Report the case to the public security organs.

If the landlord places the body of the deceased in the rented property without the tenant's consent, the tenant can report the case to the local police authority. The public security authorities will investigate and solve the problem, and at the same time, the legitimate rights and interests of the tenant can be safeguarded through judicial means.

5.Take other action.

Tenants can also take other actions, such as contacting local departments and organizing social forces to defend their rights. Through these actions, tenants can enlist more support and help, strengthen their rights and ensure that their legitimate rights and interests are protected.

In short, if the landlord places the body of the deceased in the rental house, the tenant should immediately seek legal help or the help of the public security organ, and take other reasonable and lawful actions to protect his rights and interests.

Legal Analysis: Housing Lease Dispute Resolution:

1. Settlement through negotiation: If the parties to the housing lease have a dispute due to the rental of the house, they shall resolve it through negotiation.

2. If the negotiation fails, it shall be resolved by arbitration in accordance with the civil lawsuit or application agreed in the housing lease contract.

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 party concerned has not collected the liquid and used it in writing, it is impossible to confirm Article 707 If 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.

If the lease term is fixed, it shall be regarded as an indefinite lease.

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 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other items. 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.

This is an incredibly tricky question. As a tenant, you must not only protect your rights and interests at the legal level, but also need to protect the dignity of the original owner of the house and respect the legitimate rights and interests of the deceased and his family as much as possible. Here are some suggestions for the issue:

1. Understand the relevant legal system.

As a tenant, understanding the relevant legal system is the first step to protecting your rights. The provisions and regulations relating to the current law should be the first reference for tenants in dealing with such issues. In this case, according to the Property Law and the Contract Law, the property owner can enjoy certain rights such as reconstruction, use, and lease of the property.

As a lessor, the landlord should indicate in the lease contract the restrictions or restrictions on the use of the house, how to use the room, etc., should be clearly specified in the contract. If the landlord does not explicitly state these restrictions in the lease contract, the tenant can demand rescission of the contract and seek damages.

2. Communicate with the landlord.

When faced with such a tricky issue, communication with the landlord is necessary. Tenants should contact the landlord as soon as possible to express their dissatisfaction and concerns. During the negotiation, the tenant can ask the landlord to respect and dispose of the deceased's remains.

In addition, if the tenant has expressly promised in the lease contract that the remains of the deceased will not be allowed to be parked, the tenant can ask the landlord to remove the remains from the premises immediately. If the landlord refuses to do so, the tenant has the option of rescinding the lease or seeking legal assistance.

3. Apply for arbitration or sue the landlord.

If negotiations with the landlord do not result in any agreement, the tenant may consider seeking legal avenues to resolve the dispute and protect their rights. Tenants can file an application with the local property management bureau or arbitration institution to apply for arbitration of the landlord's actions and file a claim for compensation. If the issue cannot be resolved through arbitration, then the tenant can also sue the landlord in the local court and seek compensation.

Fourth, complain to the local ** department.

Another way to solve the problem is to file a complaint with the local ** department. Tenants can file a complaint with the Housing Rental Regulator or the Real Estate Market Regulator and request that they take the necessary steps to address this unfair treatment. During the complaint process, the tenant needs to provide sufficient evidence, such as the lease contract,** or witness testimony, etc.

5. Abide by the civilized legal system.

Tenants and landlords alike should respect the civilized legal system and protect the rights and dignity of the deceased and their families as much as possible when faced with such a difficult issue. For landlords, if they can't handle the issue of the deceased's remains, then they should seek professional help to solve the problem. For tenants, they should try their best to understand the landlord's plight while protecting their own interests and rights.

In short, in the face of such a troublesome situation, tenants should insist on their own rights and interests, but they should also take into account the legitimate rights and interests of the deceased and their families. By understanding the relevant legal terms and regulations, communicating with the landlord, applying for arbitration or suing the landlord, complaining to the local ** department, and abiding by the civilized legal system, the tenant can protect his rights and interests as much as possible and solve the problem of the remains of the deceased.