The landlord collects the rent and does not sign the contract, how can the law solve it

If the landlord collects the rent and does not sign the contract, he can sue the court and ask the landlord to return the deposit.

According to the law, if the landlord breaches the contract, the tenant may require the landlord to bear the liability for breach of contract according to the provisions of the rental contract; If the tenant suffers losses due to the landlord's breach of contract, the tenant may claim compensation for the losses, and the specific amount of compensation shall be determined according to the specific losses of the tenant.

If one of the parties fails to perform the debt or the performance of the debt does not conform to the agreement, and the performance cannot be compulsorily performed according to the nature of the debt, the other party may request it to bear the cost of substitution performance by a third party. If the performance does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. If there is no agreement on the liability for breach of contract or the agreement is not clear, and it cannot be determined according to the provisions, the injured party may, according to the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear the liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses. If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

Article 577 of the Civil Code of the People's Republic of China: Where 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 liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where 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 that it bear liability for breach of contract before the expiration of the performance period.

The rental contract is not signed, so it is recommended to negotiate. If the landlord breaches the contract, the state does not have a uniform standard of compensation. According to the relevant laws and regulations, if the landlord breaches the contract, the tenant may require the landlord to bear the liability for breach of contract in accordance with the provisions of the rental contract, and if the landlord breaches the contract and causes losses to the tenant, the tenant may claim compensation for the loss, and the specific amount of compensation shall be determined according to the specific loss of the tenant.

Legal analysis

The validity of a contract refers to the legal binding force of a contract established in accordance with the law and protected by law, and the obligations of the parties to the contract that must be fulfilled in the contract shall not be changed or terminated without authorization, that is, the legal effect. This legal effect does not mean that the contract itself is law, but that since the will of the parties to the contract is in line with the will of the state and the interests of society, the state gives binding force to the will of the parties to the contract, requiring the parties to the contract to strictly perform the contract, otherwise relying on the coercive force of the state, the parties are required to perform the contract and bear the liability for breach of contract. It is not illegal, but in order to avoid future disputes, try to sign a written contract and do not sign, it is an indefinite lease, both parties can notify the other party to terminate the contract at any time, and the relevant laws stipulate that the lease period is more than six months, and the written form shall be adopted.

If the parties do not adopt the written form, it shall be regarded as an indefinite lease. Where the parties have not agreed on the term of the lease or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, it shall be deemed to be an indefinite lease. The parties may terminate the contract at any time, provided that the lessor shall notify the lessee of the termination of the contract within a reasonable period of time.

Legal basis

Article 469 of the Civil Code of the People's Republic of China: When parties conclude a contract, they may use written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed. Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Article 107 of the Contract Law of the People's Republic of China stipulates that 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. Try to use the principles of civil law to analyze this legal provision.

Legal analysis: The rental contract is not signed, it is recommended to negotiate. For leases of more than six months, a lease contract shall be signed.

If no contract is signed, it shall be regarded as an indefinite lease contract. If the landlord breaches the contract, the state does not have a uniform standard of compensation. According to the law, if the landlord breaches the contract, the tenant can require the landlord to bear the liability for breach of contract according to the provisions of the rental contract; If the tenant suffers losses due to the landlord's breach of contract, the tenant may claim compensation for the losses, and the specific amount of compensation shall be determined according to the specific losses of the tenant's response.

Legal basis: Article 707 of the Civil Code 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.

The landlord's refusal to collect the rent is a breach of contract. A landlord's refusal to accept rent generally means a reluctance to rent out. If the lease contract has not expired and the lessor terminates the contract, the lessee may not agree to terminate the contract, request continued performance or require the landlord to refund the remaining rent and bear the liability for breach of contract.

Legal basis

Article 577 of the Civil Code of the People's Republic of China.

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 579.

If one of the parties fails to pay the price, remuneration, rent, interest, or fails to perform other monetary obligations, the other party may request payment.

Legal analysis: The landlord Songwu Xing does not sign the contract and only collects the rent, which does not protect the interests of the tenant, but it is also necessary to look at the previous rental contract and do it according to the agreement. If the tenant subleases the house without the consent of the lessor, the original lease contract is valid, but at this time, the landlord can exercise the right of rescission to request the repossession of the house or the landlord acknowledges or acquiesces in the sublease, and the lease contract continues to be valid.

Legal basis: Article 119 of the Civil Code of the People's Republic of China is a contract established in accordance with the law and is legally binding on the parties.