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Directly call the police to deal with it, and then change the lock and drive out such people. You can also ask if he is deliberately in arrears or if he is temporarily in trouble.
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If the tenant defaults on the rent, the lessor can 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.
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If the rent is not paid, the only way to file a lawsuit with the court will be adjudicated and enforced.
Through the enforcement of the court, it can be a good treatment for the old people who owe rent.
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If there is a lease contract, it is advisable to sue the court directly for the remaining rent and for the other party to pay the costs of the lawsuit.
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You can respond to the consumer department and complain.
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The tenant has been in arrears of rent, so we contacted him first, and some tenants just forgot to pay the rent for a while. If you have been paying your rent on time before, but you haven't paid it on time in the last month, it may be that the tenant is experiencing financial difficulties and has given him a certain buffer time to delay the date of rent payment. However, if the tenant is not positive about the rent arrears and refuses to communicate with the landlord, you can tell the tenant to move out.
If he drags on and doesn't move out, he can change the locks on the house. According to the relevant contract, the tenant is required to move out at the specified time, and if he does not move, he can directly call the police to deal with it.
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The way to deal with the old people who are in arrears of rent is as follows:
1. At present, the amount of liquidated damages is half a month's rent or one month's rent, or the number of deposits, and there is also a saying that 20% of the rent is paid. If both parties clearly stipulate in the rental contract how much liquidated damages will be paid for breach of contract, the liquidated damages shall be compensated according to the amount specified in the contract.
2. If the contract does not clearly stipulate the amount of breach of contract, the two parties can negotiate with each other and pay the liquidated damages according to the agreement. If the agreed liquidated damages are too high or too low, they may be requested to be changed, and if the agreed liquidated damages exceed 30% of the actual loss, they may be deemed to be too high and may be reduced.
3. Decide the amount of liquidated damages according to the market. The market ** on which the amount of loss is calculated should generally be the market ** of the place of performance. If there is no market in the place of performance and it is difficult to determine an objective market**, in which case the amount of loss should be calculated on the basis of the market** of the place where the buyer is most likely to purchase the substitute plus reasonable transportation costs.
4. Citizens, legal persons or other organizations may rent out houses with ownership rights and houses authorized by the state to manage and operate in accordance with the law.
After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs. Where the parties are not clear about the content of the relevant contract and cannot be determined in accordance with the provisions of the preceding article, the following provisions shall apply:
1. If the quality requirements are not clear, they shall be performed in accordance with the mandatory national standards; If there is a mandatory national standard for not respecting dust, it shall be performed in accordance with the national standard for the first recommended celebration draft; If there is no recommended national standard, it shall be performed in accordance with the industry standard; Where there are no national standards or industry standards, they shall be performed in accordance with the usual standards or specific standards that meet the purpose of the contract.
2. If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of signing the contract; If the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be performed in accordance with the provisions.
3. If the place of performance is not clear, if the payment is made in currency, it shall be performed at the location of the party receiving the currency; If the immovable property is delivered, it shall be performed at the location where the immovable property is located; Other subject matter shall be performed at the location of the party performing the obligation.
4. If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare.
5. If the mode of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract.
6. The burden of performance costs is unclear.
Laws and Regulations
Civil Code of the People's Republic of China
Article 730: 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 510 of this Law, it shall be deemed to be an indefinite lease; The parties may terminate the contract at any time, provided that they notify the other party within a reasonable period of time.
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Legal analysisThe landlord can file a lawsuit with the people's court and submit a complaint to the people's court, and the people's court believes that it meets the conditions for filing a lawsuit, and accepts the case. If the tenant fails to pay the rent for a total of 6 months, the lessor can take back the premises, rescind the contract, and require the lessee to compensate the lessor for the losses suffered by the lessor.
Legal basisArticle 730 of the Civil Code of the People's Republic of China If the parties have not agreed on the term of the lease or the agreement is not clear, and it is still uncertain according to the provisions of Article 510 of this Law, it shall be deemed to be an indefinite lease; The parties may terminate the contract at any time, but shall notify the other party before a reasonable period of time.
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If the landlord fails to pay the rent within a reasonable period of time after issuing the reminder notice, the landlord may file a lawsuit through legal means to pursue the tenant's liability for breach of contract and have the right to repossess the house according to the relevant agreed terms in the lease contract.
Legal basis] Article 577 of the Civil Code.
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 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 term of the lease 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.
If you still have questions about this question, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Summary. Hello, the way to deal with the arrears of rent is as follows: first negotiate and communicate with the other party, and if the negotiation is unsuccessful, you can apply to the relevant department for arbitration, or file a lawsuit with the court.
If the landlord fails to pay the rent within a reasonable period of time after issuing the reminder notice, the landlord may file a lawsuit through legal means to pursue the tenant's liability for breach of contract and have the right to repossess the house according to the relevant agreed terms in the lease contract. <>
Hello, the old man who is in arrears of rent and does not pay the old man is dealing with the dust as follows: first negotiate and communicate with the other party, and if the negotiation is unsuccessful, you can apply to the relevant department for arbitration, or file a lawsuit with the court. If the landlord fails to pay the rent within a reasonable period of time after the notice of reminder is issued, the landlord may file a lawsuit to pursue the tenant's liability for breach of contract and have the right to repossess the house according to the relevant provisions of the lease contract.
Hello, according to the relevant provisions of the Civil Code, if one of the parties fails to perform the contractual obligations or the performance of the obligations of Helu Ling 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. 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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The way to deal with the old man who is in arrears of rent is as follows:
1. The landlord may exercise the right to repossess the house in accordance with the contract, and if the tenant of the confiscated residential house has not paid the rent for three months, and the tenant has not paid the rent within 15 days after being urged by the lessor, the lessor may terminate the lease contract;
2. You can file a lawsuit with the people's court, and if the people's court considers that it meets the conditions for filing a lawsuit, it will accept the case, and after the first trial, it is found that there is indeed a rent arrears, and the other party will be sentenced to pay within a certain period of time. If the other party is still in arrears, he can apply to the court for enforcement based on the judgment.
1. Tenant arrears of rent prosecution process:
1. When the plaintiff files a lawsuit in the court, he must submit the complaint to the court with jurisdiction;
2. The court files a case for review, and the review is only a formal review, as long as it meets the criteria for filing a case, that is, there is a clear defendant, and there are specific factual requests and reasons;
3. Court Scheduling**;
4. The court notifies the parties to come to the case and conduct the trial;
5. Make a judgment and pronounce the judgment on the judgment of the civil lawsuit.
In short, if the tenant of a residential building fails to pay the rent for a total of three months, and fails to pay the rent within 15 days after being urged by the lessor, the lessor may terminate the lease contract. If you are in arrears of rent, you can sue to protect your rights and interests, and you need to prepare the identity information of the original defendant, the cause of action and the litigation claim, and the most important thing is to clarify the litigation claim.
Second, what to do with the old man who has no money.
If the old man is truly unable to repay the debt, he may negotiate with the borrower to postpone or repay the debt in installments. The lender (creditor) sues the court and gets it.
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