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If the tenant rents the landlord's house for living or business operation, he must be able to pay the rent and deposit on time, and if he does not pay the deposit on time, it is a violation of the relevant provisions of the rental contract, and the landlord must also take certain measures to solve such problems. So, how to deal with the breach of contract of not paying rent? Generally speaking, the contract signed by both parties should have a liability for breach of contract for non-payment of rent.
Just do it according to the contract. Generally, the rental property is repossessed unconditionally. If the lessee delays or refuses to pay the rent without justifiable reasons, the lessor may require the lessee to pay liquidated damages in accordance with the contract.
If the tenant fails to pay the rent for a total of 6 months, the lessor can take back the premises, terminate the contract, and require the lessee to compensate the lessor for the losses suffered by the lessor. If the lessee still refuses to pay, the lessor can request the court to enforce the payment of the rent due. As for the liability for breach of contract arising from rent arrears and the amount of liquidated damages, this is the legitimate rights and interests enjoyed by the lessor in accordance with the law or contract.
In the event that the lessee is in arrears of rent, the lessor may not only pursue the liability for breach of contract against the lessee if it requests to terminate the contract and recover the rent arrears, but also require the lessee to pay liquidated damages and continue to perform the lease contract while recovering the rent arrears from the lessee.
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Do you have an ID card If you have one, you can go to the police and try it.
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Hello, as long as you sign a rental contract with the tenant and file it in the public security system, if the tenant runs away in arrears of rent, you should immediately report to the police to solve it. If you do not file with the public security system and do not sign a rental contract, it is an illegal lease, and you can only solve the rent arrears by yourself. Hope mine is helpful to you.
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In the event of a breach of contract such as rent arrears by the tenant, the landlord may require the tenant to pay the rent and bear the liability for breach of contract in accordance with the agreement between the two parties in the lease contract. In specific operations, the landlord can first negotiate with the tenant to strive to properly resolve the dispute and avoid conflicts; If the two parties fail to reach an agreement, the landlord can also file a lawsuit with the court in accordance with the law, requiring the tenant to pay the rent and bear the liability for breach of contract. The Contract Law provides:
If the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require the lessee to deliver the rent within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract. The occurrence and development of real estate lease disputes are characterized by diversity and complexity, and some disputes are more difficult to deal with, so it is necessary to analyze the specific situation and treat the specific problems on a case-by-case basis, and it is necessary to adhere to the law and use effective methods such as administrative means and mediation methods to solve them.
Measures for the Administration of Urban Housing Leasing stipulates that: undertake.
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According to the contract signed by both parties and the actual performance, if the other party makes the contract unable to continue to perform or there is a breach of contract, it can sue to claim the termination of the contract, pay back rent and pay liquidated damages.
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Find his guarantor. Find out what contract you have signed. Find out his ID number, and if you owe too much, you can call the police.
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Generally speaking, the tenant can only consider the way of court litigation to solve the problem, and there is no other way to solve it.
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If the amount of rent owed is relatively large, sue the court, and if the amount is not large, forget it, and you can't afford to toss.
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In general, in this case, you may not be able to find it, and you need to call the police immediately and go through legal procedures.
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If necessary, you can sue in court.
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I think I'm unlucky, pay attention next time.
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Isn't there information about renting a house, the Internet is so developed, he can't escape! Well.
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Don't you have a deposit? You've taken his deposit, and that's about the same.
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Legal analysis: If the tenant does not pay the rent, he can first demand that he pay within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract.
Legal basis: Civil Code of the People's Republic of China
Article 721 The lessee shall pay the rent within 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 period; 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 the rent 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 the tenant defaults on the rent and does not pay, it can be dealt with in the following ways:
1. You can negotiate with the tenant to let the tenant pay the rent within a certain period of time;
2. If the tenant refuses to negotiate, or fails to pay the rent within the time limit, the landlord can choose to solve the problem by litigation, request the people's court to terminate the labor contract, and require the tenant to pay the arrears of rent.
Civil Code of the People's Republic of China
Article 721 The lessee shall pay the rent within 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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What to do if the tenant runs away without paying the rent
1. The tenant shall fully fulfill his obligations and pay the rent on time according to the agreement. If the tenant defaults on rent, the landlord can issue a reminder letter, but if the tenant continues to default, it is recommended to file a lawsuit in court;
2. If the contract stipulates that the contract can be terminated if the rent is in arrears, the landlord has the right to terminate the lease contract;
3. Legal basis:
1) Article 60 of the Contract Law [Strict Performance and Good Faith] The parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
2) Article 93 of the Contract Law [Termination of Contract] The parties may terminate the contract if they negotiate with a brother and bring the file.
The parties may agree on the conditions under which one party may terminate the contract. If the conditions for rescission are fulfilled, the person with the right to terminate the contract may terminate the contract.
How to calculate rent
Surcharge rate method. The surcharge method is a method of calculating rent by adding a specific ratio to the price of equipment or the estimated cost of the leased asset. The specific ratio is determined by operating expenses and expected profits.
Annuity Law. The annuity method is a rent calculation method based on the present value theory of annuities. That is, the rent calculation method in which the rent of a leased asset is converted into the present value at a certain interest rate in the future lease term, so that the sum of its present value is equal to the estimated cost of the leased asset.
Cost method.
The cost method refers to the agreement between the two parties to the lease contract when signing the lease contract, and the principal is recovered in each period according to a certain law, plus the interest receivable is the rent of each period.
Envy irregular rents.
That is, the rent calculation method with a grace period for rent payment, the length of the grace period has an impact on the total rent, and the specific calculation formula is to add the interest of the grace period to the estimated cost, and then use the equal annuity method to calculate the rent for each period.
Floating rate rents.
During the lease period, the interest rate changes with the market, and the interest rate is different when calculating the rent for each period. The floating interest rate generally uses the LIBOR rate (i.e. the London Interbank Offered Rate) plus a certain interest rate spread as the rental interest rate, generally using the LIBOR interest rate plus the interest rate spread on the start date of the lease as the interest rate to calculate the first installment rent, and the LIBOR interest rate plus the interest rate spread on the first rent repayment date as the interest rate for calculating the second instalment of the MPF, and so on, to calculate the interest rate of each subsequent period, so as to calculate the rent of each period.
The above content is related, the landlord can directly call the police to deal with the situation of not paying the rent, and then find someone to let him move out and compensate for the loss, the current rent is generally not very expensive, and the landlord chooses to forget it in such a situation.
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1. Regardless of the size of the amount, it can be dealt with through oral litigation, which is a very simple judicial procedure, and there is no need to go through summary trial in this case.
2. Through oral litigation, the landlord can stop 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. In this way, it is possible to repossess the dwelling relatively quickly. If the landlord really needs the house urgently, if the tenant owes a small amount, the landlord can terminate the contract immediately and ask the tenant to move out of the rental immediately without waiting to repay the arrears.
3. When the arrears do not exceed RMB, the landlord can claim repayment of the arrears through oral litigation, as well as some other related expenses, such as water, electricity, gas, etc. This approach does not require a lawyer or a litigator.
4. If the arrears exceed the limit, it can be handled through summary trial. Lawyers and litigants are not required in this case, regardless of the amount, but court fees are required as in oral proceedings. If the tenant still does not cooperate, he can directly apply for a property freeze.
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If a tenant owes you a lot of money and leaves suddenly, here are some things you can consider to deal with:
1.Communicate and find tenants: First, try to communicate with your guests about why they owe rent and leave suddenly. Contact them via **, text message, or email and leave a detailed notice asking them to pay off their rent and other expenses as soon as possible.
2.Check the pre-law contract: Double-check the lease agreement you have with the tenant and look at the terms of rent arrears and early termination. Determine your rights and responsibilities and understand the applicable laws.
3.Seek legal assistance: If a tenant does not respond or refuses to comply with their contractual obligations, you may want to consult a local legal professional or seek legal assistance to understand your rights and legal steps to take.
5.Find new tenants: At the same time, you can find new tenants to fill vacancies as soon as possible, and make sure that future leases clearly stipulate terms for rent payments and late payments to reduce the occurrence of similar problems.
Please note that laws and procedures may vary from region to region, so it is recommended that you consult with your local legal professional or relevant authority to ensure that you are following applicable law.
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At that time, the formalities and agreements when renting an apartment must be found.
Before you are ready to take various methods, you must first make sure that you are reasonable, then this requires you to prepare all the procedures and agreements signed when renting Brother Min's house, only with these, you can prove that you are justified no matter how you go, so that you can better pursue the arrears of rent.
Verbally negotiate the deadline for payment of rent.
After meeting the other party, you first negotiate with him verbally, see how to understand the reason for the other party's rent arrears, and then if the other party has no temper, then you can also let the other party take a proper concession, give the other party a clear deadline, at the latest can not exceed how long the Tan key, if the time is exceeded, automatically cleared, and then write down the IOU, and return it after having money.
As a landlord, you can't be too absolute, if the other party consciously knows that the rent is in arrears and feels guilty, then you first give a verbal warning, and then urge to pay the rent as soon as possible, if it is not given, then you must also give a verbal warning, and then prepare the next steps.
Use the law to protect their legitimate rights and interests.
If you really encounter a difficult tenant that you can't solve, then you can apply for legal assistance to protect your legitimate rights and interests, after all, we are reasonable, and the law will be on our side, so there is no need to worry at all.
In the event of a breach of contract such as rent arrears by the tenant, the landlord may require the tenant to pay the rent and bear the liability for breach of contract in accordance with the agreement between the two parties in the lease contract. In specific operations, the landlord can first negotiate with the tenant to strive to properly resolve the dispute and avoid conflicts; If the two parties fail to reach an agreement, the landlord can also file a lawsuit with the court in accordance with the law, requiring the tenant to pay the rent and bear the liability for breach of contract. The Contract Law provides: >>>More
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.
First of all, the negotiation is carried out, and if the two parties fail to negotiate, the lawsuit is brought to court. >>>More
There are two types of rent increases: the first is during the contract period. Under normal circumstances, during a contract period, the rent is agreed, for example, it is agreed that the rent for one year is 100,000 yuan and paid in half a year, but after half a year, the landlord says that the rent will be raised, which is unreasonable, and the rights and interests of the tenant are protected by law. >>>More
This matter has also bothered me for a long time, the landlord wants to increase the rent during the contract period, the landlord feels that he is reasonable, and I also feel that I am reasonable, I don't know how everyone deals with this situation? Feel free to discuss.