Who should I talk to to to to resolve a dispute over rent and lease?

First of all, the second landlord rents out the house without the consent of the first landlord, it is a contract that has no right to dispose of the contract, and it is a contract whose validity is to be determined, if the first landlord agrees, your lease contract is valid, if you do not agree, then, your agreement with the second landlord is invalid, and the second landlord should bear the liability for negligence in the contract, of course, this premise must be that you are in good faith, that is, you do not know that the first landlord does not agree or think that it is the first landlord. You can apply to the court to void the contract and have the deposit returned. By the way, the deposit is not a deposit, he must return it, and the deposit needs to be discounted for rent and cannot be used for other purposes.

1. How do you know that the big landlord doesn't agree to the second landlord subletting?

2. How much is the deposit? Otherwise, you don't pay the lease fee, continue to rent, and move after the lease for a month.

3. If you want to get the deposit back, first of all, inform the big landlord that the second landlord subleases without authorization, and if you sublet without the consent of the big landlord, the second landlord has no right to sublease the house.

To resolve and protect the rights of housing lease disputes, we must first rely on the contract and act in accordance with the contract. When the contract is unclear or the contract is illegal or invalid, the facts and consequences shall be presumed and judged in accordance with laws, regulations, traditional practices, the principle of fairness, and public order and good customs recognized by the public.

The method can be self-negotiated by the parties; They may also apply to the corresponding organization (neighborhood committee, village committee, people's mediation committee, or legal service workers of the basic level judicial-administrative organs) to conduct mediation; It is also possible to file a lawsuit with the court when the first two items are invalid or unable to be resolved, and the court will rule on the judgment.

The legal disputes that are easy to see in housing leasing are resolved as follows: 1. The parties negotiate and deal with the agreed content in accordance with the agreement; 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:Where one of the parties fails to perform its contractual obligations or its performance 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.

Legal analysis: 1. Negotiation and settlement of rental disputes.

If a dispute arises between the parties to a housing lease due to the rental of the house, it shall be resolved through negotiation, and an disinterested person may be sought to be present as a witness.

2. If the negotiation of the rental dispute fails, request mediation.

If the negotiation of the rental dispute fails, it can be requested to the residents' self-government organization or the neighborhood committee for mediation, or it can be resolved by the relevant staff of the housing management office.

3. If the negotiation of the rental dispute fails, a civil lawsuit or arbitration shall be filed for settlement.

If the negotiation of the rental dispute fails, it shall be resolved in accordance with the civil litigation or arbitration application agreed in the housing lease contract.

Legal basis: Civil Code of the People's Republic of China

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

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.

Article 716 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; If a third party causes the loss of the leased property, the lessee shall compensate for the loss.

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

In the course of the performance of the housing lease contract, when a dispute arises between the lessor and the lessee, it shall first be resolved through negotiation, and if the two parties reach a consensus through consultation, they may sign a Supplementary Agreement to the Housing Lease Contract on the dispute, clearly stipulating the method of handling the dispute. If the lessor and the lessee cannot reach an agreement through negotiation, they shall file a lawsuit with the people's court where the house is located and request the people's court to handle it.

When filing a lawsuit with a people's court, the complaint, the plaintiff's and defendant's identification documents, and evidentiary materials shall be submitted. After the people's court accepts the case of the dispute over the housing lease contract of Shouzhu, it will organize the original defendant to participate in the court trial, and the court will make a final judgment based on the evidence submitted by the original defendant and the statement of the original defendant during the trial. Of course, if the lessor and the lessee are willing to mediate, mediation can also be reached under the organization of the court.

Code of Civil Procedure

Article 33: The people's courts provided for in this article have exclusive jurisdiction over the following cases:

1) Litigation arising from real estate disputes shall be under the jurisdiction of the people's court at the place where the immovable property is located;

2) Litigation arising from disputes arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located;

3) Litigation arising from inheritance disputes shall be under the jurisdiction of the people's court at the place where the decedent is domiciled at the time of his death or where the main estate is located.

Article 34: Parties to a dispute over contracts or other property rights and interests may agree in writing to choose the jurisdiction of the people's court for places that have an actual connection with the dispute, such as the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile, and the location of the subject matter, provided that the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction must not be violated.

There are three main ways to resolve housing lease disputes:

1. The parties to the contract shall settle through negotiation. In the negotiation process, the parties can handle all the claims involved in the dispute at the same time, completely resolve the dispute, and reduce the occurrence of new disputes and lawsuits;

2. A third-party intermediary can be requested to mediate and resolve the issue. Resolving disputes through mediation means that the parties do not have to strictly follow the procedures stipulated in the procedural law, that is, during the mediation process, the parties can be notified at any time, and there are no restrictions on the mediation occasion, the number of mediations, and the mediation methods;

3. Go to the court where the leased house is located to file a lawsuit. Litigation is a form of dispute resolution backed by the coercive power of the state. During the trial of the case, the court strictly follows the relevant substantive and procedural laws and regulations, and it is difficult for the parties to influence the course of the case.

However, at the same time, the court's intermediate judgment has the force of force, and litigation is also a good way to resolve disputes over housing leases where mediation is ineffective.

1. Which department should be effective in resolving housing lease disputes?

Rent disputes should be addressed to the Housing Authority. In the event of a lease dispute, you can complain to the housing management department; If the dispute cannot be resolved through complaint negotiation, the arbitration institution designated in the contract shall be used as a third party for arbitration; If the parties are still not satisfied with the arbitration result, both parties may directly file a lawsuit with the people's court of the jurisdiction.

2. Types of housing lease disputes.

1. Disputes over damages.

1) Compensation for damage to the house;

2) Compensation for personal or property damage;

2. Rent payment disputes.

This is the most common type of dispute. There are generally three ways to deal with a dispute over rent payment:

1) The two parties to the lease agree that either the tenant will pay the rent in a timely manner, or the landlord agrees to defer the payment, and no other aspects of the lease contract will be involved;

2) While solving the problem of how to pay the arrears of rent, the two parties to the lease should also settle the liability for breach of contract arising therefrom on the premise of distinguishing the responsibilities and continue to perform the lease contract;

3) Termination of the lease contract. This is mainly due to the loss of the basis for the two parties to continue to perform the contract, or the termination of the contract by mutual agreement between the two parties, or the termination of the lease relationship by one party suing.

3. Other disputes.

In addition to the above-mentioned disputes over liquidated damages and damages, there are also disputes over the priority of real estate leases, sublease disputes, disputes over the change of use of the premises, and disputes in which the lessee cannot oppose a third party due to the unregistered lease contract.