What are the legal issues between landlords, secondary landlords, and tenants?

Legal analysis: The legal knowledge that tenants should pay attention to when renting the house of the second landlord: 1. The sublease should be recognized or agreed by the landlord, otherwise the sublease will be invalid; 2. The term of the sublease shall not exceed 20 years, and the income obtained from the sublease shall belong to the lessor; 3. Other legal knowledge that tenants should pay attention to when renting the house of the second landlord.

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

Article 717 Where the lessee subleases the leased property to a third party with the consent of the lessor, and the term of the sublease exceeds the remaining lease term of the lessee, the agreement on the excess part shall not be legally binding on the lessor, unless otherwise agreed between the lessor and the lessee.

Article 718 Where the lessor knows or should know that the lessee is subleased, but does not raise an objection within six months, it shall be deemed that the lessor agrees to the sublease.

Article 719 If the lessee is in arrears of rent, the sub-lessee may pay the rent and liquidated damages on behalf of the lessee, except where the sublease contract is not legally binding on the lessor.

The rent and liquidated damages paid by the sub-lessee on behalf of the sub-lessee can be offset against the rent that the sub-lessee should pay to the lessee; If the amount of rent payable is exceeded, it may be recovered from the lessee.

Second-hand landlords evict tenants are legal, but they must be established under the conditions of the situation, generally for both parties have not signed a contract in accordance with the law, or the contract expires before it can be dealt with, if the eviction during the contract period is to bear the responsibility for breach of contract.

Is it legal for a 1st and second landlord to evict a tenant?

If there is no contract signed, or the contract expires, there is power;

1) Things to pay attention to when renting a house:

1. Regarding the cost of the house, at present, the owner bears the property fee and heating fee (north), and you bear the other daily life expenses such as water, electricity and gas;

2. At present, most of the payment forms of rent are taken as a deposit of one and three payments, but you can also negotiate with the landlord for other payment methods;

3. Check the status of the house when looking at the house, especially some problematic furniture and household appliances, which should be written in the contract in time;

4. At the same time, the reason for the house must be checked clearly to avoid overwriting;

5. Communicate well with the owner about the details such as the key;

6. For the treatment of the house under force majeure circumstances such as demolition;

7. The liability for breach of contract must be clearly written.

2) Lessee.

1. Check the lessor's real estate certificate and valid identity certificate;

2. Review the lessor's "Housing Lease Certificate";

3. When signing the rental contract, you should ask the contents of the rent, and who will bear the water, electricity, heating, gas (natural gas) and property management fees;

4. Require the lessor to settle water, electricity, heating, gas (natural gas) and other expenses before renting out the house;

5. Payment methods.

3) Lessor.

1. Check the identity certificate, whether the people from other provinces and cities have legal residence certificate in the local area;

2. The tenant rents the house for purpose and stipulates in the contract that there shall be no illegal acts.

Houses that fall under any of the following circumstances are not allowed to be rented:

1. There is no legal certificate of house ownership;

2. Judicial and administrative organs make rulings in accordance with law and decide to seal up or restrict real estate rights in other forms.

3. The co-owned house has not obtained the opinions of the co-owners;

4. The ownership is disputed;

5. It is an illegal building;

Housing lease contracts are divided into two main categories according to use, residential and commercial.

The signing of a lease contract for a residential property is based on whether it is more suitable for living.

When signing a lease contract for commercial housing, it is based on whether it is more suitable for office.

To sum up the above, it is the right of the lessor to evict the landlord, but there must also be a legal reason to support their own views for this right, and it is generally necessary to deal with it according to the contract, and if this practice violates the terms of the contract, they need to pay the corresponding liquidated damages, so as to protect their legitimate rights and interests.

The second landlord has the right to let Peminley sue the tenant, and the process of suing the tenant is as follows:

1. To file a lawsuit with the court, the complaint and relevant evidence materials shall be submitted, and a copy of the complaint and evidence shall be submitted according to the number of defendants, and the prepared materials shall be submitted.

2. After receiving the complaint submitted by the parties, the judge in charge of filing the case in the case filing division shall conduct a careful review, and if the conditions for filing the case are met, the relevant information shall be transmitted to the microcomputer immediately, and after the approval of the division president, the notice of acceptance of the case, the notice of presentation of evidence, and the notice of payment of litigation fees shall be immediately served on the plaintiff.

3. If it is decided to file a case after review, the schedule shall be made immediately. In first-instance civil cases, the parties should be given a 30-day time limit for presenting evidence, and in second-instance civil cases, the parties should be given a 10-day time limit for presenting evidence.

4. After the scheduling, the case filing court shall serve the summons to the parties immediately or by postal courier; Where it is necessary to serve directly, the middle limb shall be handed over to the judicial police team by the case filing tribunal for enforcement.

5. Pay the litigation fees. After receiving the notice of advance payment of litigation costs issued by the court, the parties shall pay the fees to the fee office of the Agricultural Bank of China in the court within 7 days.

6. The court issues a receipt. The parties shall immediately go to the financial office of the court to exchange the "Special Bills for Litigation Fees" with the "Notice of Advance Payment of Litigation Fees of the People's Court" stamped with the receipt seal of the Agricultural Bank of China.

1. How to resolve disputes in the rental contract?

According to the actual situation, if the rental contract is a contract dispute, and the negotiation between the parties is invalid, they may file a lawsuit with the people's court and request the people's court to make a relevant judgment according to the request.

Code of Civil Procedure

Article 3: The provisions of this Law apply to people's courts' acceptance of civil lawsuits raised between citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

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 contract or other property rights and interests dispute may agree in writing to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, the place where the subject matter is located, and other places that have an actual connection with the dispute, but must not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.

Article 35: Where two or more people's courts have jurisdiction, the plaintiff may file a lawsuit with one of the people's courts; Where the plaintiff files a lawsuit with two or more people's courts with jurisdiction, the people's court that first files the case has jurisdiction.

Does the first and second landlords have the right to evict the tenant If you have not signed any contract, or the contract has expired, you have the right Things to pay attention to when renting a house: 1. Regarding the cost of the house, at present, the owner bears the property fee and heating fee (north), and you bear other daily life expenses such as water, electricity and gas; 2. At present, most of the payment forms of rent are taken as a deposit of one and three payments, but you can also negotiate with the landlord for other payment methods; 3. Check the status of the house when looking at the house, especially some problematic furniture and household appliances, which should be written in the contract in time; 4. At the same time, the reason for signing and the house must be checked clearly to avoid overwriting; 5. Communicate well with the owner about the details such as the key; 6. For the treatment of the house under force majeure circumstances such as demolition; 7. The liability for breach of contract must be clearly written. 1. Check the lessor's real estate certificate and valid identity certificate; 2. Review the lessor's "Housing Lease Certificate"; 3. When signing the rental contract, you should ask what is included in the rent, and who will bear the water, electricity, heating, gas (natural gas) and property management fees; 4. Require the lessor to settle water, electricity, heating, gas (natural gas) and other expenses before renting out the house; 5. Payment methods.

1. Check the identity certificate and whether the personnel from other provinces and cities have a legal residence certificate in the local area; 2. The tenant rents the house for purpose and stipulates in the contract that there shall be no illegal acts. Houses under one of the following circumstances shall not be rented: 1. There is no legal certificate of house ownership; 2. Judicial and administrative organs make rulings in accordance with law and decide to seal up or restrict real estate rights in other forms.

3. The co-owned house has not obtained the opinions of the co-owners; 4. The ownership is disputed; 5. It is an illegal building; Housing lease contract refers to the agreement signed by the lessor and the lessee on the transfer of the possession and use rights of the rented house. It means that the lessor hands over the house to the lessee, and the lessee pays the agreed rent to the lessor on a regular basis, and returns the house to the lessor in good condition when the agreed term expires or the lease is terminated. Housing lease contracts are divided into two main categories according to use, residential and commercial.

Signing a lease contract for residential housing is based on whether it is more suitable for living. In the current economic society, more people choose to rent in buying and renting, renting involves signing a contract, some landlords require the shortest lease period, if the tenant signs the contract and can't rent for so long, he will violate the contract and pay liquidated damages, then there will be a phenomenon of subleasing for a long time, and he will sign a rental contract with other people, but all activities will be carried out in accordance with the contract.

This is a very complex issue, and tenants need to protect their rights and interests in accordance with local laws and regulations and the lease agreement. Here are some basic suggestions:

1.Learn about local laws and regulations.

First, tenants need to be aware of local laws and regulations, especially those related to the disposal of bodies and the rental of premises. This helps determine whether the landlord's actions are illegal and whether the tenant has the authority to take action.

2.Check the lease contract.

When drafting a lease contract, restrictions on pets, weddings, oak parties, business, etc., should be taken into account. The tenant can check if there is a clause in the contract regarding the disposal of the body. If there are no such clauses in the contract, you can simply negotiate with the landlord by paying rent, etc., to seek the landlord's reasonableness.

3.Negotiation and Arbitration.

If there is a disagreement between the tenant and the landlord, it can be resolved through negotiation and arbitration. You can try to negotiate with the landlord; You can also file a complaint with the housing leasing agency, the resident goods management agency, the housing agency and other relevant institutions, claim the tenant's own rights and interests, and seek support for enforcement.

4.Seek legal help.

If the dispute is resolved in the above ways, the tenant may consider seeking legal help, especially if a legal dispute is involved. You can consult with your local legal center or lawyer for help.

In short, tenants' rights protection and dispute resolution need to comply with the provisions of local laws and regulations, as well as the provisions of the housing lease contract. At the same time, the personal safety and privacy of the landlord should be respected, and a variety of ways should be sought to resolve and properly deal with it. If you really can't solve the problem, you need to seek legal help to protect your legitimate rights and interests.

Legal analysis: If the big landlord does not allow the second landlord to sublet the house, then the second landlord sublet is considered a breach of contract, and the big landlord can unilaterally terminate the contract, determine that the lease agreement between the second landlord and the third party is invalid and evict the tenant.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over Urban Housing Lease Contracts

Article 16 Where the lessor knows or should know that the lessee is subleased, but does not raise an objection within six months, and requests to terminate the contract or determines that the sublease contract is invalid on the grounds that the lessee has not consented, the people's court shall not support it.

In the case of a dispute arising out of the lease contract, the people's court may notify the sub-lessee to participate in the litigation as a third party.

Article 17 When the lessor requests to terminate the contract due to the tenant's arrears of rent, and the sub-lessee requests to pay the rent and liquidated damages owed on behalf of the lessee to defend the lessor's right to terminate the contract, the people's court shall support it. However, the sublease contract is invalid.