The house is mine, rented to someone else, what if he doesn t leave now?

The first point is that you are the homeowner, of course you will win.

Second, if the rent you have collected is not due, then you will either have to pay back the money and compensate for certain losses, or you will have to wait until the rent expires.

Thirdly, send him a written notice now, informing him that he will not rent a house for him. So that in a month you will be able to move in.

There is no contract, if you can show proof that this is your house, you can do it. Didn't sign a contract? That's a verbal agreement, but you don't say when it will expire?

I think this is a problem, if you want to let him move out in advance, you have to compensate the other person accordingly, "On the premise of the consent of the people" If you want to fight a lawsuit, then you will definitely win, because the house is yours and there is no contract. The law is about evidence, of course, you are an active defendant or a passive. Think about it.

Not having a contract is not the same as not having a contract, is there any verbal agreement? Say it and see. Although the house is yours, it is rented to someone else after all.

Now what is the reason why people don't leave, they will say it and give you an analysis and analysis. It depends on who is justified in going to the court, and the management department also has to spend money, so it is better to negotiate well, and I think the problem will definitely be resolved.

It's okay that you are the owner of the house and did not sign any agreement, so it is okay to sue him for illegal occupancy. Hehe, the "pros and cons" sides to coordinate this matter, victory belongs to the property owner protected by law, hehe.

You have a good chance of winning, because it's your house, you have a house photo, take it out, you don't sign a contract anyway, you want them to move whenever you want.

Your chances of winning are great, and you have all the rights to the house.

Legal analysis: If someone lives in their own house and refuses to move out, they can report the case to the public security organ, and the public security organ will come forward to deal with it and resolve it.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 26: Anyone who commits any of the following acts shall be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB

1) Gang fighting;

2) Chasing or intercepting others;

3) Forcibly taking or arbitrarily destroying or occupying public or private property;

4) Other acts of picking quarrels and provoking trouble.

Legal analysis: There are two situations: if you are unaware and unwilling to continue the lease, you can terminate the lease contract with the landlord, and the tenant can sue the court to require the original landlord to bear legal responsibility. If you are willing to continue the lease, then you can continue to perform the contract.

Legal basis: Article 716 of the Civil Code of the People's Republic of China 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.

Legal analysis: You can't go directly, and if you go directly, it is a breach of contract and you need to bear legal responsibility. In this case, it is a breach of contract, and the specific can be negotiated by trembling.

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

Article 465:Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 577:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform and acting clearly, taking remedial measures, or compensating for losses.

Legal analysis: If you have actually lived in the house, you can continue to live in it; If you don't want to live in it, you can exercise the right to terminate the contract, terminate the contract and ask the landlord to return the deposit, the remaining rent and the resulting losses;

Legal basis: In accordance with Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts; If the lessor enters into several lease contracts for the same house, and the lessee claims to perform the contract if all the contracts are valid, the people's court shall determine the lessee to perform the lease contract in the following order: (1) the tenant has lawfully taken possession of the leased house; (2) Those who have already gone through the formalities for registration and filing; (3) The contract was established first.

If the tenant who cannot obtain the leased house requests to terminate the contract and compensate for losses, it shall be handled in accordance with the relevant provisions of the Civil Code.

Legal analysis: Of course, it is a lawsuit, in the case of the tenant escapes, there is no possibility of mediation, because mediation is only possible under the premise of the unanimous consent of both parties, so litigation is the only way, and it is possible to recover the arrears of rent and utility bills after filing a lawsuit with the court. First of all, disputes over housing lease contracts should be under the jurisdiction of the court where the defendant is domiciled or where the contract is performed, and the location of the house is generally determined to be the place of performance of the contract, and the landlord can choose to sue in a court that is more convenient for him.

Secondly, it is necessary to prepare relevant litigation materials, such as a copy of the tenant's ID card, rental contract, utility bills, complaints, etc. For the claimed rent, utility bills, etc., there should be a clear basis for calculation, and it should be attached to the complaint separately, so that the judge can clearly understand how the various data are calculated.

Finally, before the handover of the house, the landlord should try not to dispose of the items in the house without authorization, the items in the house are owned by the tenant, and the contract dispute between the landlord and the tenant is a contract, and the landlord does not have the authority to directly deal with the tenant's items. If the items are valuable, they can apply to the court for property preservation, which will be sealed by the court, and the court can auction them to pay off the arrears of rent after the court judgment.

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

Article 703 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

Article 705: The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid.

Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

Article 706 Where a party fails to go through the formalities for the registration and filing of a lease contract in accordance with the provisions of laws and administrative regulations, the validity of the contract shall not be affected.

Legal analysis: 1. For the situation that the tenant is unable to pay the rent for a while due to the tenant's living difficulties, the lessor shall, according to the amount of rent owed, on the premise of ensuring its own rental income, find out the specific reasons for the rent arrears, try to take care of the actual difficulties of the tenant, assist the tenant in formulating and implementing the arrears repayment plan, and allow the tenant to return the arrears of rent in installments.

2. If the tenant is unable to pay on time because the rent of the rented house is indeed too high, the real estate administrative authority where the house is located can be determined, and the rent shall be reasonably adjusted, and the tenant shall be required to pay according to the adjusted rent.

3. In the event of the accidental death of the tenant during the lease term, the rent owed by the undertaker may be deducted from his estate. If the tenant's estate has been inherited, the heirs shall share the rent owed in proportion to their share of the inheritance. If the estate is insufficient to pay the rent owed, the remaining amount shall be written off.

4. If the lessee deliberately fails to pay the rent without justifiable reasons and has the ability to pay, the lessor may pursue the lessee's liability for breach of contract through legal means. If the lessee does not pay the rent in accordance with the contract, the lessor may, according to the above different circumstances, resolve the matter through automatic negotiation between the two parties, request the relevant organization for mediation, apply for arbitration by the relevant institution, and apply to the court for trial in accordance with the law. When the tenant defaults on the rent, the lessor can first negotiate with the lessee according to the actual situation to seek consensus and understanding between the parties.

When the lessor and the lessee reach an agreement through negotiation, the lessor may invite the units or neighborhood committees of both parties to help urge the lessee to perform its obligation to pay rent as agreed in the contract. If the problem still cannot be resolved, the lessor may apply to a real estate arbitration institution for arbitration in accordance with the relevant agreed clauses in the lease contract. If none of the above methods can solve the problem of rent arrears of the lessee, the lessor has the right to file a lawsuit with the people's court, requesting the court to determine the rent payable by the lessee in accordance with the law and investigate the lessee's liability for breach of contract.

The outcome of the trial of the people's court has the highest effect, and its judgment may be enforced.

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

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

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.

It is good to do it according to the contract in the direct belt and the loss connection. 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 house, terminate the contract, and ask the tenant to compensate the lessor for the losses suffered by the lessor.

If someone else lives in their own house and refuses to move out, they may report the case to the public security organs, and the public security organs will come forward to handle and resolve the matter.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 26: Anyone who commits any of the following acts shall be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB

1) Gang fighting;

2) Chasing or intercepting others;

3) Forcibly taking or arbitrarily destroying or occupying public or private property;

4) Other acts of provoking and provoking trouble.