Please advise on rental disputes, about rental disputes

A contract is a two-way act between two parties, and the process of making a contract mainly consists of two steps: an offer and an acceptance, and no party can propose a separate contract to impose on the other party. However, once the general contract is accepted by the offeror, it will be established and effective, and the parties shall not renege on it.

In your case, whether the other party presents its own so-called contract or claims to have an oral contract, it is not enough to prove the true validity of the contract, the former does not have your signature, and the latter does not have sufficient evidence to prove it. Therefore, as a landlord, you are generally the owner of the property, and you have the right to claim the property in rem, that is, to require the other party to move out of your house if there is no legal reason to occupy it; The lawsuit will also support you if you ask for restitution for the damage caused to your home.

As for the evidence, the exercise of the right to claim in rem only needs to prove that you are the rightful owner and that the other party has caused damage to your rights. In order for the tenant to prove his legal possession, he must have a rental contract, and the so-called oral contract will not be accepted.

The parties to the contract are equal, and the rent is naturally negotiated by both parties. If you do not agree with the contract proposed by the other party, you can completely ask to terminate the contract without paying the deposit. Of course, the premise of all these things is that the contract you agreed on before is different from the contract that the other party came up with, and if the other party can prove that "you said it at the beginning", then it is not so understood.

In the event of a housing lease dispute, citizens can choose the following three ways to resolve it: 1. Mediation. It refers to a method and activity in which the parties to the lease and lessee reach a settlement through voluntary negotiation under the auspices of a third party.

2.Arbitration. After the occurrence of a housing lease dispute, citizens can request an arbitration institution to determine the facts, clarify responsibilities, and make an arbitration award in accordance with the law to resolve the housing dispute.

In accordance with the provisions of relevant laws, contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated. 3.Lawsuit.

If the parties are unwilling to mediate or are not satisfied with the mediation, and no arbitration agreement is reached, the parties may file a lawsuit with the people's court in accordance with the law.

Legal basis: Article 2 of the Arbitration Law of the People's Republic of China: Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.

Legal Analysis: Housing lease disputes are a relatively common civil dispute, which refers to disputes over rights and interests in housing and land. Once a housing lease dispute occurs, citizens can freely choose the following three ways to resolve it:

Conciliation; Arbitration. Lawsuit. Housing lease disputes can be summarized into the following three types: damages disputes; rent payment disputes; Other disputes.

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 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.

Housing lease refers to the act of the lessor renting the house to the lessee for use, and the lessee pays rent to the lessor. The term of the lease is more than six months, and both parties must sign a written contract. The lease contract should include the following main clauses:

the scope and area of the rental housing; the term and purpose of the lease; the amount of rent and the time of delivery; Liability for repairs, subletting, breach of contract, etc. Rental disputes are disputes between tenants and landlords arising from property relations, and fall within the scope of civil litigation accepted by the people's courts. The conditions for filing a lawsuit include the need to clarify the identity information of the tenant and the landlord, the existence of litigation claims and supporting facts and reasons, and the fact that the lease dispute should be filed in the court where the leased house is located.

However, litigation is not the only way to resolve disputes, after the occurrence of disputes, you should first negotiate, or conduct third-party mediation, if mediation fails, you can apply for arbitration or litigation. Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China must meet the following conditions for prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

The solutions to the tangle of renting are as follows:

1. The parties shall settle the matter through negotiation.

If a dispute arises between the parties to a housing lease due to the rental of the house, it shall be resolved through negotiation.

2. If the negotiation fails, it may apply for arbitration or civil litigation.

The law stipulates that if the parties to a housing lease fail to reach a dispute through negotiation, they shall settle it in accordance with the civil litigation or arbitration application agreed in the housing lease contract.

1) Apply for arbitration to resolve the issue.

Arbitration is a statutory way for citizens, legal persons or other organizations to apply to the arbitration commission for dispute resolution when there is a contract dispute or other property rights and interests dispute. However, if the parties use arbitration to resolve the dispute, the parties shall voluntarily agree in the contract in advance or reach an arbitration agreement afterwards. If there is no prior agreement in the contract, and the parties do not reach an arbitration agreement afterwards, the arbitration commission will not accept the application for arbitration if one party applies for arbitration.

On the contrary, if the parties have agreed in the contract in advance, or have reached an arbitration agreement afterwards, one party will file a lawsuit with the court, and the court will not accept it. Arbitration has the effect of a judicial act, and once the judgment takes effect, the parties may not file a lawsuit in the people's court for the same dispute.

2) Civil litigation to solve the problem.

If the parties agree on litigation settlement in the housing lease contract or fail to reach an arbitration agreement after the dispute arises, they may directly file a civil lawsuit with the people's court. If the party to the lease violates the relevant provisions and the lease contract is invalid, it shall bear civil liability in accordance with the law. If one of the parties to the lease fails to perform its obligations under the relevant laws, resulting in the termination of the lease contract, the party that fails to perform the prescribed obligations shall bear civil liability in accordance with the law; Where property damage or personal injury is caused to the other party or a third party, liability for compensation shall be borne in accordance with law.

Personally, I don't think the odds of winning are big, because the landlord is not in breach of contract, and the breaching party is you, and the specific reason can be summarized as the handling of the rental certificate is not a statutory ancillary obligation of the lease contract, and the landlord has clearly stated that he cannot cooperate with the processing, and you have recognized it. Second, prosecuting is time-consuming and labor-intensive, and if it is not very certain, it is a bit more than worth the cost.

The lawyer replied: 1. First of all, there has been no lease contract between you, which is an indefinite lease in law, and your uncle, as the lessor, can return to the house at any time, but needs to give you a reasonable period of time;

2. Secondly, you must obtain your uncle's consent when decorating the house, and it is in accordance with the law to improve the house or add other things. Otherwise, your uncle can ask you to restore the original state or compensate for the loss.

3. As for whether you think you can ask your uncle to compensate for losses after renovating the house, I personally think that this idea does not comply with the legal provisions of leasing and is difficult to support.