How do I appeal a rental contract? What to do in the case of a rental contract dispute lawsuit?

Article 93 of the Contract Law stipulates that 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. According to this provision, the court's decision to terminate the contract is based on the grounds, and I personally believe that the grounds for your appeal can be:

1. If the other party accepts your overdue rent and does not raise any objection, nor does it remind and inform you, it should be regarded as agreeing to continue to perform the contract, so the contract should not be terminated. 2. Article 94 of the Contract Law stipulates that if one of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded, the contract may be terminated.

According to this article, the other party shall perform a reasonable duty of reminder, otherwise the contract cannot be terminated. 3. The purpose of the contract law is to make both parties perform the contract rather than terminate the contract, your breach of contract is not a serious breach of contract, if the contract is terminated, the legal consequences are obviously unfair, and the contract has the possibility of performance, and should be judged to continue to perform.

You have already committed a breach of contract, and the appeal is of little substance, so it is recommended not to appeal. Unless you want to procrastinate.

What is your position in the first instance? If so, what is your claim? The court should decide the case around the claims in your complaint.

What you said is very vague and difficult to answer. It is clear that there is a breach of contract, you can ask the other party to continue to perform according to the contract, and if it is really impossible to perform, you can also terminate the contract. Keep in mind that your appeal period is within 15 days.

According to the contract, the other party can terminate the contract on this basis, unless you have a legitimate reason or cause it to be caused by the other party, you can file an appeal and then provide evidence on your claim.

If the provisions in the contract are against you, it is enough to write an appeal for the appeal, but submit the appeal before the first instance takes effect.

As long as you are not satisfied with the judgment, you can appeal, it is only if you have evidence to support the appeal request.

Rental contract disputes can be handled through negotiation between the two parties, or complain to the housing management department; If the dispute cannot be resolved through complaint negotiation, the arbitration institution designated in the rental contract shall be used as a third party for arbitration; If they are not satisfied with the arbitration result, both parties may directly file a lawsuit with the people's court of the jurisdiction.

[Legal basis].

Article 2 of the Arbitration Law.

Contract disputes and other disputes over property rights and interests between citizens, legal persons and other groups of equal subjects may be arbitrated.

Article 122 of the Civil Procedure Law.

Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.

Article 577 of the Civil Code.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or justifying compensation for losses.

In the event of a dispute over a rental contract, a complaint shall be filed with the case filing division of the court with jurisdiction. The parties prepare the evidence, and the court serves the first announcement and notifies both parties of the first time within seven working days; **Bring all the materials to the court on the same day to present evidence, debate, and express opinions; The court conducts mediation, and if the mediation fails, the collegial panel will pronounce the judgment.

[Legal basis].Article 34 of the Civil Procedure Law.

The 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 a real interjudicial connection with the dispute, provided that the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction must not be violated.

Article 126.

In cases that are decided to be accepted, the people's courts shall inform the parties of the relevant procedural rights and obligations in the notice of acceptance of the case and the notice to respond to the lawsuit, or give them an oral notice.

Article 132: Lack of old reforms.

Where parties who must jointly conduct litigation do not participate in the litigation, the people's court shall notify them to participate in the litigation.

Legal Analysis: Rental contract disputes can be sued. In accordance with article 3 of the Civil Procedure Law of the People's Republic of China, the provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations due to property and personal relationships.

Legal basis: Article 465 of the Civil Code of the People's Republic of China 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 in the draft law.

Civil Procedure Law of the People's Republic of China》 Article 3: The provisions of this Law shall apply to the people's courts' acceptance of civil litigation between citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Rental contract disputes can be sued. According to Article 3 of the Civil Procedure Law of the People's Republic of China, the provisions of this Law shall apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, other organizations, and other public beings due to property and personal relationships.

Legal basis: Article 465 of the Civil Code of the People's Republic of China A contract established in accordance with law is protected by law. In the case of a contract established in accordance with the law, eggplant is only legally binding on the parties, unless otherwise provided by law.

Civil Procedure Law of the People's Republic of China》 Article 3: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

After the judgment of the housing lease contract dispute, if the party has any objection to the first-instance judgment, the party may file an appeal. However, if a party is dissatisfied with the first-instance judgment, he or she must appeal to the people's court at the next higher level within the statutory time limit, which is 15 days from the date of service of the judgment. If a party wants to file an appeal, it shall be initiated through the original people's court and submitted for appeal.

Therefore, a dispute over a housing lease contract can be appealed after it has been adjudicated.

1. Is there a time limit for appealing in the event of a car accident?

There are two types of car accident appeals, one is a civil lawsuit and the other is a criminal prosecution lawsuit, and both of them have time limits. According to articles 164 and 166 of the Civil Procedure Law, if a party is dissatisfied with the judgment of first instance, he or she shall appeal to the people's court at the next higher level within 15 days from the date of service of the judgment, and the appeal petition shall first be submitted to the original court of first instance, and the number of copies of the appeal petition shall be the number of the opposing party or representative. According to article 1 of the Criminal Procedure Law, if a party is dissatisfied with a first-instance judgment, he or she shall appeal to the people's court at the next higher level within 10 days from the date of service of the judgment, and the appeal petition shall be submitted to the original court of first instance, and the number of copies of the appeal petition shall be the number of the opposing party or representative.

II. Appeals from first-instance judgments.

According to article 164 of the Civil Procedure Law, if a party is dissatisfied with the first-instance judgment of a local people's court, he or she has the right to appeal to the people's court at the next higher level within 15 days from the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served. According to the above provisions, if a party receives a judgment and is dissatisfied with the content of the first-instance judgment, he or she shall file an appeal within 15 days from the date of receipt of the first-instance judgment, starting from the next day; If a party has received a first-instance ruling and is not satisfied with the contents of the ruling, it shall file an appeal within 10 days from the date of receipt of the first-instance ruling, starting from the next day.

However, it should be noted that if the appeal period of the first-instance judgment is a holiday, it needs to be extended to the next working day, and the effective date of the first-instance judgment document needs to be postponed accordingly.

3. What is the maximum time limit for appealing a divorce property?

After the judgment of the first instance of divorce, the time limit for appealing property due to age is generally 15 days. According to the relevant provisions, where a party is dissatisfied with the first-instance judgment, it shall be filed with the people's court at the level above within 15 days of the delivery of the first-instance judgment, and the appeal petition shall be submitted through the original people's court, and a copy shall be submitted according to the number of opposing parties or representatives.

Article 164 of the Civil Procedure Law of the People's Republic of China: Where a party is dissatisfied with the first-instance judgment of a local people's court, he has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served.

Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.