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I am very sympathetic to you about this, but judging from the facts you stated, you did not stipulate the lease period in the lease contract, which is an indefinite lease from a legal point of view, and the other party can terminate the contract at any time as long as you give you a certain amount of time to prepare and notify you in advance. As for the three-year verbal agreement you mentioned, evidence is needed, and why didn't the time be written when the lease contract was signed? If there is no solid evidence, it is against you.
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1. You did not specify the term of the lease in the contract, and you are very passive. If the landlord says that it was only rented for half a year at that time, and you can't prove that it was rented for three years at that time, the judicial authority will consider it to be half a year.
2. There are also provisions in the law, that is, if there is no agreement on the lease period, it is regarded as an indefinite term contract, that is, the landlord can take it back at any time, and the tenant can check out at any time if he is ashamed.
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Then let me ask you, has the contract expired? If not, it is unreasonable. In addition, if he really needs to sell the house, he must notify you a period of time in advance and obtain your consent to terminate the contract.
Moreover, it is not reasonable that neither the school nor his building has been relocated as stated in the contract.
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If the contract does not specify the rental period, you can't explain that the landlord is in breach of contract, so you have no choice but to leave by yourself.
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You don't write the contract clearly. So who can be blamed? So be it.
But I don't think he really wants to sell, probably because he wants to raise the rent.
Think about it.
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First of all, the tenant can show the tenant a written certificate in advance, asking the tenant to move out of the house within a certain period of time. Secondly, if the renter is unable to agree to the request of the renter, the owner of the house can take the relevant materials and notarize the property together. Finally, if the other party does not move out of the house for a long time, the tenant has already committed a tort, and the tenant can file a lawsuit.
Nowadays, many young people work in big cities and need to find the right house. Although some companies will provide dormitories for their employees, it does not mean that all large companies can provide better accommodation for employees. At this point, employees need to find a suitable house to rent.
The two parties will sign a rental contract, once the house expires, one party does not renew the contract, and the other party respects the other party's ideas.
Under normal circumstances, most people who rent houses will sign rental contracts in order to ensure the normal state of the house and protect their legitimate rights and interests. In the event of various problems, both parties will defend their rights in accordance with the terms of the contract. But there is no such thing as a feast, and every resident has the right to dispose of his own house.
Now that the contract has expired, it is even more important for tenants to look for a more suitable home.
If the tenant is reluctant to move out of the house for a long time, even an unpleasant situation arises for both parties. If it goes on for a long time, it will only consume the trust between each other. The renter has committed a tort, and the owner of the house can file a lawsuit in the local court with a large amount of evidence and information.
In general, although the rental contract will protect the legitimate rights and interests of both parties, it does not mean that one party will properly comply with all the information in the housing contract. In addition, when the housing contract expires and is not renewed, it is reasonable to inform the other party. It can not only create time for the other party to find a new **, but also reduce disputes.
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If she doesn't move out, you can take enforcement measures, after all, your contract has expired, and he has no reason to stay here.
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Tell them to move out and pay the money within a reasonable period of time (e.g. 3 days), otherwise they will file a lawsuit in court.
If they do not move out within the notification period, they shall file a lawsuit with the court filing division and request pre-litigation property preservation, and the court shall seize the goods stored in the house.
Sue for repayment of the house payment, bank interest for the same period of delay in payment of the house payment, moving out of the rented house, and paying rent for overdue rentals.
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This is a violation of the law, and you can sue the tenant directly. After all, this is your house, not his.
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Give them some compensation appropriately. You can also help them find another place to live. You can calm down and explain.
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Legal Analysis: The landlord's actions are in breach of contract. If the landlord unilaterally wants to terminate the lease contract before the expiration of the agreed lease period, the landlord shall send a clear expression of its intention to terminate the contract to the tenant.
Legal basis: Civil Code of the People's Republic of China
Article 708 The lessor shall deliver the leased property to the lessee in accordance with the agreement, and keep the leased property in accordance with the agreed purpose during the lease term.
Article 711 If the lessee fails to use the leased property in accordance with the agreed method or in accordance with the nature of the leased property, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.
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.
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1. The landlord's ownership is definitely greater than your lease right. So the landlord asks you to move, you definitely have to move, there is no doubt about that.
Second, if the rent is not due, the liability for breach of contract and compensation for losses arising from the move are not due. Therefore, you need to weigh the losses caused by the move, inform the landlord, whether the landlord can perform according to the contract, and if he does not follow the contract, he must compensate you for the losses caused by the move.
Thirdly, you need to clarify the rights and obligations of both of you in the rental contract, and it is best to specify the liability for breach of contract after the contract has not expired, so that there will be a good solution for both parties if such an event occurs.
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Article 229 of the Contract Law of the People's Republic of China If the ownership of the leased property changes during the lease period, the validity of the lease contract shall not be affected.
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The rental contract has not expired, and the landlord wants to take possession of the house, which is naturally a breach of contract. In case of breach of contract, it is sufficient to pay liquidated damages according to the liability for breach of contract agreed in the contract. Generally, the penalty for renting a house is one month's rent (and the general deposit is also one month's rent). That is, the landlord should return the deposit double.
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The lease has not expired, and the landlord has no right to move out.
When renting a house outside, if the contract does not expire and the landlord asks you to move, we can terminate the contract by agreement, require the landlord to vacate the rent and compensate for the relevant losses, and if the negotiation is unsuccessful, you can file a lawsuit to protect your legitimate rights and interests.
A housing lease contract refers to an agreement in which the lessor provides the house to the tenant for use, and the tenant pays the agreed rent on a regular basis, and returns the house to the lessor in good condition when the contract is terminated.
The housing lease contract adheres to the general contract format, and the content of the contract should contain the personal information of both parties to the housing lease, the situation of the rented house, and the rights and obligations of both parties to the lease. That is, it mainly includes the address of the house, the number of rooms, the usable area, the furniture and electrical appliances of the house, the hierarchical layout, the decoration facilities, the amount of monthly rent, the date and method of rent payment, the rights and obligations of both parties to the lease, the lease agreement, etc.
A housing lease contract refers to an agreement signed between the lessee and the lessor on the rights and obligations related to the housing lease.
Depending on the criteria, the lease contract can be classified differently:
1. Residential housing lease contract and production and operation housing lease contract. According to the different purposes and uses of the housing lease contract, the housing lease can be divided into the residential housing lease contract and the production and operation housing lease contract.
2. Public housing lease contract and private housing lease contract. According to the nature of the ownership of the leased house, the housing lease contract can be divided into public housing lease contract and private housing lease contract.
3. Fixed-term lease contract and indefinite lease contract. According to whether the housing lease contract has a lease period, it can be divided into fixed-term housing lease contract and indefinite housing lease contract.
Article 754 of the Civil Code of the People's Republic of China In any of the following circumstances, the lessor or lessee may terminate the financial lease contract:
1) The sales contract concluded between the lessor and the seller is dissolved, confirmed invalid or revoked, and the sales contract cannot be re-concluded;
2) The leased property is damaged or lost due to reasons not attributable to the parties, and it cannot be repaired or a replacement cannot be determined;
3) The purpose of the financial lease contract cannot be achieved due to reasons attributable to the seller.
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The rental contract has not expired, because the landlord needs, sublet to the landlord's next house, sign the agreement, and note the previous house.
Hello, dear, I am very happy to answer for you. If the housing lease contract is not expired and the tenant wants to sublease, the consent of the lessor shall be obtained. If it has been stipulated in the lease contract that it may be subleased, or the lessor agrees to sublease, the lessee may lease to a third party.
The newly signed lease contract shall be in accordance with the wishes of both parties, and the lessee shall not build in the premises without authorization, shall not be in arrears of rent, and shall not exceed the remaining lease term. Legal basis: Article 716 of the Civil Code provides that the lessee may, with the consent of the lessor, sublease the closed or leased property to a third party. If the lessee transfers the lease of the car, 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.
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What to do if the tenant does not leave when the rental contract expires.
If the landlord does not return or refuses to move out, and the lease contract expires, and the landlord wants to repossess the property, the landlord should deal with it in the following ways:
1) If the lessee notifies the close relatives, unit or visa department of the lessor to move according to the due date, it shall be treated as if the original lease contract has not been renewed and no rent shall be paid.
2) Before the lessee notifies the lessor to return or before making a clear statement to the lessee, it shall be treated as a renewal of the lease, and the rent may be paid according to the original lease, or the rent may be handed over to the above-mentioned person on a monthly basis to collect and submit the receipt to the lessor, and the lease shall not be renewed from the date of knowing the lessor's intention not to renew the lease.
3) If the tenant continues to live in the house after the expiration of the lease until the date of the lessor's return or has a clear statement, if the lessee requires the lessor to pay the loan, it is not allowed in principle, and the rent for this period of overdue occupation can only be waived if the lessor is willing to do so.
The above ones go through legal procedures, and they can also cut off water and electricity, so it is estimated that no one can withstand it.
If you want to rent the house to someone else and decide to let the person move out, then this is also a basic right as a landlord, you can give the person a certain amount of time to ask the person to move out immediately, if you don't want to leave, of course you can apply to the court to intervene, or if you can't do it, you can increase the rent, or negotiate with the other party to renew the lease.
Hand in your lease contract (excluding the processing area on the second floor) and the contract signed with the landlord: Housing lease contract Lessor: (Party A) Tenant: >>>More
Housing lease contract.
Party A (lessor) ID number >>>More
If the lease contract is not agreed upon and the lessee unilaterally terminates the contract, the lessee shall compensate the lessor for the loss. Generally speaking, if the remaining lease term exceeds 3 months, the compensation amount will be calculated and paid according to 3 months' rent; If the remaining lease term is less than 3 months, the compensation amount shall be calculated and paid based on the rent of the remaining lease term. >>>More
Party A's (lessor's) ID number.
Party B's (tenant's) ID number. >>>More
In civil law, there is the principle that the sale does not break the lease. This means that if the house is already leased, the lease contract is valid for the new owner. As for you only paying half a year's rent, if you only pay half a year's rent according to the contract, then the new landlord cannot refuse to perform the contract for reasons in turn. >>>More