Does not return property forgotten by the tenant to the tenant during the term of the tenancy contra

During the term of the rental contract, the landlord illegally occupies the forgotten property of the original tenant and refuses to return it. It will constitute the crime of illegal occupation of other people's property, and the tenant can negotiate to deal with it first, and if it cannot be negotiated, it can be reported to the police, and if the police cannot handle it, they can appeal to the court.

This constitutes the offence of unlawful possession. The main legal characteristics of this crime are: (1) the subject is a general subject, that is, a natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility; (2) Subjectively intentional. The perpetrator clearly knows that his or her conduct will infringe upon the ownership rights of others' property, but still intentionally commits it, and the perpetrator has the purpose of taking possession of others' property; (3) Objectively manifested as illegally taking possession of other people's property, forgotten property, or buried property in one's custody, and the amount is relatively large.

4) The object is the property ownership of others.

Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than two years, short-term detention or a fine; where the amount is huge or the circumstances are serious, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Those who commit this crime shall be dealt with only after being told.

Hello this netizen, I'm very happy with your question, during the rental contract period, the right to use the house still belongs to you, and if the landlord encroaches on the tenant's property, it is illegal occupation!

At the expiration of the contract, if the tenant forgets to take the property when moving the property in the rented house, the landlord shall take the initiative to return it, and if it is not returned, it will be illegal possession. In the light case, it will be ordered to be returned, and in the serious case, it will be investigated for legal responsibility.

Even if the rental contract expires. The property left by the tenant should be returned to the owner, and if it is not returned, it constitutes the crime of illegal possession.

During the term of the rental contract, the tenant's property in the rented house belongs to the tenant's private property, and the landlord may not encroach on it for any reason, otherwise it constitutes the crime of illegal possession.

Of course, when the rental house is rented, the property right of the house belongs to the landlord, and the right to use it belongs to the tenant, as long as it is not the items in the distant house, the landlord has no right to move.

I don't think it's a crime, but if the tenant comes to ask for it, the landlord should return it.

Definitely. And no matter if someone else's things are not in the contract period, they must be returned to others, unless they explicitly do not want them.

This is definitely the crime of illegal possession!

If the amount of property is large.

If you commit the crime of unlawful possession, you can sue the court to get your property back.

Of course, if it belongs to you, of course you have the right to come back.

The landlord does not have the right to throw away the tenant's things.

After all, it is now a legal society, although the house is yours, but the items inside are still private, and the landlord has no right to move the items in the house, preferablyCommunicate with your guests in advanceIf the communication is ineffective, then you have to ask Uncle Hat to solve it in writing.

I have seen a lot of landlords estimated that they came in advance before the day of rent payment, as a tenant is more reluctant to let the landlord urge, so it is more worry-free to hand over to the other party early, if once the landlord throws away the tenant's things, then it will eventually cause unnecessary disputes.

Some time ago, I just watched a news, Mr. Weng's friend rented an office in Hangzhou, this office mainly put some common items used by the company, when it is time to pay the property fee, maybe because of busy affairs, so the temporary payment, but the property thinks that the other party does not want it, and directly throws away the items stored by Mr. Weng's friend in the house. The tenant immediately found that various tables, chairs and other valuables in the house were worth more than 200,000 yuan, and the company's confidential documents and the customer's contract were lost, and immediately found the property to make a claim, and the property believed that the tenant did not pay the fee within the time limit, and the mobile phone was also in a state of disconnection, and they felt that as the owner of the house, they had the right to deal with things.

Regarding Mr. Weng's friend's rent, I believe it is specificYou should be clear about when you want to pay your rent, and the specific documents and items in the house cannot be confirmed. From the landlord's point of view, after all, it is also a loss for the house to be placed, May DayIt's also possible for a tenant to run away and not pay the bill, and it's understandable to throw away the tenant's things。In the end, who is right and who is wrong in this matter, I believe everyone has their own opinion.

Personally, I think that "the public says that the public is reasonable, and the mother says that the mother is reasonable".Both sides are at fault, and also have to bear a certain amount of responsibility. Then we encounter the same time at the same timeHow to deal with it in the first place?

1. Notify the property management company, the staff of the neighborhood committee and the police to the scene, open the door of the rental house, count the items in the room, make a detailed list of items, take photos and videos, and ask a third party to sign the list of items as a witness;

2. The tenant's belongings can be stored in a centralized manner, and if others are entrusted to store them on their behalf, the tenant can be charged a storage fee;

3. If the tenant is in arrears of rent, he may sue the people's court to pay the rent and bear the liability for breach of contract.

Since we are a member of society, we must maintain the relationship between people and try not to have unnecessary disputes. At the same time, asTenants also have to fulfill their responsibilities, and there is still a need for trust between people

Therefore, the liquidated damages can be freely agreed upon by the parties, but in practice, if the agreed liquidated damages are lower than the losses caused, the parties may request an increase. If the agreed liquidated damages are excessively higher than the losses caused, the parties may request an appropriate reduction. Therefore, the amount of liquidated damages paid by the parties in the end is not necessarily the amount agreed in the agreement.

Therefore, in fact, if the landlord terminates the rental contract in advance, and the tenant finally gets the liquidated damages, which is far lower than the actual loss, it is recommended to negotiate with the other party in time, if the negotiation fails, and the loss is larger, it is also recommended that you can join other tenants who have also suffered losses to sue the court, and you can find a lawyer who is good at fighting contract disputes to participate in the litigation.

Article 577 of the Civil Code: If a party 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 compensating for losses. Article 578 of the Civil Code provides that if one of the parties expressly states or uses its own indication as an indication of non-performance of its contractual obligations, the other party may request it to bear liability for breach of contract before the expiration of the performance period.

The landlord has the right to evict the tenant without cause after the lease expires. After the expiration of the lease contract signed by both parties, the lease contract relationship is terminated, and in the event that the two parties do not agree to continue the lease, it is the main contractual obligation of the tenant to move out and return the premises.

Article 724 In any of the following circumstances, if the leased property cannot be used due to reasons attributable to the lessee, the lessee may terminate the contract: (1) The leased property is sealed or seized by the legal organ or administrative organ in accordance with law; (2) There is a dispute over the ownership of the leased property; (3) The leased property violates the mandatory provisions of laws and administrative regulations on the conditions of use. Article 729 Where part or all of the leased property is damaged or lost due to reasons not attributable to the lessee, the lessee may request a reduction in rent or not to pay the rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the leased property, the lessee may terminate the contract.

Article 731 If the leased property endangers the safety or health of the lessee, the lessee may terminate the contract at any time, even if the lessee clearly knows that the quality of the leased property is not up to standard at the time of entering into the contract.

If the owner violates the housing lease contract, he shall compensate the other party for direct losses and available benefits. If the liquidated damages and deposit clauses are stipulated in the housing lease contract, the parties may choose to apply them. The benefits available shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

[Legal basis].Article 577 of the Civil Code of the People's Republic of China.

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

Article 584.

If one of the parties fails to perform its contractual obligations or performs its contractual obligations in accordance with the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.