What should I do if the tenant defaults and infringes on the contract and does not hand over the hou

Zuber Rental Network Recommendations:It is recommended that you take legal means to solve the problem, find a way to negotiate with the tenant, and if the negotiation fails, sue the court, and the court will rule that he vacate the house.

If they do not move out at the end of the year, the court will force them to move out at that time.

Also, there is no need to worry about the rent, because the loss of rent during this period can be claimed against the other party.

In addition, as for the litigation costs, although you pay them in advance, they are still borne by the tenant in the end because they refuse to move out.

You can sue in court to demand that you bear the liability for breach of contract and deliver the house.

You can first negotiate a resolution with your tenant.

If the negotiation cannot be resolved, you can ask the other party to move out, if you do not move, you can try to call the police (although it is not of much use), in addition to the problem can be solved through litigation.

If you don't sign a contract, you can only find 110 to mediate. If you sign it, you can sue him and ask him to compensate. However, a legally binding contract is required.

Generally, this is the only case for mediation. If you forcibly remove his things, then he will bite you and break them, or lose his things, and ask you to pay for it. Then it will only be more troublesome.

1. Sue to the court to require the other party to vacate the house within a time limit and bear the liability for breach of contract;

2. If you are unwilling to sue to the court, you can forcibly remove it.

Specifically, if you don't pay the rent, you won't leave, or what? Door-to-door cleanup.

The method of returning the deposit is as follows:

1. The lessee and the lessor negotiate to terminate the lease contract, and the refund of the deposit shall be subject to the agreement between the two parties;

2. When signing the contract, if it is agreed that the lessee has notified the lessor in advance of the period, it will not be counted as a breach of contract, and the lessee has also notified the lessor that the lessor is not renting the lessor's house in the specified period, then the lessor needs to refund the lessee's money;

3. If there is no provision in the contract, if the lessee quits the lease before the contract expires, the lessor has the right not to return the deposit;

4. If the lessor breaches the contract, the lessee requests to terminate the contract, the deposit needs to be returned, and the lessor bears the liability for breach of contract;

5. If the lessee breaches the contract, resulting in the lessor's request to terminate the contract, the lessee shall bear the liability for breach of contract, and the deposit shall be returned if it is cancelled;

6. If the contract cannot be continued due to the termination of the contract or force majeure, it shall be handled in accordance with the contract.

Legal basisArticle 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 agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 578.

If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.

Legal analysis: If the rental contract has not expired, even if the landlord is willing to pay liquidated damages, the tenant can not move out, and the tenant has the right to execute in accordance with the contract. If the parties to the contract have agreed on liquidated damages, they may require the other party to pay liquidated damages, and if there is no agreement on liquidated damages, they may require the other party to take remedial measures or compensate for losses and other liabilities for breach of contract.

Legal basis: Article 585 of the Civil Code of the People's Republic of China The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the calculation method of compensation for losses arising from the breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the defaulting party shall also perform the debt after paying the liquidated damages.

It depends on whether the lease contract stipulates the lease period. If it is a fixed-term contract, the lessee of the sail sedan chair shall bear the liability for breach of contract and compensate the lessor for the direct and indirect losses caused by the breach of the contract; In the case of an indefinite lease contract, the lessee may terminate the lease contract with the lessor at any time, and the lessee shall not be liable for breach of contract.

Legal basis: Article 510 of the Civil Code of the People's Republic of China stipulates that after the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

Article 584 of the Civil Code of the People's Republic of China stipulates that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to 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.

Article 707 of the Civil Code of the People's Republic of China stipulates that if the lease term is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

Article 730 of the Civil Code of the People's Republic of China stipulates that if the parties have not agreed on the term of the lease or the agreement is not clear, and it is still uncertain according to the provisions of Article 510 of this Law, it shall be deemed to be an indefinite lease; The parties may terminate the contract at any time, provided that they notify the other party within a reasonable period of time.

Failure to owe rent is generally not considered a breach of contract, except in exceptional circumstances. For example, the lessee fails to use the leased property in the manner agreed in the contract, or the nature of the leased property itself, causing losses, or the lessee subleases without the consent of the lessor.

Article 709 of the Civil Code of the People's Republic of China The lessee shall use the leased property in accordance with the agreed method. Where there is no agreement on the method of use of the leased property or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be used respectfully according to the nature of the leased property. 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: In the case of rent arrears from the lessee, the lessor can not only pursue the liability for breach of contract against the lessee if it requests to terminate the contract and recover the rent arrears, but also requires the lessee to pay liquidated damages and continue to perform the lease contract while recovering the rent arrears from the lessee.

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

Article 577: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 compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its obligations under the contract, the other party may request that it bear liability for breach of contract before the expiration of the time limit for performing the contract.

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.