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Legal Analysis: The complaint for housing lease disputes shall include the following matters:
1. The plaintiff's name, gender, travel unit, residence and other information;
2. The defendant's name, gender, place of work, address, and other information;
3. What are the plaintiff's claims, as well as the facts of the housing lease dispute between the parties of Shuangye Town, and the reasons for the plaintiff's claims should also be clearly stated;
4. All kinds of evidence and evidence of housing lease disputes**, and the names and addresses of witnesses should also be provided.
Legal basis: Civil Code of the People's Republic of China
Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 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.
If the lease term is fixed, it shall be regarded as an indefinite lease.
Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.
Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for the loss.
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Legal analysis: The complaint for a rental housing dispute should be divided into three parts, the first part clearly states the identity information of the original defendant, including name, ID number, address, etc., and the second part lists all the litigation claims, such as: request for an order to terminate the housing lease contract, request to order the defendant to return the rented house, request to order the defendant to pay rent and liquidated damages, request to order the defendant to bear litigation costs, etc.
The third part presents the facts and reasons. Explain the facts and the reasons and basis for the request in clear and concise language, and write the name of the court at the end. And at the registration place, attach the signature of the person who bears the petition and the date of the petition.
It should be noted that the court with jurisdiction should be clarified when filing the indictment. If there is an agreement in the housing lease contract, it shall be determined according to the agreement, and if there is no agreement, it shall be determined according to the specific circumstances.
Legal basis: Article 715 of the Civil Code of the People's Republic of China The lessee may, with the consent of the lessor, improve or add other things to the leased hidden property.
If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for the loss.
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What should be included in the complaint for housing lease disputes:
1. The basic information of the parties.
This includes indicating the name, gender, age, ethnicity, occupation, workplace, and residence of the plaintiff, defendant, and third party. If the parties are legal persons or other organizations, the name and domicile of the legal person or organization, the name and position of the legal representative or principal responsible person should be clearly stated. If the plaintiff has a retained person (lawyer or other client) to participate in the litigation, the basic information of the person and the relationship between the plaintiff and the person being the subject shall also be clearly stated.
2. Litigation claims.
That is to say, it is necessary to specify the specific requirements for the people's court to protect its legitimate rights and interests in accordance with the law. For example, the defendant is required to bear certain civil liability, and the people's court is requested to revoke, modify, or partially revoke a certain administrative act of an administrative organ.
3. The facts and reasons on which the claim is based.
In the pleadings, it is necessary to rigorously and in detail describe the facts of the litigation and the main focus of the dispute, as well as the legal and regulatory provisions that support the litigation in these factual disputes. For example, at present, disputes over the sale and purchase of commercial housing are mainly focused on several issues, such as the delay in the delivery of the house by the developer, the excessive discrepancy between the marked and measured area of the housing contract, and the inconsistency between the construction quality and decoration standards and those specified in the contract. If a lawsuit is filed against the seller because of these points, when filling out the complaint, it is necessary to clearly state the time and place of signing the contract, the internal content of the relevant clauses in the contract, and the reasons for the defendant's breach of contract, and indicate which legal provision the defendant violated by the fact of breach of contract.
4. Evidence and evidence for litigation**.
When accepting a litigation case, the court must make a judgment in accordance with the law on the basis of sufficient facts, which requires the plaintiff to provide as much evidence as possible to prove that he enjoys the rights and interests granted by the court and that the other party should bear legal responsibility when making a claim. For example, if it is a commercial housing transaction dispute, the evidence that the parties should provide should include: proof of the house sale agreement (contract), proof of housing ownership, payment of housing payment, etc., as well as evidence materials of the other party's failure to pay the agreed matters.
Legal basis: Article 470 of the Civil Code, the content of the contract shall be agreed upon by the parties, and generally include the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.
Real ticket - regular company handling].
Add. Q number 275 - plus - 885 - plus - 9050 input number plus q to ask]. >>>More
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.
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Party A's (lessor's) ID number.
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