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It's not illegal, what you're talking about is essentially the rent of the house. The property right of the house is a unit, and you have to pay rent if you live in it. Moreover, you have not signed a written lease contract, that is to say, paying rent to live in the unit is an implied contract, then, the contract does not stipulate the lease period, you pay the rent once a month, it can be regarded as a monthly lease renewal, then when the lease is renewed next month, the property owner (unit) asks for an increase in the rent, which is not illegal.
You can choose to rent or not.
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There is no legal basis for the unilateral ** rent of the unit, but according to your description, the property is a unit subdivision, and such disputes are not accepted by the court, and you can complain or adjudicate to the higher authority of the unit.
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See if there is a lease contract between you or whether it expires, or if there is a rent agreement in the contract. If there is an agreement on the expiration or no rent, it can be said that the practice of the unit is not illegal, because you are not the owner of the property before the buyout, and you are the tenant. This kind of matter is an internal matter of the unit, and the general court will not accept it.
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The state has put forward the housing reform policy for many years, and you should have bought it out a long time ago, and the buyout is good for you, if the house is not bought out, and the property right is still the unit, the unit has the right to adjust the amount of rent, but how much to adjust, I suggest you consult the local housing management department.
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If there is no buyout, it is a lease relationship, and the unit has the right to increase the rent, unless the rent is significantly higher than the market**, otherwise, the unit is legal.
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Find out what the cause is? You can go to court and sue her, but in what name are you going to sue, criminal, or civil? Once you have figured this out, you can prepare the evidence.
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You finally see this problem clearly, if your wife really has something wrong with the woman who wants to say this, then we don't need to discuss this issue, if it is said that the woman deliberately loves to play like this, your last solution is to find **, not to go to the court, or to the police, you find these places It doesn't mean much to you.
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You'd better call the police first. Because you need to know the defendant's name, address, and name of the registered account of the harassment**. Some are only available at the police station.
In short, it is cumbersome to operate.
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I can't substitute someone else's words.
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Points are also your top name can be shared, and he will negotiate with you.
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1. The guarantee you mentioned is actually the debtor's repayment commitment, he first confirms the amount owed, then promises the repayment period, and finally says what he is willing to use to repay the debt. This thing is very well written, and it has strong evidentiary power.
2. Under normal circumstances, as long as you submit this repayment commitment, the court can directly order the other party to repay the money. However, if you encounter a very serious and responsible judge, you may find out what kind of money it is, whether it is a legal debt, and if it involves gambling debts, drug money, etc., it will definitely not be protected. It may also be possible to check whether you actually gave the money to the other party, and if you transfer it through the bank, you will have no problem.
In the past, there was a case where the judge directly ordered the defendant to repay the money according to the IOU, but the defendant and his wife committed suicide by running to the court, and later checked that the IOU was really written by the plaintiff with a knife, and the defendant was wronged. So the judge is likely to delve into these questions. The usury you mentioned is likely to be scrutinized, and if it exceeds four times the interest rate of the bank loan, the excess part will not be protected, but you will still get four times the interest.
3. Although the other party promised to repay the loan with those things, the law does not allow you to directly use those things to pay off the debt, and you still have to apply for enforcement after the judgment takes effect, and the court will auction the things and then divide the money.
4. The time limit for applying for compulsory enforcement has been extended from the new Civil Procedure Law to two years, which is beneficial to you.
5. In order to avoid the other party's debt evasion, it is recommended that you apply to the court for property preservation, and first detain his property to prevent him from transferring his property.
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This guarantee is equivalent to an IOU, and you can ask him for it, and August 25, 2008 is the last date for repayment. If you are not in a hurry, you can ask him on 26 August 2008 and file a lawsuit in the people's court. The caveat here is that the other party may transfer the property, and you can preserve the mortgaged property before filing a lawsuit.
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For private lending, the law is protecting, but if it is higher than 4 times the interest rate of bank loans in the same period, it is invalid, that is, the interest below 4 times is valid. Of course, you can use this as evidence, as for the principal, you can definitely get it back, and you can calculate the interest yourself.
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If you don't pay back the money at that time, take the IOU to the court and file a civil lawsuit, and the court should support your claim. As for usury, some courts will not support it.
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1. This IOU can be used as a loan contract, and there is a mortgage clause, which is more conducive to the debtor's recovery of debts, and can be used as the main evidence in litigation. If the IOU is agreed upon by the parties, there is a great possibility of winning the lawsuit if the legal procedure is signed.
2. According to the provisions of the Contract Law, the maximum interest of the private loan contract shall not exceed 4 times of the bank's interest for the same period.
3. The litigation fee for property cases such as contract disputes is determined according to the value of the case: 1,000 yuan to 50,000 yuan.
50,000 yuan to 100,000 yuan The number of yuan of the target.
The costs of the proceedings are borne by the losing party. If your claim is partially supported, it is prorated proportionately. However, after the plaintiff has paid in advance, the plaintiff's litigation costs will be refunded only after the defendant has been executed.
4. The lawyer can please or not, I suggest that there is no need to spend this money. Because the facts are clear and the evidence is well-founded.
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First, it is best to go to a notary public for a notarization.
2. The witness should preferably be a third party who has nothing to do with the creditor's rights and debts. Your witnesses above are all third parties related to creditor's rights and debts.
Certainty of winning the lawsuit: 1. If it is not necessary, do not write any guarantee. Just write an IOU. Note that it is best not to record any date on the IOU.
2. As long as the interest on Xia XX's money is not higher than the range allowed by law, the specific amount of interest must be recorded on the IOU.
Supplement: 1. Consult a local lawyer for litigation fees. A lawyer can be left uninvited, provided that you are able to fight a lawsuit. Otherwise, maybe you'll lose. Just maybe.
2. The complaint may request that the defendant pay the expenses related to the lawsuit.
3. There will be no refund. It is paid by the defendant to the plaintiff.
Again: It's best to ask the other party to issue a new IOU, and don't write any more dates. That's asking for trouble.
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Hello, in this case, there is generally no more effective way to exempt from liability for breach of contract.
However, in practice, some methods are feasible. The premise is that your landlord doesn't understand the law.
According to the provisions of the Contract Law of the People's Republic of China, if the lessor neglects to perform part of the contractual obligations, the lessee is not required to pay the agreed liquidated damages for the lease term if the lessee claims to terminate the contract on the grounds of the lessor's fault.
As for the specific cause, it is up to you to use your own wisdom. Take a look at the clause in the contract law that you can terminate the contract, and design a trap for the landlord to get into. Then you sue for rescission of the contract. The odds depend on whether the facts of your design comply with the law.
For example, if it's broken here today, it's broken there tomorrow, etc.
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Only negotiate a settlement, or sublet (preferably if you can find a tenant to sign the lease directly with the first landlord).
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Generally speaking, it is difficult unless you can find evidence that the liquidated damages provision of 1w is an illegal unilateral exemption clause, so that you have a chance.
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In this case, the liquidated damages were too high, generally 20% of the total target, i.e. 6,800 yuan; The law will not support the excess of 3,200 yuan;
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Article 114 of the Contract Law: 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 method of calculating the amount of compensation for losses arising from the breach of contract.
If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.
According to your situation, I will give you two suggestions:
1. Find a third party to renew the lease, you can settle with the third party for the unfulfilled part of the rent you have paid, the original rental contract will be terminated, and the landlord will sign the rental contract with the third direct press. In this way, there is no loss to the landlord and the landlord can be exempted from liability for breach of contract.
2. Let the landlord file a lawsuit with the court, and in the process of responding to the lawsuit, request the people's court to reduce it appropriately because the liquidated damages are too high.
The liquidated damages generally exceed 20% of the total amount of performance, and the court does not support it, 1450*19*20%=5510 yuan, and it is generally agreed that the liquidated damages are compensation for one month's rent (which should be rented within one month).
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You are not willful or grossly negligent and are not liable. The company is responsible for compensation.
Legal Basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
Article 9 Where an employee causes injury to a person in the course of employment activities, the employer shall be liable for compensation; If an employee causes damage to another person intentionally or through gross negligence, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability, it may recover compensation from the employee of Confession.
"Engaging in employment activities" as used in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. Where an employee's conduct exceeds the scope of authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties, it shall be found to be "engaging in employment activities".
Article 10 If the contractor causes damage to a third party or causes its own damage in the process of completing the work, the contractor shall not be liable for compensation. If the person who made the order is negligent in the ordering, instruction or selection, it shall bear the corresponding liability for compensation.
Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer has assumed the liability for compensation, it may seek compensation from a third party.
If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.
The provisions of this article do not apply to the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.
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This is an accident, and you are not responsible for it, but the employer should be responsible. You are not willful or grossly negligent, and this is an unforeseeable event.
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The house is generally owned by the collective without a real estate certificate, and the occupants only have the right to use but not ownership, so they cannot be used for trading, but can only be used for rent.
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Obtain the ownership of the house from the unit first, and then trade it with the outside world.
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Difficult, the key is not to have a real estate certificate, go to the relevant departments for consultation.
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If you have a title deed, you can use it for transactions.
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Refer to the arbitration department to deal with this issue. If you go through the legal process, you will be held criminally liable.
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The amount reaches a certain level of misappropriation of funds.
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