Q: Can a lawyer sue a lawsuit in a public housing room, and can a lawsuit be filed in a public housi

1. The ownership of the publicly-owned rental house belongs to the public family, not your grandfather's inheritance, so your grandfather's will (the agreement you said "give my mother the right to lease this cottage") has no legal effect, and your mother is unlikely to fight for the right to lease according to this agreement. 2. Who the lease right is given is ultimately decided by the public unit to which the house belongs, but the unit generally has a condition for changing the continued tenant, generally:

Hukou in this house and living in this house for a certain number of years (generally 2 years or one year, the specific number of years is determined by the public housing unit or the local **). 3. Specific to the inheritance and lease conditions of the real estate you mentioned: please contact the unit to which the property belongs and ask it to be clear.

4. If your mother meets the above conditions: It is recommended that your mother can reach an agreement with other eligible relatives and ask the public housing unit to change your mother to a continuing tenant; If you can't reach a consensus, your mother can also ask the unit to which the public housing belongs to request a change, and the specific change is up to the unit. 5. If your mother does not meet the above conditions:

It's a tough case to win. 6. "Do you have a good chance of winning such a lawsuit?" ”：

It is difficult to say to whom the public housing will continue to be leased, and it should be decided by the unit to which the public housing belongs, and the court has no right to intervene. 7. "We have consulted with a local lawyer, and they suggest a lawsuit, and they say that there is a high chance of winning the case": then you go and talk to the lawyer about the risk**, that is, wait until the lawsuit is won and then pay the lawyer's fee, and see if they agree or not.

Hello, you can go to some legal consultation platforms, such as: Legal Consultation Bar or lvban365, to ask a lawyer, and see what rights and interests you want to fight for when you find a lawyer** lawsuit.

Legal analysis: If the dispute arising from the allocation of the right to use public housing within the unit, if the employees of the unit have opinions on the decision to divide the unit, it is not within the scope of acceptance by the court and cannot be sued by the court; If the alletee (or other relatives who should move out of the old house occupy the old house) who has been allocated a new house and unreasonably occupies the old house, or the non-alletee forcibly occupies the public house on the grounds that the unit allocation is unreasonable, the aggrieved person (including the Limb Frank Flat and the trust-type legal allottee) can file a lawsuit with the court.

Legal basis: Civil Procedure Law of the People's Republic of China Article 3: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Legal Analysis: Public housing disputes can be litigated. The parties can bring the public housing use or lease contract, complaint, identity certificate and other materials to the people's court to file a lawsuit, and the conditions for civil litigation in accordance with the relevant laws and regulations are:

1. The rights or obligations disputed by the two parties in a civil dispute will have a direct impact on the legitimate civil rights and interests of one of the parties; 2. There is a clear target of the lawsuit in the litigation case; 3. The plaintiff has put forward specific litigation claims and corresponding factual reasons; 4. The court where the parties initiate the lawsuit has jurisdiction and adjudication power.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (Yinkai 2) has a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

1. The rights or obligations disputed by the two parties in a civil dispute will have a direct impact on the legitimate civil rights and interests of one of the parties;

2. There is a clear target of the lawsuit in the litigation case;

3. The plaintiff has put forward specific litigation claims and corresponding factual reasons;

4. The court where the parties initiate the lawsuit has jurisdiction and adjudication power.

1. What are the procedures for litigation by the court for debt disputes?

According to the law, when the court examines the lawsuit in a loan case, it shall require the plaintiff to provide a written IOU;

If there is no written IOU, the necessary factual basis shall be provided. Where the above conditions are not met, the ruling is not to accept the lawsuit.

In the case of a private loan, where the debtor has left the country and his whereabouts are unknown, the court will make a default judgment or suspend the litigation depending on whether the "loan relationship is clear". If the group is filial to the "clear loan relationship", the court will make a default judgment; If the loan relationship is unclear and the facts are difficult to ascertain, the litigation will be suspended. Therefore, the lender should retain the evidence of the "clear loan relationship" such as the loan contract and the loan certificate, otherwise the case will be "suspended" indefinitely once the borrower disappears.

2. Attention should be paid to the following issues in litigation:

1. Statute of limitations: Filing a lawsuit with the court within two years from the time when you know or should know your rights and interests.

2. The court where the lawsuit is filed: You should file a lawsuit with the court where the defendant (debtor) is located (the place of household registration or habitual residence).

3. When initiating litigation with the people's court, the following evidence must be provided:

The plaintiff (creditor) shall provide the following:

1. Evidentiary materials that can prove the existence of creditor's rights with the defendant. Such as contracts, IOUs, receipts, IOUs, etc.;

2. Evidence that the defendant has fulfilled its obligations within the time limit. If the money is handed over to the defendant on what day, where, and in what way, and the defendant still does not return it when it expires, it is best to provide proof that it has no relationship with the creditor's rights and the debtor;

3. If there is a guarantor or introducer, the name, gender, age, work unit, home address of the guarantor or introducer must be provided, and if it is a unit guarantee, the name, address, legal representative and other information of the unit must be provided;

4. Provide evidence of the reasons for the defendant's non-performance of obligations.

The defendant mainly provides evidence sufficient to prove that the debt has been fulfilled or has been changed or cancelled. If the material provided is forged or deceptive, it will bear legal responsibility.

Legal basis

Article 119 of the Civil Procedure Law of the People's Republic of China: Initiating a lawsuit must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

(3) There are specific litigation claims, facts, and reasons;

(4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Legal analysis: If the dispute arising from the allocation of the right to use public housing within the unit, if the employees of the unit have opinions on the decision to divide the housing of the Xiangbo unit, it does not fall within the scope of acceptance by the court and cannot be sued by the court; If the alletee (or other relatives who should have moved out of the old house occupy the old house) and the new house is allocated and occupies the old house without prudence, or the non-allete occupies the public house on the grounds that the flat allocation is unreasonable, the aggrieved person (including the unit and the lawful allegote) can file a lawsuit with the court.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 3: The provisions of this Law apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them due to property and personal relationships.

Legal analysis: Public housing disputes can be litigated. The parties can bring the public housing use or lease contract, complaint, identity certificate and other materials to the people's court to file a lawsuit, and the conditions for civil litigation in accordance with the relevant laws and regulations are:

1. The rights or obligations disputed by both parties in a civil dispute will have an impact on the legitimate civil rights and interests of one of the parties; 2. There is a clear target of the lawsuit in the litigation case; 3. The plaintiff has put forward specific litigation claims and corresponding factual reasons; 4. The court where the parties initiate the lawsuit has jurisdiction and adjudication power.

Legal basisArticle 119 of the Civil Procedure Law of the People's Republic of China: (1) The plaintiff is a citizen, legal person or other organization with a direct interest in the case; 2) There is a clear defendant; (3) There are specific litigation claims and facts and reasons for the block; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.