Is it an exclusive jurisdiction for disputes over non payment of rent?

Exclusive jurisdiction is a type of territorial jurisdiction. The law stipulates that certain cases must be administered by a specific court, and the parties cannot change them by agreement. It is mandatory and exclusive, and is not exactly the same as special jurisdiction.

The provisions on exclusive jurisdiction in various countries around the world are mainly manifested in family, inheritance and real estate cases.

The exclusive jurisdiction of civil litigation in China includes: litigation arising from immovable property shall be under the jurisdiction of the people's court where the immovable property is located; Litigation arising from port operations shall be under the jurisdiction of the people's court where the port is located; Litigation arising from registration shall be under the jurisdiction of the people's court at the place where the registration authority is located; In the case of inheritance litigation, the people's court at the place of the deceased's household registration or the place where the main estate is located has jurisdiction; Bankruptcy litigation shall be under the jurisdiction of the people's court at the location of the bankrupt enterprise's main administrative office. Exclusive jurisdiction for administrative litigation in China:

Administrative litigation cases arising from immovable property shall be under the jurisdiction of the people's court at the location of the immovable property.

Article 34 of the Civil Procedure Law of the People's Republic of China: Parties to a dispute over contracts or other property rights and interests may agree in writing to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, the place where the subject matter is located, and other places that have an actual connection with the dispute, provided that the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction must not be violated.

Article 35: Where two or more people's courts have jurisdiction, the plaintiff may file a lawsuit in one of the people's courts; Where the plaintiff files a lawsuit with two or more people's courts with jurisdiction, the people's court that first files the case has jurisdiction.

Article 36: Where a people's court discovers that a case it accepts is not within the jurisdiction of that court, it shall transfer it to the people's court with jurisdiction, and the people's court receiving the transfer shall accept it. Where the people's court receiving the transfer finds that the transferred case does not fall within the jurisdiction of that court in accordance with provisions, it shall report to the people's court at the level above to designate jurisdiction, and must not transfer it on its own.

Article 127:After a people's court accepts a case, where a party has an objection to jurisdiction, it shall do so during the period for submitting a reply. The people's courts shall review the objections raised by the parties. where the objection is sustained, a ruling is made to transfer the case to a people's court with jurisdiction; If the objection is not sustained, a ruling is to reject it.

Where a party does not raise an objection to jurisdiction and responds to the lawsuit, it is deemed that the people's court receiving the lawsuit has jurisdiction, except for violations of the provisions on hierarchical jurisdiction and exclusive jurisdiction.

Exclusive jurisdiction includes three situations: 1. Litigation arising from real estate disputes. 2. Disputes arising from port operations. 3. Inheritance lawsuits. See, rent disputes do not belong to exclusive jurisdiction cases.

No, it belongs to territorial jurisdiction.

Legal Analysis: Exclusive jurisdiction applies to the jurisdiction of housing lease contract disputes. The scope of exclusive jurisdiction is as follows:

1. Litigation arising from real estate disputes shall be under the jurisdiction of the court where the immovable property is located; 2. If a lawsuit is filed due to a dispute over the port operation, the court of the port base shall have jurisdiction; 3. Litigation arising from inheritance shall be governed by the place where the decedent is domiciled at the time of death or the location of the main estate (determined by the value).

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.

Legal Analysis: The jurisdiction of disputes over housing lease contracts is not exclusive jurisdiction. Although the dispute over the housing lease contract is implicated in the real estate dispute, the basis for the legal relationship at issue is the contract existing between the parties, and its nature is still a dispute over creditor's rights and debts, not a dispute over real estate rights, and the exclusive jurisdiction should not be applied, but the special territorial jurisdiction of the contract dispute should be applied, which shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or the place where the contract is performed, that is, where the immovable property is located.

Legal basis: Article 23 of the Civil Procedure Law of the People's Republic of China Article 23 Litigation arising from contract disputes shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the person who performs the contract is performed.

Exclusive jurisdiction applies to disputes over housing lease contracts.

Article 703 of the Civil Code A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China Article 33, Paragraph 1 of the Civil Procedure Law refers to disputes over property rights arising from the confirmation of rights, division and adjacency of immovable property. Disputes over rural land contracting and operation contracts, housing lease contracts, construction contracts, and policy-based housing sales contracts shall be governed in accordance with real estate disputes. Where immovable property has been registered, the location of the immovable property recorded in the immovable property register shall be the location of the immovable property; Where the immovable property has not been registered, the actual location of the immovable property shall be the location of the immovable property.

Disputes over immovable property as provided for in Paragraph 1 of Article 33 of the Civil Procedure Law refer to disputes over property rights arising from the confirmation, division, and adjacency of immovable property.

1. The scope of exclusive jurisdiction is as follows:

1. Litigation arising from real estate disputes shall be under the jurisdiction of the court where the immovable property is located;

2. If a lawsuit arises due to a dispute over port operation, the court at the place of port operation shall have jurisdiction.

3. Litigation arising from inheritance shall be governed by the place where the decedent is domiciled at the time of death or the location of the main estate (determined by the value).

II. Litigation Procedures for Housing Lease Disputes.

1. Litigation procedure refers to the exchange of information and communication between the subjects of litigation proceedings. The dialogue between subjects goes in two directions: one is a horizontal dialogue between the parties (i.e., rebuttal), and the other is a vertical dialogue between the court and the parties (i.e., discussion).

In order to ensure the reasonableness of the dialogue, the litigation procedure should be designed to maintain the equality and competitiveness of the positions between the parties, as well as the antagonism and unity between the court and the parties.

2. The complaint must be written first, which includes the personal information of the plaintiff and the defendant, the cause of the lawsuit, the litigation claim, and the evidentiary materials. If you need to appoint a lawyer, find a reliable lawyer. Submit the complaint to the court, after the court files the case, it will tell the time and place according to the situation, and the court will give the verdict after a period of time after the trial.

The law stipulates that the time limit for the trial of the first instance is six months.

Exclusive jurisdiction is not applicable to housing lease disputes, and generally should be under the jurisdiction of the court where the house is located, and individually by the court where the defendant is located, or by the court of the defendant's place of household registration or residence.

Article 33 of the Civil Procedure Law: The following cases shall be under the exclusive jurisdiction of the people's courts provided for in this article: (1) Litigation arising from real estate disputes shall be under the jurisdiction of the people's court at the place where the immovable property is located;

2) Litigation arising from disputes arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located; (3) Litigation arising from inheritance disputes shall be under the jurisdiction of the people's court at the place where the decedent died and where he or she was domiciled or where the main estate was located.

Article 34.

Parties to a contract or other property rights and interests dispute may agree in writing to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, the place where the subject matter is located, and other places that have an actual connection with the dispute, but must not violate the provisions of this Law on the assignment of hierarchical jurisdiction and exclusive jurisdiction.

When renting a house, everyone has to sign a house rental contract, and if there is a dispute, it must be handled based on the contract. Let's take a look.

Disputes over housing lease contracts are subject to exclusive jurisdiction. Disputes over housing lease contracts shall be subject to the determination of jurisdiction in accordance with real estate disputes, and the location of the immovable property, i.e., the location of the leased house, shall become the basis for determining the competent court. Exclusive jurisdiction shall apply to real estate dispute cases, and the clause in the housing lease contract that the parties stipulate that a court other than the court where the house is located shall be the competent court is invalid.

According to Article 33 of the Civil Procedure Law, there are three main types of general exclusive jurisdiction: the exclusive jurisdiction of the court where the immovable property is located for litigation arising from real estate disputes; Litigation arising from disputes arising from port operations shall be subject exclusively to the jurisdiction of the court where the port is located; Litigation arising from inheritance disputes shall be subject to the jurisdiction of the court where the decedent died in the place where the decedent was domiciled or where the main estate was located.

What are the precautions for renting a housing contract

1. Check the identity documents of the other party when signing the contract, and keep copies of each other's ID cards. It is better to carry a temporary residence permit issued by the local police station.

2. The date of signing the contract and the time when the rent is due, as well as the way and date of rent payment, and how to compensate if the landlord terminates the contract early. Write a list of indoor items, no matter how small things are, and write down how to compensate if it is damaged.

3. Regarding the signing of the written "Housing Lease Contract", if the lease period is more than six months, it shall be in written form. If it is not in writing, it is considered an indefinite lease.

4. When the lease contract expires or is terminated, how to deal with the tenant's decoration of the leased house has always been a hot topic of controversy in practice. According to the judicial interpretation of the Higher People's Court, 5. If there is no express agreement in the contract, it shall be handled separately according to various circumstances. Therefore, it is recommended that both parties to the lease contract should clarify the ownership, discount, demolition, repair and other matters of decoration and decoration according to the actual situation when signing the contract.