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First of all, the tenant can show the tenant a written certificate in advance, asking the tenant to move out of the house within a certain period of time. Secondly, if the renter is unable to agree to the request of the renter, the owner of the house can take the relevant materials and notarize the property together. Finally, if the other party does not move out of the house for a long time, the tenant has already committed a tort, and the tenant can file a lawsuit.
Nowadays, many young people work in big cities and need to find the right house. Although some companies will provide dormitories for their employees, it does not mean that all large companies can provide better accommodation for employees. At this point, employees need to find a suitable house to rent.
The two parties will sign a rental contract, once the house expires, one party does not renew the contract, and the other party respects the other party's ideas.
Under normal circumstances, most people who rent houses will sign rental contracts in order to ensure the normal state of the house and protect their legitimate rights and interests. In the event of various problems, both parties will defend their rights in accordance with the terms of the contract. But there is no such thing as a feast, and every resident has the right to dispose of his own house.
Now that the contract has expired, it is even more important for tenants to look for a more suitable home.
If the tenant is reluctant to move out of the house for a long time, even an unpleasant situation arises for both parties. If it goes on for a long time, it will only consume the trust between each other. The renter has committed a tort, and the owner of the house can file a lawsuit in the local court with a large amount of evidence and information.
In general, although the rental contract will protect the legitimate rights and interests of both parties, it does not mean that one party will properly comply with all the information in the housing contract. In addition, when the housing contract expires and is not renewed, it is reasonable to inform the other party. It can not only create time for the other party to find a new **, but also reduce disputes.
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If she doesn't move out, you can take enforcement measures, after all, your contract has expired, and he has no reason to stay here.
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Tell them to move out and pay the money within a reasonable period of time (e.g. 3 days), otherwise they will file a lawsuit in court.
If they do not move out within the notification period, they shall file a lawsuit with the court filing division and request pre-litigation property preservation, and the court shall seize the goods stored in the house.
Sue for repayment of the house payment, bank interest for the same period of delay in payment of the house payment, moving out of the rented house, and paying rent for overdue rentals.
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This is a violation of the law, and you can sue the tenant directly. After all, this is your house, not his.
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Give them some compensation appropriately. You can also help them find another place to live. You can calm down and explain.
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Legal analysis: If the tenant does not move out when it expires, the lessor can negotiate with the tenant and require him to move out within a reasonable period of time. If the tenant decides to renew the lease, he needs to re-enter into a new lease contract and continue to pay the rent; If the tenant does not renew the lease, it needs to move out within a reasonable period of time, otherwise the lessor may require the tenant to bear the corresponding liability for breach of contract.
Legal basis: Civil Code of the People's Republic of China
Article 733: Upon the expiration of the lease term, the lessee shall return the leased property. The returned leased property shall be in a state that conforms to the agreement or the nature of the leased item after use.
Article 734 If the lessee continues to use the leased property upon the expiration of the lease term and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease term shall be indefinite.
At the expiration of the lease term, the tenant of the house has the right of priority to lease on the same terms.
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Legal analysis: (1) If the lessee notifies the lessor's close relatives, unit or visa department to relocate according to the due date, it shall be treated as if the original lease has not been renewed and no rent will be paid. (2) Before the lessee notifies the lessor to return or before making a clear statement to the lessee, the lease shall be renewed, and the rent may be paid in accordance with the original lease agreement, or the rent may be handed over to the above-mentioned person on a monthly basis to be collected and forwarded to the lessor, and the lease shall be not renewed from the date on which the lessor is aware of the expression of intent not to renew the lease.
Legal basis: "Provisions on the Administration of Urban Private Housing" Article 20 When the lease contract is terminated, the lessee shall return the house to the lessor. If the tenant is unable to find the premises by the expiration date, the lessor shall extend the lease term as appropriate.
If the lease is extended, the tenant should pay a late occupancy fee for the premises before moving out.
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Legal analysis: The housing lease contract is true, legal and valid, and can be resolved through negotiation if it does not move out before it expires. The parties may terminate the contract by consensus.
The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.
Legal basis: Civil Code of the People's Republic of China
Article 562.
The parties may terminate the contract by consensus.
The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.
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It is legal for the tenant not to move out if the contract has not expired. The housing lease contract signed between the landlord and the tenant is true, legal and valid, and is protected by relevant laws and regulations, and both parties to the contract shall perform their respective obligations in accordance with the provisions of the law and the contract. At the end of the lease term, i.e. after the expiration of the contract, the tenant should move out.
[Legal basis].According to Article 708 of the Civil Code, which came into effect on January 1, 2021, the lessor shall deliver the leased property to the lessee in accordance with the agreement, and keep the leased property in accordance with the agreed purpose during the lease term.
Article 733.
Upon the expiration of the lease term, the lessee shall return the leased property. The returned leased property shall conform to the state in which it has been used in accordance with the agreement or according to the nature of the leased item.
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