The house has been closed and the original landlord does not move out, what should I do?

The house is yours after the house has passed, and you have the right to ask the original landlord to move out, and if he doesn't move out, there are two situations, either ask the court to enforce it.

Let him move out, or you have the right to charge him for rent.

The house has been transferred and the original landlord does not move out, so it should be done in accordance with the contract.

You can choose to call the police or go to court to file a lawsuit.

If you don't move out, you can call the police to deal with it, and at the same time, you can also go to the court to sue the other party for enforcement, and move out within a limited time.

The house has been occupied. Then the house belongs to you, and the original landlord does not move out, so you have to ask what is the reason? If there is difficulty, you can delay it for a few more days, and if he does not leave, then he can only choose to call the police and use compulsory methods to drive away.

In this case, you can call the police, after all, this time has already been completed, and it is not his house, if you leave, the real estate agent can find a real estate agent to coordinate.

The house has been moved and the original landlord is unwilling to move out, in which case you can apply to the court to ask them to forcibly move out, because only then can you protect your rights.

If this is the case, I think you can go directly to the court to sue the original landlord, because you have already bought this house, so this house belongs to you, and if the patient has been in your house, it belongs to the property that has embezzled you, and you can definitely sue.

It is recommended that you negotiate a settlement, and if the negotiation fails, the lawsuit requires the other party to move out immediately.

Or a direct lawsuit. Go to the housing authority to print your housing information, and it is recommended to send a lawyer's letter to solve the problem as soon as possible.

Sort out first, then soldier, first out, send SF or post.

Then take the real estate certificate to cut off the water, electricity, and gas. At this time, they will basically choose to move out!

In the end, no, go to the court to apply for enforcement!

The house has already been transferred, and if the original landlord does not move out, you can call the police directly.

You can work hard, you can sue him, how can you be in the legal society? Why don't he move away?

If I encounter a ruffian like this, you can't solve it yourself, and he won't listen to persuasion. You directly choose to call the police and let the police deal with it.

Legal analysis: Yes, if you have completed the transfer of ownership of the house, then the right to use and ownership of the house already belongs to you, and the original landlord's refusal to move out is an encroachment on your property, you can call the police first, if you insist on not moving out, you can go to the court to apply for enforcement.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 224:The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court for the location of the property being enforced.

Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

Article 225:Where parties or interested parties feel that enforcement violates legal provisions, they may submit a written objection to the people's court responsible for enforcement. Where parties or interested parties submit written objections, the people's courts shall review them within 15 days of receiving the written objections, and where the grounds are sustained, rule to revoke or correct them; where the reasons are not sustained, a ruling is to reject it. Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served.

Article 226:Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.

Article 231:Where during enforcement, the person subject to enforcement provides a guarantee to the people's court, and with the consent of the person applying for enforcement, the people's court may decide on a suspension of enforcement and the period for which enforcement is to be suspended. If the person subject to enforcement still fails to perform within the time limit, the people's court has the right to enforce the property of the person subject to enforcement or the property of the guarantor.

AbstractIn this case, how to pay and when to deliver the house are clearly stipulated in the contract, and the rights and obligations of both parties are subject to the contract.

If there is nothing wrong with the contract itself, it is a matter for both the buyer and the seller, and it is not necessary to sue the intermediary secretly. If the other party does not move out on time, in addition to requiring the other party to move out, the other party can also be required to bear the liability for breach of contract.

If there is no clear agreement on the liability for breach of contract, it may be considered to claim according to the local rent and the actual date of residence of the other party.

You can find a lawyer** to review the relevant information thoroughly.

What should I do if the original landlord refuses to move out after the purchase of a second-hand house has been transferred?

In this case, how to pay and when to deliver the house are clearly stipulated in the contract, and the rights and obligations of both parties are subject to the contract. If there is nothing wrong with the contract itself, it is a matter for both the buyer and the seller, and it is not necessary to sue the intermediary secretly. If the other party does not move out on time, in addition to requiring the other party to move out, the other party can also be required to bear the liability for breach of contract.

If there is no clear agreement on the liability for breach of contract, it may be considered to claim according to the local rent and the actual date of residence of the other party. You can find a lawyer** to review the relevant information thoroughly.

The contract is signed to move out after receiving the house payment for 3 days, but we have urged them several times, that is, they can't move if the house is not found, and the contract is signed for 3 days after receiving the house payment and so on, but we have urged them several times, which means that they can't move out if the house is not found, so they can only go through the legal process.

Looking for an intermediary to play ball, the contract was signed clearly, today we asked us for a TV, tomorrow for air conditioning, the day after tomorrow for a bed, we are annoyed, let them move and say that they did not find a suitable house.

Looking for an intermediary to play ball, the contract was signed clearly, today we asked us for a TV, tomorrow for air conditioning, the day after tomorrow for a bed, we are annoyed, let them move and say that they did not find a suitable house.

The key is how to go through the legal process, and we don't understand it.

The key is how to go through the legal process, and we don't understand it.

So you give them a deadline, and if they don't move, both parties will have to go through the legal process.

You can consult a lawyer.

The water, electricity and gas were transferred, and the water was not transferred, and we paid the electricity and gas bills twice.

The water, electricity and gas were transferred, and the water was not transferred, and we paid the electricity and gas bills twice.

Then turn off the electricity and water.

You can consult with a lawyer.

Okay, thanks, you guys have worked hard [agree].

Okay, thanks, you guys have worked hard [agree].

Yes, please give a thumbs up.

Summary. Hello, if the house has been transferred and the landlord is not willing to move out, this situation will involve a dispute over your purchase of the house.

The house has been closed and the original landlord does not move out, what should I do?

Hello, if the house has been transferred and the landlord is not willing to move out, this situation will involve a dispute over your purchase of the house.

It is advisable to go to court and file a lawsuit.

Or directly take the police to sue the other party for illegal encroachment.

I hope mine was helpful to you and I hope you can give it a thumbs up. You can click on it, and you can ask me directly if you have any questions in the future. Thank you and have a great day and goodbye

After the payment of the second-hand house, the homeowner does not move out, and can sue the original homeowner.

According to the provisions of the Property Law:

The State protects citizens' private property from infringement, and immovable property and housing are subject to registration, and movable property is subject to possession. If Party B fails to complete the transfer procedures, the property will remain with Party B.

The landlord can be required to continue to perform the contractual obligations through litigation, and to compensate for the economic losses caused by the contract, and to require the other party to bear the liability for breach of contract.

According to the Property Law of the People's Republic of China:

Article 32: Where real rights are infringed, the rights holder may resolve the matter through conciliation, mediation, arbitration, litigation, or other means.

Article 33 Where a dispute arises over the ownership or content of a real right, the interested party may ask for confirmation of the right.

Article 34 Where a person has no right to occupy immovable or movable property, the right holder may request the return of the original property.

Article 35 Where a real right is obstructed or may be obstructed, the right holder may request that the obstruction be removed or the danger eliminated.

Article 36 Where damage is caused to immovable or movable property, the right holder may request repair, rework, replacement or restoration to its original state.

Article 37: Where property rights are infringed upon, causing damage to the right holder, the right holder may request compensation for damages, and may also request to bear other civil liabilities.

Article 38: The methods of protection of property rights provided for in this chapter may be applied separately or in combination according to the circumstances of the infringement of rights.

In addition to civil liability, in addition to civil liability, those who violate administrative regulations shall bear administrative liability in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

If the owner of the house does not move out, he can sue in accordance with the law and be held liable for breach of contract. If the property rights have been transferred, the property rights of the house have been transferred, and the current owner of the house can request the landlord to move out in a timely manner according to the provisions of the sales contract, and may sue in accordance with the law if the time limit is overdue, and those who refuse to move out after a judgment may apply to the court for compulsory enforcement.

Article 577 of the Civil Code.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 598.

The seller shall perform the obligation to deliver the closed subject matter or the delivery of the documents for the extraction of the subject matter to the buyer and to transfer the ownership of the subject matter.

Article 599.

The seller shall, in accordance with the agreement or trade customs, deliver to the buyer the relevant documents and materials other than the documents for the extraction of the subject matter.

1. What should I do if the original owner of the house has been transferred?

The original owner of the second-hand house does not move the household registrationRegarding the issue of the household registration in the transaction house, the court does not accept the case of requesting the relocation of the household registration, and the buyer has no other means to forcibly move out of the household registration in the house. Therefore, it often happens that the buyer has completed the transfer and has moved in for many years, and the original owner of the house has not moved out, and the buyer has nowhere to complain. In order to avoid the above situation, it is recommended to entrust the intermediary Changru type or lawyer to investigate the household registration situation in the property before signing the sales contract, if there is a household registration that needs to move out, it is necessary to clarify the time of moving out, and agree on a clear liability for overdue breach of contract, which can refer to the liability for breach of contract for late delivery, and stipulate that if the buyer does not move out after a certain period of time, the buyer can terminate the contract and require the buyer to pay liquidated damages.

Of course, sometimes it is also a good way to withhold a part of the balance payment and pay it after the account moves out.

Second, second-hand housing transaction property rights inquiry.

Step 1: Ask the seller to provide legal documents, including title certificates, identity documents, qualification certificates, and other documents. Title certificates refer to "house ownership certificates" and "land use right certificates".

Identity documents refer to ID cards, work permits, and household registration books. Qualification certificate refers to the subject qualification of both parties to the transaction. For example:

Commercial housing ** to check the ** party housing development and operation qualification certificate ** person to check whether the power of attorney is valid to jointly share the house **, need to provide the certificate of consent of other co-owners and so on. Other documents refer to: renting out the property, checking the tenant's agreement to waive the right of first refusal or proving the winning property, checking the winning notice and corresponding certificates, etc.

Who is the owner of the house, and if it is a joint property, attention should be paid to the proportion of property rights and the form of ownership of each co-owner2The file number, i.e. the document number of the transaction, can be used to obtain a copy of the document from the relevant party if the enquire wishes to obtain the whole document3The date of registration is Guess, which is the date of the transaction4

Transaction**, i.e. the transaction price of the transaction, enquirers should note that if the transaction price is indicated as "partial transaction price", it means that the transaction price not only includes the house, but also includes other real estate products5Other content, such as house floor plans, etc. Step 3:

Check the house for debt burdens. The title record only registers the authenticity of the homeowner's ownership and the fact of the original transaction. As for the debts and liabilities incurred in the course of the operation of the house, the relevant proof must be checked.

This includes: mortgage contracts, leases, etc., as well as a detailed understanding of the loan amount and repayment amount, interest and rent amounts, so as to have a deeper understanding of the property. In addition, buyers need to know the following:

Whether there is a mortgage on the house purchased, whether the house has been seized by the court, etc.

Legal analysis: In this case, as a buyer, the reputation can be met through legal procedures to meet the transfer requirements, it is recommended that the buyer actively protect his rights when the landlord does not cooperate with the transfer, and at the same time can also claim the liability for breach of contract from the landlord who does not cooperate with the transfer.

Legal basis: Interim Regulations on the Registration of Immovable Property》 Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time;

2) Inheritance or acceptance of bequests to acquire immovable property rights;

3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or decisions of the people's courts, including the validity of rents;

4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

6) Applying for correction of registration or objection to registration;

7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.