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1. First of all, you have to make sure that the tenant has indeed run away, it may just be that you can't contact it temporarily, try to contact it a few more times to avoid unnecessary misunderstandings;
2. If it has been determined that the tenant has indeed run away, check whether the water, electricity, gas, etc. of the house are in arrears, and whether the equipment in the house is damaged;
3. If there is arrears such as water and electricity, or the equipment in the house is damaged, record the evidence and contact the renter for compensation;
4. If the renter cannot be contacted, you can call the police and ask the police to assist in dealing with it;
5. If there is a lot of damage to the house, and the tenant refuses to compensate, keep the evidence and file a lawsuit;
6. If the house is not damaged, and there is no owe water and electricity and other expenses, and the tenant runs away, there is no need to hold on, after all, there is no substantial damage;
7. In addition, when renting out the house, be sure to keep the tenant's valid documents, and agree on all things in advance to avoid unnecessary disputes.
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If the lessee fails to perform its contractual obligations as stipulated in the contract, the lessor can contact the lessee according to the information left by the lessee in the lease contract, so that it can perform its contractual obligations and pay the corresponding arrears, and if the lessee refuses to perform, the lessor may file a lawsuit with the people's court. After the expiration of the lease contract, both the lessor and the lessee shall hand over the leased premises in accordance with the provisions of the lease contract. However, in real life, many times there will be a phenomenon that after the expiration of the lease, the lessee will neither notify the lessor to accept the house, nor inform the lessor, and leave with his own belongings, for the occurrence of such situations, there are two main reasons, one is that the lessee thinks that the contract expires, the lease relationship between the two parties will be automatically terminated, and it is okay to move out directly.
The other is that the tenant itself has certain problems, such as damaging the items of the leased house, defaulting on the water and electricity bills of the leased house, etc. What should the lessor do when it encounters such a phenomenon?
First of all, you should check whether the items in the rental house are damaged, and whether the water and electricity bills of the house have been settled.
Secondly, it will be processed according to the inspection situation.
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If the tenant runs away, he can call the police to deal with it, because there will be monitoring and identity registration when opening a hotel or hotel, and the party can be found to the unit, or the neighborhood committee, or the family, and urge the tenant to fulfill the unpaid rent.
If it is not paid within one month, it can also be sued in court.
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If you are renting a house and the tenant runs away, there is generally no way. I can only admit bad luck.
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In this case, you should call the police, if your tenant owes you a lot of money, you can call the police, let the police find the other party, because there is a lot of information, ID number and so on.
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If the lease contract has not expired and the tenant does not pay the rent after running away, the lessor can terminate the contract, and if the tenant damages the house and causes losses, the lessor may sue the lessee in court.
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Prosecution is the only way, and if you don't, there's no way.
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1. What should I do if the tenant runs away at the end of the lease period?
1. According to the provisions of the Contract Law, if the lessee runs away at the expiration of the lease term, the lessee may terminate the lease contract.
2. If, after the expiration of the lease contract, the lessee fails to use the house as agreed during the lease period, resulting in damage to the house, the lessor may require the lessee to bear the responsibility for maintenance.
3. If the tenant runs away after the expiration of the lease, but there is damage to the leased house, the lessor may not return the deposit paid when renting the house.
4. Upon the expiration of the lease period of the Contract Law of the People's Republic of China, the lessee shall return the leased property. The returned leased property shall conform to the state after use in accordance with the agreement or the nature of the leased item.
2. Liability for breach of contract in housing lease.
1. Breach of contract of housing lease contract will generally require the breaching party to bear the liability for breach of contract according to the actual situation of the breach, if the lessee destroys the house, the lessor can require the lessee to take remedial measures to repair the house or compensate for losses; If the lessee wants to break the contract, the lessor may request the deduction of the deposit or the lessee to pay liquidated damages.
2. What to do about breach of contractChina's Contract Law stipulates five types of liability for breach of contract:
1) Continued performance, also known as compulsory performance;
b) take remedial measures;
3) compensation for losses;
4) Deposit liability;
5) Liability for liquidated damages, also known as fines for breach of contract.
3. How to sublease the house lease to a third party.
1. According to Article 224 of the Contract Law, the lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid, and if the third party causes losses to the leased property, the lessee shall compensate for the losses.
2. First of all, if allowed, we should first negotiate with the landlord about the sublease, and the house can be legally subleased to a third party under the premise of the landlord's consent. When the landlord is unaware of the fact of the sublet, or the landlord knows that the property is being subleased, but does not object to it within six months for his own reasons, then the tenant's sublease becomes a legal sublease.
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Legal analysis: Of course, it is a lawsuit, in the case of the tenant escapes, there is no possibility of mediation, because mediation is only possible under the premise of the unanimous consent of both parties, so litigation is the only way, and it is possible to recover the arrears of rent and utility bills after filing a lawsuit with the court. First of all, disputes over housing lease contracts should be under the jurisdiction of the court where the defendant is domiciled or where the contract is performed, and the location of the house is generally determined to be the place of performance of the contract, and the landlord can choose to sue in a court that is more convenient for him.
Legal basis: Article 590 of the Civil Code of the People's Republic of China If one of the parties is unable to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the impact of force majeure, except as otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be notified in a timely manner to mitigate the losses that may be caused to the other party, and proof shall be provided within a reasonable period of time.
If force majeure occurs after the party delays performance, it shall not be exempted from liability for breach of contract.
Article 593:Where one of the parties breaches the contract due to reasons attributable to a third party, it shall bear the liability for breach of contract to the other party in accordance with law. Disputes between one of the parties and a third party shall be handled in accordance with the provisions of law or in accordance with the agreement.
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If the tenant defaults on the utility bill, the creditor can file a civil lawsuit with the court with evidence such as ID card, complaint and copy, rental contract, utility bill, etc. If the conditions for filing a lawsuit are met, the court will file the case within seven days and notify the parties; Where the requirements for initiating a lawsuit are not met, a written ruling is to be made within 7 days and is not to be accepted. The court shall send a copy of the complaint to the defendant within five days from the date on which the case is filed, and the defendant shall file a reply within 15 days from the date of receipt.
Cases heard by the court: if the ordinary procedures are applied, the trial will be concluded within six months; If the summary procedure is applied, the trial will be completed within three months. If the court announces the verdict in court, it will send the verdict within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced.
If the other party still fails to pay the utility bills after the judgment takes effect, it may apply for compulsory enforcement within two years from the date of the judgment taking effect.
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Legal analysis]: The contract can be terminated and the police will be called. If the tenant runs away in arrears, the landlord can terminate the contract directly.
According to the relevant laws of the state, the tenant shall pay a certain amount of rent to the landlord in accordance with the provisions of the contract. If the tenant fails to pay the rent without justifiable reasons or delays in paying the rent, the landlord may require the tenant to pay the rent within a certain period of time. If you still don't pay, then the landlord can terminate the contract and report to the police.
Legal basisArticle 722 of the Civil Code of the People's Republic of China If the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.
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Hello, as long as you sign a rental contract with the tenant and file it in the public security system, if the tenant runs away in arrears of rent, you should immediately report to the police to solve it. If you do not file with the public security system and do not sign a rental contract, it is an illegal lease, and you can only solve the rent arrears by yourself. Hope mine is helpful to you.
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In the event of a breach of contract such as rent arrears by the tenant, the landlord may require the tenant to pay the rent and bear the liability for breach of contract in accordance with the agreement between the two parties in the lease contract. In specific operations, the landlord can first negotiate with the tenant to strive to properly resolve the dispute and avoid conflicts; If the two parties fail to reach an agreement, the landlord can also file a lawsuit with the court in accordance with the law, requiring the tenant to pay the rent and bear the liability for breach of contract. The Contract Law provides:
If the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require the lessee to deliver the rent within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract. The occurrence and development of real estate lease disputes are characterized by diversity and complexity, and some disputes are more difficult to deal with, so it is necessary to analyze the specific situation and treat the specific problems on a case-by-case basis, and it is necessary to adhere to the law and use effective methods such as administrative means and mediation methods to solve them.
Measures for the Administration of Urban Housing Leasing stipulates that: undertake.
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According to the contract signed by both parties and the actual performance, if the other party makes the contract unable to continue to perform or there is a breach of contract, it can sue to claim the termination of the contract, pay back rent and pay liquidated damages.
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Find his guarantor. Find out what contract you have signed. Find out his ID number, and if you owe too much, you can call the police.
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Generally speaking, the tenant can only consider the way of court litigation to solve the problem, and there is no other way to solve it.
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If the amount of rent owed is relatively large, sue the court, and if the amount is not large, forget it, and you can't afford to toss.
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In general, in this case, you may not be able to find it, and you need to call the police immediately and go through legal procedures.
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If necessary, you can sue in court.
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I think I'm unlucky, pay attention next time.
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Isn't there information about renting a house, the Internet is so developed, he can't escape! Well.
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Don't you have a deposit? You've taken his deposit, and that's about the same.
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The tenant owes the rent and runs away, and it is generally not of much use to report the case. Since rent arrears are civil disputes, it is best for the parties to resolve the dispute by negotiating with the other party, asking a third party to mediate, and filing a lawsuit with the people's court.
Legal basis
Article 721 of the Civil Code.
The lessee shall pay the rent according to the agreed period.
Article 722.
If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.
Article 120 of the Civil Procedure Law of the People's Republic of China.
A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.
Article 236.
The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, and the adjudicator may also transfer it to the executor for enforcement.
Article 244.
Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained.
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Legal analysis: arrears of rent are civil disputes and should be resolved by litigation in the people's courts in a timely manner. If the tenant fails to pay the rent within a reasonable period of time after the notice is issued, the landlord can file a lawsuit to pursue the tenant's liability for breach of contract and have the right to repossess the house according to the relevant provisions of the lease contract.
Legal basis: Civil Code of the People's Republic of China
Article 577:Where a party fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 721 The lessee shall pay the rent within the agreed period. Where there is no agreement on the time limit for the payment of rent or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the lease term is less than one year, it shall be paid at the expiration of the lease term; If the lease term is more than one year, it shall be paid at the expiration of each year, and if the remaining term is less than one year, it shall be paid at the expiration of the lease term.
Article 722 If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.
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