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If the landlord does not do what you require, you can directly report the problem to the safety supervision bureau, saying that there is a safety problem in the house, and once the safety supervision bureau intervenes, the landlord will not be able to eat and walk around.
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This can only be litigated and determined by the court.
Here are a few questions you need to understand.
First of all, the lease is generally delivered as is, and the tenant is obliged to conduct an on-site inspection to determine whether it meets its own requirements and conditions before renting, and clearly state it before or at the time of signing the contract.
If there was no objection at the time, but it was raised after the fact, it was necessary to examine whether it seriously affected the residential use, or whether the tenant wanted to regret it and find a reason.
Secondly, it is whether this so-called quality problem seriously affects the residential use, whether it cannot be repaired or the landlord refuses to repair it. This is also to be investigated.
Third, whether the contract specifically stipulates the quality requirements and conditions, as well as the allocation of maintenance obligations. If there is an agreement, it is generally necessary to follow the agreement.
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If it is indeed as you say, you can ask to check out.
If the landlord has prior knowledge of this, it should constitute fraud. If you don't know about it, and the landlord can't solve the problem, you can also terminate the contract, and if you can't negotiate, you can only sue.
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In this case, you must have signed a contract, just follow the contract, if you are looking for an intermediary, the intermediary should be to help negotiate if there is a problem, you must find a way to deal with it, or you don't pay rent to him.
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Since you are renting a house by yourself, you must have seen it and you are satisfied with it before you pay. If you don't see the house, you just pay the money. This will definitely cause you problems.
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If it is determined that there is a quality problem in the rented house and the landlord refuses to return the rent, you can report to the local housing authority.
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Legal analysis: There are two situations in which the landlord does not return the rent and deposit: 1. If the lease contract is signed, the content of the contract shall prevail.
2. If the contract is not signed or the contract is not specified, this situation shall generally be handled in accordance with the principle of market acquiescence. 1. If the tenant moves out early, the landlord has the right not to return the deposit and rent. In this case, the tenant can also negotiate with the landlord to deal with it, and the initiative is in the hands of the landlord.
2. If the landlord breaches the contract and takes back the house in advance, the landlord must return the rent and deposit, and under special circumstances, the tenant must also pay liquidated damages; If the landlord does not return, you can sue the landlord.
Legal basis: 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 according to the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.
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Legal analysis: The landlord can take the form of negotiation and litigation if the landlord does not return the deposit without reason, and the deposit is generally agreed in the contract, and the landlord's behavior is a breach of the contract and can be handled in accordance with the contract.
Legal basis: Article 157 of the Civil Code of the People's Republic of China: After a civil juristic act is invalid, revoked, or determined not to take effect, the property acquired by the actor as a result of the act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility.
Where the law provides otherwise, follow those provisions.
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Legal analysis: 1. The landlord must be informed in advance, and the lease period is generally notified 15 to 30 days in advance if the lease is not renewed. You can settle the property management fee, water and electricity.
2. If the lease period has not expired, if you sign a contract when renting a house and there is an agreement to check out early, you can follow the agreement process, which generally does not affect the landlord's rent collection, and you can only return the rent if you find a new tenant.
3. If the rent is not full after paying the rent in advance, discuss with the landlord to pay more rent and withhold the deposit. If you have a move-out agreement on the rental money, you can find the new tenant to return the deposit and the remaining rent.
Legal basis: Article 703 of the Civil Code of the People's Republic of China 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.
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Hello landlord does not check out the rent processing: 1. The landlord does not check out the rent, the tenant can ask the local neighborhood committee or police station for help in mediation and negotiation, and if the negotiation cannot reach an agreement, you can sue the court with evidence records such as the transfer flow when paying the rent, please bring the tomb to ask it to return. 2. Legal basis:
Article 394 of the Civil Code: Where the debtor or a third party does not transfer possession of the property and mortgages the property to the creditor in order to guarantee the performance of the debt, the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property. The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property. Article 578:Where one of the parties clearly states that it will not perform its contractual obligations or shows by its own conduct, the other party may request that it bear liability for breach of contract before the expiration of the performance period.
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Legal analysis: first negotiate with the landlord, if the two parties fail to negotiate, you can sue the court or arbitration institution. If the tenant moves out early, the landlord has the right not to return the deposit and rent; At this time, the tenant can negotiate with the landlord to deal with it, and the initiative is in the hands of the landlord.
If the landlord defaults and takes back the house in advance, the landlord must return the rent and deposit, and in special cases, the tenant must also pay liquidated damages; If the landlord does not return, you can sue the landlord.
Legal basis: Article 580 of the Civil Code of the People's Republic of China Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not comply with the agreement, the other party may request performance, except in any of the following circumstances: (1) it is legally or factually impossible to perform; (2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; (3) The creditor fails to request performance within a reasonable period of time.
Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.
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