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I've been a real estate agent for two years, and the reason for this is that you signed the contract without asking the landlord for advice, but signing the contract directly with the second landlord. But now that things have happened, you have two ways to fix it. One.
With your receipt, you have the right to use the room for two months, she does not have the right to rent it again, you can file a complaint with the local residents' committee or ask the residents' committee to complain to your landlord**. If the situation escalates, you can directly seek help from the local police station. Two.
Negotiate with two second-hand landlords to rent out the other property, and divide the rental rent between the two parties, and give them liquidated damages for you to move out early during the contract period. The first is stronger, and the second is negotiation, you can choose according to your situation!
Don't forget to give extra points!
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Do you have a written contract?
If not, in this case, if you don't want to live, you can only negotiate with the second landlord and discuss.
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You have formed a housing lease relationship, and the absence of a written contract does not affect the determination of the contractual relationship.
You are still on the lease and you still have the right to use the property. According to the contract law, the landlord does not have the right to rent out the property. If the other party rents it out, it is a breach of contract, and you can ask the other party to pay liquidated damages.
If the negotiation fails, you can sue and the receipt can be used as important evidence.
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If there is a problem in the second landlord's house in the process of subletting, the two parties may first negotiate privately to resolve it, and if the negotiation fails, they shall file a civil lawsuit or apply for arbitration in accordance with the provisions of the housing lease contract, and once the judgment takes effect, the parties shall not file a lawsuit with the people's court for the same dispute.
Legal basisArticle 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 578.
If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.
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Legal Analysis: Rental agent disputes can be resolved in the following ways:
1. Negotiate and settle. If a dispute arises between the parties to a housing lease due to the rental of the house, it shall be resolved through negotiation.
2. If the negotiation fails, it shall be resolved in accordance with the civil lawsuit or arbitration application agreed in the housing lease contract.
1) Apply for arbitration to resolve the issue. Arbitration is a statutory way for citizens, legal persons or other organizations to apply to the arbitration commission to resolve disputes in the event of contract disputes or other disputes over property rights and interests, and 2) civil litigation to resolve disputes. If the parties agree on litigation settlement in the housing lease contract or fail to reach an arbitration agreement after the dispute arises, they may directly file a civil lawsuit with the people's court.
Legal basis: Article 565 of the Civil Code of the People's Republic of China One of the parties directly claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party; If the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.
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What to do if you meet a second landlord.
The law clearly states that it is not possible to sublet without the permission of the landlord, but the situation in life is that many people rent a house and rent out a single room in it, which is called a shared house. And the person who rents the house is the second landlord.
In fact, "second landlord" rental housing has become an open secret in the rental market, so renters can directly ask whether they are "second landlords" when looking at the property, and if they are sure"Second-hand landlords"It is best to understand the other party's hobbies, occupation and work and rest time, etc., to see if it is similar to your own situation and whether people are very easy to get along with, so as to avoid some troubles and conflicts that may exist in life in the future.
Also, renters would do well to ask for a viewing"Second-hand landlords"with"Original homeowner"The signed lease contract is to see"Second-hand landlords"Whether there is the right to sublet out part of the house, if the "second landlord" has not gone through"Original homeowner"of consent or promise, then the contract is null and void. It is important to note that if subletting is possible, the termination date of the sublease contract should not exceed the termination date specified in the original lease contract at the time of signing the contract, otherwise it may pose a risk to the renter.
When signing a contract, it is also important to note that the details of the terms of the contract must be clearly written. For example: the term of the lease of the house, the payment method, etc.
How to share the cost of water, electricity, gas, cable TV, Internet access, etc. during the lease period should also be agreed in advance and added to the contract terms. In this way, disputes can be avoided in the future. It should be noted that in the process of renting a house, you must pay attention to keeping the receipt voucher, payment voucher and other relevant evidence, and remember not to be careless.
After all, in the context of increasingly expensive rents, shared housing is undoubtedly the most effective way to solve high rental rents, so you should look at it correctly when renting, as long as you do the above points, you can keep the trouble out.
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Let you see what your own situation is? In other words, the follow-up situation can be adjusted as a whole, and the follow-up situation can still be carried out by specific analysis of specific problems.
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Legal analysis: The legal knowledge that tenants should pay attention to when renting the house of the second landlord: 1. The sublease should be recognized or agreed by the landlord, otherwise the sublease will be invalid; 2. The term of the sublease shall not exceed 20 years, and the income obtained from the sublease shall belong to the lessor; 3. Other legal knowledge that tenants should pay attention to when renting the house of the second landlord. >>>More
Whether there are multiple sets**.
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I don't care about your high score, so be polite to her, tell her that you're borrowing a house out now, and then drag it out for two months. With such unreasonable people, you can only deal with them in a scoundrel way. I don't believe she'll not charge you rent on April 10th. >>>More
It depends on your situation, 6 years of maintenance, you don't have to care, but the relative income is less, generally long-term, if the other party is stable, it will continue, it is recommended that if you don't know each other, 1-3 years first, the rent must be paid off.