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In a situation where a tenant does not move out, you can take the following steps:
1.Inform the tenant to move out and pay the price within a reasonable period of time (e.g. 3 days) or face a lawsuit in court.
2.If the tenant does not move out within the notice period, you can file a lawsuit with the court and request pre-litigation property preservation, and the court will seize the goods stored in the house.
3.In the case of a lawsuit, the tenant may be required to pay the bank interest for the same period of delay in payment, the rent for the overdue lease, and the tenant may be required to vacate the rented property.
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In the event that the tenant refuses to move out when the rent is due, the landlord should do the following: 1. Inform the tenant to move out and pay the house payment within a reasonable period of time (such as within 3 days), otherwise he will sue the court. 2. If you do not move out within the notification period, you can go to the court to file a case and file a lawsuit to vacate the house.
Legal basis: Article 733 of the Civil Code of the People's Republic of China 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.
Article 734 of the Civil Code of the People's Republic of China Upon the expiration of the lease term, if the lessee continues to use the leased property, 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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First of all, inform the tenant to move out of the house within a reasonable period of time, and if he does not move, he can file a lawsuit with the people's court based on the lease contract. If the lawsuit is successful, the tenant can apply for enforcement of the judgment to move out.
Legal basis: Article 119 of the Civil Procedure Law The following conditions must be met for a prosecution:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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.
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Legal analysis: how to force the tenant not to move out, 1. The landlord sues the tenant to move out within a reasonable period of time and pay the house payment, otherwise he will sue the court. 2. If you do not move out within the notification period, you should file a lawsuit in the case filing division of the stool and cover court, and request pre-litigation property preservation, and the court will seal the goods stored in the house.
3. The tenant shall bear the liability for breach of contract if he does not move out. The lawsuit demanded that he pay the bank interest for the same period of the delayed payment, pay the rent for the overdue rent, and move out of the rented house. The expiration of the lease term of the house, so long indicates that the lease contract is about to be terminated, and the lease term expires, and the tenant should move out of the rented house according to the contract date.
If the tenant needs to continue to use the premises, he or she shall submit a request to the landlord 3 months before the lease term stated in the contract, and with the consent of the lessor, sign a new lease contract for renewal.
Legal basis: Civil Code of the People's Republic of China
Article 509:The parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.
Article 577:Where one of the parties fails to perform its contractual obligations or its performance 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.
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If the tenant does not move out, the landlord can file a lawsuit with the court to request the tenant to handle it, and if necessary, he can apply to the court for property preservation and seal the property in the house; After the court makes a judgment, the tenant can be required to move out in accordance with the court judgment, and if the tenant still refuses to handle it, the landlord can apply to the court for enforcement.
1. How to deal with the expiration of the tenant's contract.
If the tenant does not leave after the expiration of the contract, the landlord can first negotiate with the tenant to require him to move out within a certain period of time;
If the landlord still refuses to move out, the landlord can file a lawsuit with the court to require him to vacate as soon as possible and pay the occupancy fee for the overdue vacancy, and if he does not move out after the court ruling, the landlord can apply for enforcement.
2. How can I make private loans not repaid?
For those who do not repay the private loan, the creditor can send a letter to the debtor's lawyer, and most of them will repay the loan after receiving the lawyer's letter for fear of lawsuits; If the other party fails to repay the loan after sending a lawyer's letter, the creditor can file a lawsuit with the court to require it to repay the loan, and any other party can be required to perform the content of the judgment after the court judgment, and if the other party does not repay the loan, it can apply to the court for enforcement. Or if you don't want to go to court, the creditor can apply to the court for a payment order.
Article 236 of the Civil Procedure Law provides that the parties must perform on legally effective civil judgments and rulings. If one party refuses to perform for delay, the other party may apply to the people's court for enforcement, and the remaining base may also be transferred by the adjudicator to the executor for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.
If one party refuses to perform, the other party may apply to the people's court for enforcement.
3. What should I do if I sign a rental contract and don't want to rent?
If there is no agreement in the contract, we can negotiate with the landlord to resolve the issue of refunding the remaining rent after moving out. If the two parties reach an agreement, the agreement shall be followed. If the landlord does not insist on not returning the remaining rent, you can tell the landlord some of your own situation, let the landlord understand the reason for leaving early, and maybe get a little refund.
If the rent has already been paid, the landlord has been delaying the delivery. This is usually due to the last tenant having something in their house, or some other reason. Generally, after more than a week, if the landlord does not vacate the property, the tenant can ask the landlord to move out and ask for a double deposit or rent.
Article 236 of the Civil Procedure Law provides that 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, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.
If one party refuses to perform, the other party may apply to the people's court for enforcement.
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