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It is really impossible to contact, the simpler way to deal with it is to meet the conditions of termination in the contract, you take back the house by yourself, pay attention to clean up the other party's belongings and keep the evidence temporarily, it is best to find a third party to witness it, and try to avoid possible risks.
The above analysis is for reference and needs accurate help, so it is recommended to bring materials to a lawyer for specific communication. After the consultation is completed, please end the consultation with the ** price.
On the right side, only in Beijing to call for consultation, there is an intention to entrust ** in the field can also be contacted, please explain the purpose after connecting.
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If the conditions for the termination of the contract are met, the lessor shall mail a notice of termination of the lease contract to the lessee, and the notice of termination of the contract shall specify the time limit for the tenant to vacate the house automatically, and if the time limit is exceeded, the lessor will forcibly take back the house. Secondly, if the lessee does not move out beyond the time limit, the lessor should be prepared as follows:
First, invite a notary public to the scene to notarize the entire process of cleaning up the house;
second, hire a lawyer as a witness, and carefully count the items left by the tenant on the spot, and record the whole process as evidence;
Thirdly, keep the items left by the lessee properly, and notify the lessee in writing of the location and list of the items retained.
Fourth, accompanied by the police or the personnel of the neighborhood committee or village committee, enter the rented house, record the indoor situation, and if the tenant's valuable items have not been removed, it is best to organize them into one place or one room and place them, and the rest of the house can continue to be rented to others.
The reason why the above-mentioned measures should be taken is that the lessor has the right to terminate the contract and take back the premises despite the tenant's arrears of rent, but the lessee still enjoys the ownership of its goods and property, and the lessor cannot arbitrarily infringe upon the ownership of the lessee's property on the grounds that the lessee owes rent, so as to avoid unnecessary legal disputes.
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Legal analysis: The property management and the police must first be notified to the scene before opening the tenant's door and counting the items in the room. The best thing to do for the renter at the moment is:
If the negotiation fails, a lawsuit may be filed with the court and an application for property preservation may be made at the same time. When the tenant occupies and uses the house, the most basic obligation is to pay the rent according to the contract. At the same time, this is also a manifestation of the lessor's ability to obtain income through leasing and exercise the right to income.
If the lessee fails to pay within the time limit, the lessor may terminate the contract. The lessee must pay the rent on time, and if it defaults, it shall pay liquidated damages. If the rent arrears have accumulated for more than 6 months, the lessor has the right to terminate the contract and take back the house, and the lessee shall compensate for the losses caused thereby.
Legal basis: Civil Code of the People's Republic of China
Article 719 If the lessee is in arrears of rent, the sub-lessee may pay the rent and liquidated damages on behalf of the lessee, except where the sublease contract is not legally binding on the lessor. The rent and liquidated damages paid by the sub-lessee on behalf of the sub-lessee can be offset against the rent that the sub-lessee should pay to the lessee; If the amount of rent payable is exceeded, it may be recovered from the lessee.
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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Legal Analysis: First of all, it should be handled in accordance with the lease contract signed between you. Whether the tenant's failure to pay rent constitutes a breach of contract as agreed in the contract, whether the landlord can terminate the contract on this basis, and how to return the house and settle the relevant expenses after the contract is terminated.
Second, if there is no written contract between you or the contract does not stipulate the aforementioned issues, the landlord can rely on the lien. That is, open the door lock in the presence of a third person, place the tenant's belongings in one place or move out of the house and store them. Wait for the tenant to return the items after settling the relevant fees.
According to the new provisions, if the tenant of a residential building has not paid the rent for three months, and the tenant has not paid it within 15 days after being urged by the lessor, the lessor may terminate the lease contract, and if the tenant of your house is in arrears of rent for three months, you must fulfill the obligation to remind the tenant and terminate the lease contract after the tenant has not paid for 15 days. With regard to the loss, if the lease contract is terminated due to the tenant's breach of contract, the lessor may require the lessee to compensate for the loss of rent during the idle period of the leased premises, but the maximum shall not exceed six months.
Legal basis: Article 577 of the Civil Code of the People's Republic of China: 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.
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Legal analysis: If the tenant cannot be contacted when the rent is due, the contract is generally deemed to be terminated. The lease contract will be automatically terminated after the expiration of the lease, and if the lessee chooses to renew the lease, the lease renewal contract needs to be signed.
If the tenant cannot be contacted when the rent expires, it will be deemed that the tenant has no intention of renewing the lease, and the contract will be automatically terminated when it expires.
Legal basis: The Civil Code of the People's Republic of China
Article 705: The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid. Upon the expiration of the lease term, the parties may renew the lease contract; However, in the case of a lease encounter, the agreed lease term shall not exceed 20 years from the date of renewal.
Article 734 If the lessee continues to use the leased property upon the expiration of the lease term 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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If the rent is in arrears for more than 30 days, Party A has the right to repossess the house and pursue Party B's liability for breach of contract. Therefore, the house can be recovered, and the things left behind by the tour can be sealed, but there must be a third party to witness and leave evidence, and the detailed process can be consulted with a local lawyer or directly to the police station to seek support. In addition, try to contact their family through their identity letter to negotiate and deal with it.
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Renting a house is not a one-day solution, and many people rent a suitable house after many times of looking for a house. Therefore, you must prepare in advance to leave yourself plenty of time to find a house. If you don't prepare, you will not be able to rent a house in a hurry.
If you really can't rent a house, you can solve it in the following two ways.
1. Appropriately reduce the requirements for renting: The vast majority of people can't rent a house because of the contradiction between their own rental requirements and the actual rental supply. But reality is reality, there are definitely few houses, and even if there are, they will be rented out quickly.
If you can't rent a house, you might as well lower your requirements appropriately, don't ask for too perfection, and start with it
Second, you will rent for a short period of time and change the rent in a timely manner: if you can't rent a suitable house, and you don't want to find a bad house to live in for a long time, then you can only rent for a short time. You can find some short-term rentals with poor conditions, and then slowly look for suitable long-term rentals, and once you have a suitable house, you can quit the short-term rentals and move to a new house.
Of course, this is a long-term and laborious process, and you need to pay attention to the rental information from time to time, so as not to miss the right **, and also face the trouble of moving. However, these are nothing compared to being able to live in a comfortable house, and it would be perfect if you found a good house to rent for a few years.
3. Casting a wide net through multiple channels: Many people usually only use one channel to find a house when renting a house, especially some people have a misunderstanding about the agent and don't want to find an agent, which wastes a lot of opportunities. In fact, most intermediaries are still very reliable, although intermediaries will charge intermediary service fees, but compared with the group not sleeping on the street, it is still much better.
Conclusion: Renting a house should go through a variety of channels, and don't be too demanding, and start decisively when you encounter a similar house, otherwise you will be rented by others if you hesitate a little.
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I can't find a rental near the rental house, you can rent a little farther away, it is best to have a subway entrance nearby, and the bus station is convenient for traveling.
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If you really can't find it, you can use your mobile phone to locate it in advance at the location where you rented it, so that you can find it easily.
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