How to sue tenants for rent arrears

Tenants who default on rent can be prosecuted by the following steps:

1. Send dunning notice: After the tenant owes the rent, the landlord can first make dunning by phone, SMS, email, etc., and ask the tenant to pay the arrears as soon as possible. In the process of dunning, the tenant can be asked to provide evidence to prove the reason why he can't pay the rent, so as to carry out subsequent treatment;

2. Send a lawyer's letter: If the dunning notice is invalid, the landlord can send an ultimatum to the tenant through a lawyer's letter, asking the tenant to pay off the arrears within a certain period of time, otherwise he will take legal measures to investigate his legal responsibility;

3. Submit an application for prosecution: If the tenant still fails to pay the arrears within the ultimatum period, the landlord can submit an application for prosecution to the court, asking the court to order the tenant to pay the arrears and demand payment of overdue interest and liquidated damages;

4. Appearing in court: If the court accepts the application for prosecution, the tenant will receive a court summons to appear in court at a specified time. During the trial, the landlord needs to provide evidence such as rental contract and payment record to prove that the tenant does have arrears;

5. Execution of judgment: If the court judges the tenant to pay the arrears and requires the tenant to pay within a certain period of time. If the tenant still fails to pay, the landlord can apply to the court for enforcement, requesting the court to seal up and freeze the tenant's property until the arrears are paid off.

The materials to be prepared for the tenant to sue for rent arrears include the following:

1. lease contract: the lease contract is a document reached by both parties through consultation, which needs to include the lease time, rent, deposit and liquidated damages. In the process of prosecution, it is necessary to provide the original or photocopy of the rental contract to prove that the lessee has arrears;

2. Payment record: the landlord needs to provide evidence of the tenant's arrears, including the record of the tenant's unpaid rent, deposit and other expenses to prove the tenant's arrears;

3. Dunning record: If the landlord has made a dunning by phone, SMS or email after the tenant owes money, he needs to provide dunning records to prove that he has taken necessary measures;

4. Original or photocopy of the lawyer's letter: If the landlord has issued an ultimatum to the tenant through the lawyer's letter, it is necessary to provide the original or photocopy of the lawyer's letter to prove that the warning has been issued to the tenant;

5. Other evidence: the landlord can provide other evidence according to the actual situation, such as the tenant's damage to the house, arrears of water and electricity fees, etc. , which proves that the lessee has breached the contract.

To sum up, you must collect sufficient evidence before prosecution to ensure that your rights and interests are effectively safeguarded. At the same time, in the process of prosecution, you need to abide by legal procedures to ensure that your actions are legal and compliant.

Legal basis:

Article 577 of the Civil Code of People's Republic of China (PRC)

If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.

Article 580

If one party fails to perform non-monetary debts or the performance of non-monetary debts does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

(a) It is legally or practically impossible to perform;

(2) The subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high;

(3) The creditor fails to request performance within a reasonable time limit.

In case of one of the exceptional circumstances specified in the preceding paragraph, the purpose of the contract cannot be achieved, the people's court or arbitration institution may, at the request of the parties, terminate the rights and obligations of the contract, but it does not affect the liability for breach of contract.