What if the tenant can't contact, doesn't pay the rent and doesn't move out?

If the rent is overdue for more than six months, the contract can be terminated and a lawsuit can be brought to the local court.

According to China's People's Republic of China (PRC) Labor Contract Law:

Article 227 Where the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require 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.

Extended data:

Related cases:

20161kloc-0/2. Mr. Liu rented Room 4-20 1 No.5 Qingnian West Road in the urban area to Ms. Zhu. After the lease expires, Ms. Zhu has been reluctant to vacate the house. Since August, Ms. Zhu refused to answer Mr. Liu's phone calls, but in desperation, Mr. Liu turned to the media for help.

After the reporter's coordination, Ms. Zhu promised to move and pay the rent as soon as possible, but nearly 1 month has passed and Ms. Zhu has not moved. The reporter interviewed professional lawyers and asked experts for advice.

The tenant did not vacate the house when it expired.

Mr. Liu introduced that Ms. Zhu has been renting a house for more than five years. The lease expires in June this year, and the monthly rent is in 200 yuan. "Ms. Zhu's son used to study in Nanyuan Primary School. She started renting my house in the second half of grade one. By June of this year, her child was in junior high school in a middle school in the south of the city, and she would not renew her rent. "

Mr. Liu said that Ms. Zhu bought a school district house in a certain district in the south of the city and renovated it at the end of last year.

Mr. Liu said that Ms. Zhu's family moved into a new house at the end of last year. After graduating from primary school, children don't live in rented houses at all. Mr. Liu urged Ms. Zhu to move several times, but Ms. Zhu only promised verbally, but never put it into action. Ms. Zhu still owes nearly nine months' rent since the beginning of this year. Mr. Liu said, "When I contacted her in August, I found that she refused to answer the phone."

The tenants stood me up many times.

According to the contact information provided by Mr. Liu, the reporter contacted Ms. Zhu around 9: 00 pm on September 1 1. Ms. Zhu said that she changed her new mobile phone number and gave the old one to her son. "When children go to school or attend cram school during the day, the mobile phone will always be muted or turned off, and it will be used normally when they go home at night."

Ms. Zhu said that the weather was too hot some time ago and her husband was on a business trip. She has to take care of the children, so she is really busy. "We installed air conditioning in the rented room. When moving, it involves the problem of moving plane. I can't take care of it alone. " Ms. Zhu said that she would definitely settle the rent when she moved, and promised to "move in these days".

After 10 days, Mr. Liu said that Ms. Zhu had not moved out. A week before the National Day holiday, the reporter dialed Ms. Zhu's mobile phone. On the phone, she promised to move in a few days and asked the reporter to contact Mr. Liu to get ready.

Yesterday morning, Mr Liu said that Ms Zhu stood me up again. Subsequently, the reporter rushed to Mr. Liu's rental house. Mr. Liu looked at the items left by Ms. Zhu through the window and said helplessly: "The other party has breached the contract, and I can take back the house, but if I deal with the items left by Ms. Zhu in the room without authorization, it will be troublesome for the other party to ask for it."

The reporter consulted lawyer Wang Fengyang of Jiangsu Zherui Law Firm for this purpose. He said that if the rent has been in arrears for six months, he can bring a lawsuit to the court where the house is located in accordance with relevant laws and regulations, requiring the lessee to forcibly vacate and bear liquidated damages to compensate for the actual losses.

Take Mr. Liu's family as an example. If the tenant does not move out at this time, which infringes on the landlord's rights, the landlord can ask the tenant to move out within a time limit, or he can sue the court to ask him to move out. If the lessee still refuses to vacate after the judgment takes effect, he may apply to the court for compulsory execution.

Lawyer Wang said that according to Mr. Liu's situation, you can ask the unlocking company to open the door and invite the staff of the neighborhood Committee or the police station to be present to clean up the tenant's property under their witness.

In this process, Mr. Liu needs to write a certificate, which can list the tenant's belongings in detail, and finally ask the witness to sign the certificate. If the cleaned tenant's belongings are returned together with the certificate when the tenant comes back, this can avoid disputes.

Baidu Encyclopedia-People's Republic of China (PRC) Contract Law

China Jiangsu Net-Tenants don't pay rent and don't check out Lawyer: The landlord can take back the house.