How to take over the house when the tenant refuses to vacate the house after the lease contract expires – The landlord is a natural person (individual)

Statement: This guide is only to inform all owners that when the lease contract expires and the tenant does not return your house, you have the right to take appropriate measures to take back your house! Solemn reminder: Be sure to exercise restraint during the house closing process, avoid any physical conflicts, and do not infringe on the legitimate rights of others in the name of house closing. We do not assume any responsibility for any personal injury or property damage that may occur to anyone during the process of closing a house in accordance with this guide.

The following is the text:

It is a very happy thing to rent out an extra house to earn income, but if you encounter an annoying tenant, don’t say no Take good care of your house and furniture. If you refuse to move out at the end of the period, it will be really annoying.

Recently, friends have gathered together to ask: What should I do if the tenant does not vacate the house when it expires, does not renew the lease, and does not pay the rent? I still can’t get my house back. This is really - -It's a small but extremely annoying thing.

As an owner, it is no problem to file a lawsuit in court to require the tenant to vacate and bear the rent and other losses during the period of occupying the house. However, there are judicial procedures. Once the procedure is completed, it may take half a year or one year. It’s over. If your house is in Beijing, Shanghai, Guangzhou, Shenzhen or any economically developed city, the judges are already very busy, and on a first-come, first-served basis, you probably won’t even think about resolving it in a day or two, or a month or two. question. When the execution judge finally helps you vacate the tenant, if the tenant really has no money, you won't have to worry about the loss of occupying the house for a while. If your tenant continues to live like this until the court enforces the law, you may suffer from depression.

Special attention, special attention, special attention:

1. If your tenant is old, weak, sick, disabled or pregnant, the lawyer advises you to file a lawsuit in court in case the house is vacated. Leave aside the personal injury, and it’s not just the loss of rent.

2. If your tenant is a gangster or looks like a gangster, your lawyer advises you to file a lawsuit with the court. Later, you will not be able to cure him, but he will cause you personal harm. That's even more worthless than a hundred or ten thousand.

3. If you have something to say, say it well and don’t argue. Don’t think that threats or coercion can solve the problem. Exactly not! Most of the time threats and coercion only make things worse. A lawyer once met a client who entrusted the house to an agency for rent. After the lease contract expired, the agency sent a dozen or twenty men in black to collect the house. Brother, you are an intermediary, not a black club, okay? The tenant was really unambiguous. The man happened to be out of town, and his wife was at home taking care of the child under one year old. Haha, this is really a hero among women. Are a dozen black men trying to scare me? Not only is there no chance, I will also make you unlucky! Alarm and video recording. The police are here. The video is here. Can you leave? The agent retreated and the tenants were unscathed, but the owner was in dire straits! Since then, the house has not been refunded and the rent has not been paid. Does your agency still have to compensate me for the loss of scaring my child? What? Let me move out, no! The owner is worried because everyone knows that you are threatening the agent with my house. This makes no sense! But the tenant doesn’t care! What do you think we should do? The intermediary is now polite and doesn't care. It's your house anyway and I'm not in a hurry. Therefore, it makes sense to treat people with courtesy first and then attack with force! Otherwise, you may have done something that was reasonable for you, but in the end it has become unreasonable for you. Thank you!

The prompt, the explanation, finally: the guide is here (hehehe, it’s actually very simple):

1. Expiration of the lease contract: This is very important. A. The contract has not expired. If the owner wants to take over the house, there must be a clear agreement; B. If there is no agreement, then let's talk about it. If it is agreed, you can talk about anything. If it is not negotiated, wait until it expires. C. If the lease contract stipulates: whether to renew the lease one month before the expiration of the lease? Then it is necessary to communicate with the tenant one month before the lease term expires as stipulated in the lease contract.

In short: perform according to the contract, if you don’t want to perform according to the contract, let’s talk about it, whatever is agreed upon is fine.

About the rental contract: At present, most people think that the contract is very simple, just use a template and download one online.

To this, the lawyer gave a simple reply: A template that is universally applicable is usually of little use when you encounter trouble. However, having a contract is better than having nothing at all!

2. Notice to move out and hand over the house: Notice is very important. Again, please be polite before fighting!

Content of A notification: Tell your tenant in writing: The rental contract has expired. Please pack up the tenant’s belongings and move out on time on the expiration date or within a few days after expiration, and make an agreement The house is handed over at a specific time, and the handover place is generally designated as the house. During the handover, the rent can be paid and the deposit returned. At the same time, miscellaneous expenses such as water, electricity, coal, television, telephone, property management, and Internet fees can be paid. The facilities in the house can be inspected and handed over. House keys.

B Notification method: Generally, all means need to be exhausted. The so-called exhaustion means: phone calls, text messages, WeChat, and emails. Don’t forget that there is another way: posting the notice directly on the door of the house, and then do it. Forgot to take a photo. By the way, it is best to have time, reference objects, reference people, etc. when taking commemorations.

3. Here comes the key point, if you refuse to move out:

This process is the most painful stage of house closing, but in life, if it is not painful, you will be embarrassed to say that you Live a life. Well, pain is pain, things still need to be done, and they must be done carefully:

A. On the agreed handover day, bring the real estate certificate (to prove that the house is yours), ID card (to prove that the house is yours) (the landlord is you), the rental contract (proof that the contract has expired), and if the tenant refuses to move out, call the police. Be sure to call the police. Tip: Show the real estate certificate, ID card, and rental contract to the police, and keep the originals.

B. After calling the police: If your house and the rental contract have indeed expired, the police will usually mediate and give the tenant a few days to move out, but don’t expect the police to help you invite the tenant. Going out is not within the scope of one's responsibilities.

C. After calling the police for the first time, the tenant still refuses to move out. Return to the second article of this guide and notify the owner again to move out. This time, the content to be notified is: on a certain day in a certain month of a certain year. The owner will come to take possession of the house. If you don't move out, the owner will seal your belongings and change the door locks. Likewise, every possible means must be used to inform the tenants that they cannot be contacted. The notice will be posted on the door and the tenants will be photographed.

D. After repeating A to C several times, on the appointed day, you can take the locksmith to change the locks and close the house.

4. Seal tenant’s belongings. If there are other people's belongings left in the house, regardless of their value, firstly, the items cannot be possessed privately, secondly, they cannot be disposed of at will, and thirdly, they must be sealed. When sealing, you should take good records, take photos and videotape the entire process: from the time the master unlocks the door to the time when the tenant's belongings are packed up and sealed, the entire process must be videotaped. If it is a mobile phone recording, save the video after recording and keep the original carrier.

Possible risks:

When you change the locks and close the house, because there will still be the tenant’s belongings in the house, the tenant may sue you in court for compensation. Changing the locks results in damage or loss of the tenant's belongings. It is important for the landlord to keep records, which is why video recording is required. Of course, any lawsuit requires evidence, and it is difficult to prove that the items exist or are lost or damaged here. But since the lawsuit has reached the court, please hire a professional lawyer to help you with the lawsuit. After all, there are specialties in the industry.

5. Inform the tenant to negotiate and resolve the remaining issues as soon as possible. This notification should include the following content: Inform the tenant that the house has been taken back and the tenant’s belongings have been sealed. The tenant is requested to come and pick up the tenant’s belongings as soon as possible and negotiate other matters. Overdue storage fees will be charged, etc.

6. Negotiate and completely resolve the incident. The house was taken back, the worries were gone, and a refreshing life began again.

The legal relationship involved in this article:

1. Lease legal relationship: When the lessor and the lessee sign a lease contract, the lease legal relationship is established. Based on the ownership of the house, the homeowner has the right to transfer the right to use the house to the lessee and collect rent accordingly; the lessee pays the rent and becomes the usufructuary of the house, and obtains the right to use the house during the lease period.

When the lease contract expires and the lessor and the lessee do not reach an agreement to renew the contract, due to the expiration of the contract, the legal relationship of the lease is extinguished, the tenant's usufruct rights are extinguished, and the landlord takes back the house based on the ownership of the house.

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