What should I do if a shop tenant fails to pay rent?

Legal Analysis: Situations in which shop tenants default on rent arrears:

The first scenario is how to recover the arrears and evict the tenants who are in arrears from the rental house. . Regardless of the amount, this situation can only be handled through oral litigation, which is a very simple judicial procedure. This situation does not require a summary trial. Through oral litigation, the landlord can terminate the contract and evict the tenant, and at the same time order the tenant to pay back the arrears of rent, gas bills, water bills, electricity bills, telephone bills and other expenses that must be borne. Through this method, the house can be repossessed relatively quickly. If the landlord really needs the house urgently, and if the tenant's arrears are not large, the landlord can immediately terminate the contract without waiting for the repayment of the arrears, and require the tenant to move out of the rented house immediately.

The second situation is that the landlord only requires the termination of the contract, but does not require the return of the arrears, and then evicts the tenant. This situation also only needs to be handled through oral proceedings.

The third situation is to recover rent arrears. For example, the tenant has been in arrears with rent for a long time and left without settling the account or notifying the landlord.

When the arrears amount does not exceed 2,000 yuan, the landlord can request repayment of the arrears and other related expenses, such as water, electricity, gas, etc., through oral litigation. This approach does not require a lawyer or a litigator.

If the amount in arrears exceeds 2,000 yuan, it needs to be handled through a summary trial. This case does not require a lawyer or litigator regardless of the amount, but court fees are required just like oral litigation. If the tenant still refuses to cooperate, he or she can directly apply for property freeze.

No matter which of the above situations, refusal to pay rent, refusal to leave, etc., it is recommended to first urge the tenant to pay the rent in writing, using a lawyer’s letter, indicating the time limit and clearly informing the tenant if he still needs to pay the rent. Failure to pay arrears will initiate legal proceedings.

Legal basis: "People's Republic of China and Civil Code"

Article 707 If the lease term is more than six months, it must be in writing. Article 707 If the parties fail to use a written form and are unable to confirm the lease period for more than six months, they shall use a written form. If the parties fail to adopt a written form and cannot determine the lease term, it will be deemed to be an indefinite lease. If the lease term is fixed, it will be regarded as an indefinite lease.

Article 710 If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased property, causing damage to the leased property, he shall not be liable for compensation.

Article 715 The lessee may, with the consent of the lessor, improve the leased property or add other properties. If the lessee improves or adds other things to the leased property without the lessor's consent, the lessor may request the lessee to restore it to its original condition or compensate for losses.