How to legally deal with tenants who don't pay rent in the process of renting?

There are many things that lessors need to pay attention to when renting a house. If it is not handled properly, it may bring a lot of trouble. If people do not pay attention to some matters in the process of handling the contract, the house lease contract is likely to bring us a lot of trouble; So how to correctly write the house lease agreement in daily life to prevent tenants from not paying rent?

There are many things that lessors need to pay attention to when renting a house. If it is not handled properly, it may bring a lot of trouble. If people do not pay attention to some matters in the process of handling the contract, the house lease contract is likely to bring us a lot of trouble; So how to correctly write the house lease agreement in daily life to prevent tenants from not paying rent?

According to state regulations, if the accumulated rent arrears reach more than six months, the lessor may terminate the lease contract with the lessee. The lessor may bring a lawsuit to the court, demanding the termination of the contract and the payment of the rent owed by the lessee.

Tips:

How to better avoid disputes when renting a house?

1. When signing a contract, consider possible situations as much as possible, including the agreed way to handle the contract. For example, the dissolution condition of the lease contract is how many months or more in arrears, and the lessor has the right to unilaterally dissolve the lease contract. You can also negotiate. If you are in arrears with rent, you can collect it by cutting off water and electricity. It can also be agreed that if the lessor abandons the house, the lessor has the right to seal up and auction the items in the house, and so on. This will provide a basis for dealing with similar situations in the future. As long as these agreements do not violate national laws, they are valid and binding on both the lessor and the lessee.

2. The termination of the contract shall be conducted in accordance with legal procedures. According to Article 96 of the Contract Law, the notice of termination of the contract must be delivered to the other party with evidence. The contract is terminated only when the notice of termination is delivered to the other party.

In June 2008, Cui rented his villa in XX Community of Weifang High-tech Zone to Tong, and signed a house lease contract of 10. The contract stipulates that if there is a dispute over the lease, it will be under the jurisdiction of Shouguang People's Court where Tong's permanent residence is located. After Tong moved in, he changed the structure of the house without authorization when decorating the house and removed a load-bearing wall. Later Cui asked Zou to restore the house to its original state as soon as possible, but Zou refused for various reasons. As of February, 2065438+2005, Tong had defaulted on the rent of 80,000 yuan. How should Cui safeguard his rights and interests?

Q: How does Cui claim the right to rebuild the rented villa without authorization?

Answer: According to Article 2 19 of People's Republic of China (PRC) Contract Law and Article 7 of Understanding and Applicable Judicial Interpretation of Higher People's Court on Trial of Disputes over Urban Housing Lease Contracts, if the lessee arbitrarily changes or expands the main building and load-bearing structure of the house and fails to restore it to its original state within a reasonable period of time required by the lessor, thus causing losses to the leased property, the lessor may request to terminate the contract and demand compensation for the losses. In this case, Zou changed the structure of the house and dismantled the load-bearing wall without authorization. Cui has given him the necessary and reasonable recovery period, but Zou refused for various reasons, so Cui can cancel the house lease contract with him and ask him to compensate according to the actual loss.

Q: If you want to go to court, should it be under the jurisdiction of Shouguang People's Court or High-tech Zone People's Court?

Answer: In the Reply on How to Determine the Jurisdiction of House Lease Disputes, the Higher People's Court clearly stipulates: "All disputes such as house repair, lease and vacancy during the lease relationship are generally under the jurisdiction of the court where the house is located, and individual cases are under the jurisdiction of the court where the defendant is located, which is more in line with the principle of' two conveniences' and can also be under the jurisdiction of the court where the defendant resides or resides." This case involves a house lease contract dispute. Although it is related to real estate (villa), the legal relationship is based on the contract between the parties, and its nature still belongs to the category of contract disputes. According to Article 25 of China's Civil Procedure Law, the parties can choose the court jurisdiction of the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located. In this case, Cui and Tong have agreed in writing in the house lease contract that the court of the defendant's domicile should be under the jurisdiction, and the parties' right to choose should be respected and tried by Shouguang People's Court.

Q: How much do I have to pay if I file a lawsuit in court?

Answer: According to the standard of the people's court's case acceptance fee, if the subject matter of the property litigation case exceeds 1 1,000 yuan to 1 1,000 yuan, it will be paid at 2.5% (S=A×2.5%-200). The case is in arrears with rent of 80,000 yuan. According to this formula, the court should pay the case acceptance fee 1800 yuan. The legal fees are generally paid by the plaintiff in advance, and the plaintiff can list the legal fees as creditor's rights. If the court decides that the defendant shall pay the legal fees according to law, the plaintiff may apply for enforcement together with the defendant's property when the court executes it. How to prevent housing lease disputes? The prosecutor will help you:

1. The lessor shall sign a written lease contract according to law, and clearly stipulate the rights and obligations of both parties in the contract.

2. Before signing the contract, the lessor should have a necessary understanding of the lessee's economic ability, and don't blindly rent the house to units and individuals without economic ability. Otherwise, after the dispute occurs, the lessor will definitely suffer. Even if the court decides the other party to pay the rent through litigation, the execution may be abandoned because of difficulties.

3. When renting a house, the lessor may require the lessee to set up a guarantee. The lessee can set up a guarantee, which is one of the effective ways to reduce the lease disputes caused by the inability to pay the rent.

In a word, if we don't pay attention to the above matters in the process of writing the house lease contract, it will only bring us some losses. Therefore, it is necessary to write a reasonable housing lease contract to realize the security of the transaction and avoid the situation that the tenant does not pay the rent.