What should I do if my rent arrears are not paid? Should I call the police first or file a lawsuit? Please elaborate!

If a rental dispute occurs, it can be sued in court. It is not a public security case and is not under the jurisdiction of the Public Security Bureau.

Late payment of rent is a violation of the agreement. According to the provisions of the contract law, the rent in arrears should be paid and the lessor should be compensated for the losses suffered. If the rent in arrears is unreasonable and the lease agreement cannot be performed, the lessor can also cancel the lease contract or apply to the People's Court for enforcement.

1. According to Article 107 of the "Contract Law of the People's Republic of China", if one of the parties fails to perform its contractual obligations or performs its contractual obligations and fails to perform the contract, it shall bear liability for breach of contract. If performance continues, remedial measures or compensation for losses will be taken.

2. Article 108 stipulates that if one of the parties expressly expresses or indicates that its contractual obligations have not been performed, the other party may require it to bear liability for breach of contract before the expiration of the performance period.

3. Article 109 stipulates that if one party fails to pay the price or remuneration, the other party may require it to pay the price or remuneration.

Extended information:

According to Article 242 of the "Civil Procedure Law of the People's Republic of China", the person subject to execution fails to perform the provisions of the legal document in accordance with the execution notice Obligations, the People's Court has the right to inquire from relevant units about deposits, bonds and property status, such as stocks and fund shares. The people's court has the power to detain, freeze, transfer and change the property of the person subject to execution according to different circumstances. ?

The property that the people's court inquires about, detains, freezes, transfers, and changes the price shall not exceed the scope of performance of the person subject to execution. If the people's court decides to detain, freeze, transfer or change the price of property, it shall make a ruling and issue an execution assistance notice, and the relevant units must handle it.

Article 243 stipulates that if the person subject to execution fails to perform the obligations stipulated in the legal document in accordance with the execution notice, the people's court has the right to withhold and withdraw part of the income of the person subject to execution who has performed the obligation. However, necessary expenses for the persons being executed and their supporting families should be retained.

If the people's court withholds or withdraws income, it shall make a ruling and issue a notice of enforcement assistance. Units, banks, credit unions and other units with executor savings business must handle it.

Article 244 stipulates that if the person subject to execution fails to perform the obligations stipulated in the legal document in accordance with the execution notice, the people's court has the power to seal up, detain, freeze, auction, and sell the property. Creditor owned. However, the necessities of the person being executed and his or her supporting family members should be preserved.

Baidu Encyclopedia - Contract Law of the People's Republic of China

Baidu Encyclopedia - Civil Procedure Law of the People's Republic of China