How to sue for violating the lease contract?

First, how to sue for breach of lease contract

According to the provisions of China's Civil Procedure Law, when bringing a lawsuit for breach of contract, the prosecutor must first collect evidence, write an indictment, and then bring a lawsuit to a court with jurisdiction. A court that meets the conditions for prosecution will file a case.

The specific prosecution process is as follows:

1. The parties shall collect the relevant evidence of the other party's breach of contract in advance, and prepare the original and photocopy of the house lease contract signed by both parties, as well as the certification materials of the plaintiff and defendant's litigation subject qualifications, including ID card, resident population information, business license and other documents;

2. Submit a complaint to the people's court. The observant party may require the other party to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses;

3. According to the indictment and corresponding evidence, the relevant competent court will file a case against Yu Yi who meets the conditions for prosecution. After the court put the case on file, through mediation, trial and investigation, the defaulting party is judged to bear corresponding legal responsibilities. If a party refuses to accept the judgment of first instance, he may appeal within 15 days from the date when the judgment is served. The procedure of the second trial is basically the same as that of the first trial.

Relevant laws and regulations:

Article 23 of the Civil Procedure Law of People's Republic of China (PRC): A lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed.

Article 64: The parties have the responsibility to provide evidence for their claims.

The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.

The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.

Two, housing lease disputes mainly include the following situations:

1, rent breach dispute

Disputes caused by the lessee's non-performance of the contract, long-term arrears of rent, malicious arrears, and lessee's breach of contract, etc. This is the most common dispute in house leasing. When renting a house, there is no written contract, only an oral agreement, or the agreement on rent and lease term in the lease contract is unclear, or there is a dispute between the lessor and the lessee due to changes in market conditions. If some lessees fail to pay or delay the payment of rent without justifiable reasons, the lessor requests the lessee to pay within a reasonable period of time, and the lessee refuses to pay, and the lessor requests to terminate the contract, and the lessee is unwilling to move out.

2. Disputes over damages

Like damages in other legal relationships, disputes over damages in house leasing relationships are mainly caused by tort. Common ones are as follows:

(1) Disputes over compensation for house damage

Most of these cases are caused by the lessee's own fault in the process of decoration or use, and some are caused by the quality problems of the rented house itself. The lessor and the lessee have disputes over the responsibility for house damage.

(two) personal and property damage compensation disputes

Due to the quality problems of the rented house or improper protective measures of the lessor, the lessee's personal and property damage is caused. Whether the lessor should bear the responsibility is different.

(three) disputes that damage the legitimate rights and interests of the owner of the leased house.

Housing * * * Some people enjoy the same rights to their houses (including * * * shared by * * and * * * shared by shares), and some * * * people rent real estate without the consent of other * * * people, which infringes on the legitimate rights and interests of other * * * people.

(4) decoration cost disputes

After the establishment of the house lease relationship, especially the business house lease relationship, it often happens that the lessor terminates the contract in advance because of the lessee's default in rent, which involves the dispute over the disposal of the unamortized decoration expenses.

3. Disputes over the priority to sell houses during the lease period.

The Regulations on House Lease stipulates that the lessee has the preemptive right to sell the house during the lease period under the same conditions. The Civil Code also has such provisions. In real life, many lessors often ignore the provisions of the law on this priority, and some deliberately deprive the lessee of this priority, resulting in disputes. The lessor's act of selling real estate in violation of this law may be confirmed invalid according to law.

4, housing sublease disputes

China's current laws and regulations allow real estate subletting, but there are also many disputes in this regard, some of which are subletting without the consent of the lessor, some are subletting at different levels, and the subject is chaotic; Some sublease terms far exceed the original lease term, leading to serial disputes; Some even charged the sublease fee and ran away. In practice, some lessors turn a blind eye to unauthorized subletting, thinking that they can only collect rent, which will only harm their own interests in the end.

5. Disputes arising from the change of house use.

Under normal circumstances, tenants rebuild or change the original rented house without the consent of the owner, which causes great damage to the house and even threatens the personal safety of the head of the household, and the lessee thinks that he has the right to control the rent, which has caused many disputes.

6. Unilateral termination of contract disputes

Generally speaking, one party to a house lease contract unilaterally terminates the contract out of helplessness, but there is also a party who, for the sake of greater interests, prefers to lose less interests and deliberately unilaterally violates the contract to terminate the contract.

Three, to prevent housing lease disputes:

1, completing the legal requirements for house leasing.

The owner (lessor) shall sign a lease contract according to law and rent the house legally. What is emphasized here is legitimacy. Only when the house lease relationship is legal can it take effect. Legality and effectiveness can not only greatly reduce the occurrence of lease disputes, but also be the most practical measure for the parties to protect themselves. In order to make the lease relationship legal and effective, the following requirements must be met:

(1) A written lease contract shall be signed in accordance with the law, and the rights and obligations of both parties to the lease shall be clearly stipulated in the contract, that is, the so-called "villain first, gentleman later".

(2) The contents of the contract cannot be illegal. For example, the function of a house is a residence or a factory building. Without the approval of the relevant functional departments, it cannot be changed in the contract and can be rented for commercial purposes. Cases in this area show that hiring professional lawyers to participate in housing lease negotiation and contract signing can get twice the result with half the effort in avoiding losses.

(3) The legal relationship of house lease is a special civil legal relationship. It should be legal and effective. In addition to the true agreement of the parties and the legal content of the contract, there are also legal formal requirements, such as the lessor must hold the house lease license issued by the government functional department and register with the house lease management department within 10 days after the contract is signed.

2. Pre-rent survey

The lessor should have a necessary understanding of the lessee's economic ability before signing the contract, and should not blindly rent the house to units and individuals without economic ability. The occurrence of some lease disputes is often related to the blindness of the lessor when renting a house. In real life, some owners panic because their property is vacant. As long as the lessee appears, regardless of whether he has the ability to pay the rent, he will sign the contract hastily or even hand over the house to the other party without signing the contract. As a result, when the other party couldn't pay the rent, he noticed that he had no ability to pay the rent. After this kind of dispute happens, 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. Tenants should not be greedy and cheap, and look for owners with unclear property rights, illegal buildings and no rental permits. Before renting a house, the lessee had better consult with the house rental management office about whether the house he wants to rent can be rented, or please rent a house that can be rented. If we can do this, we can basically avoid the economic losses caused by blind renting.

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 most effective ways to reduce the lease disputes caused by the inability to pay the rent.

For those leasing relationships with large lease area, high total rent and long lease time, and the parties who are not easy to grasp the credit status of the lessee, it is particularly necessary to set up a guarantee.

4. Before renting the house, the lessor should comprehensively and objectively evaluate the overall economic situation and put forward a reasonable rental price.

If a lawsuit is filed for breach of the lease contract, first collect evidence and write an indictment, and then file a lawsuit in a court with jurisdiction. A court that meets the conditions for prosecution will file a case.

Legal objectivity:

Article 584 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * If one party fails to perform its contractual obligations or the performance of contractual obligations does not conform to the agreement, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract. Article 585 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * The parties may agree that if one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party, or they may agree on the calculation method of damages for breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.