Job Recruitment Website - Property management - When the rent expired, the tenant refused to move out. Can the landlord open the key himself?
When the rent expired, the tenant refused to move out. Can the landlord open the key himself?
1, negotiation
The owner can try to communicate and negotiate with the tenant first to clarify the purpose of the other party's malicious occupation of the house. If the two sides can solve this matter through consultation, a lot of unnecessary troubles will be avoided.
Step 2 sue
If the tenant refuses to negotiate or fails to negotiate, the owner may bring a lawsuit to the court and ask the tenant to move out of the house and bear corresponding responsibilities. According to the provisions of the contract law, after the termination of the housing lease contract, the owner can ask the lessee to restore the original state.
Because the lessee fails to fulfill the obligation of returning the house, it shall also pay the corresponding occupation fee to the owner during the occupation of the house, and shall also bear the corresponding compensation if losses are caused to the owner. If the lessee does not move out after the expiration, he may apply to the court for compulsory execution, and the court will force him to move out.
Extended data:
Reasons for not recommending forced repossession by homeowners.
Tenant is a kind of de facto dominant state of the house, that is, legal "possession". The owner may ask the lessee to move out of the house, but shall not use violence or coercion to drive the lessee away.
If the owner unlocks the lock by himself and forcibly moves all the other party's luggage out of the house to recover it, it will be suspected of violating the relevant provisions of the Law on Public Security Administration Punishment and illegally invading the house. If it causes property damage and personal injury, it will also be suspected of intentional destruction of property and intentional injury.
If the circumstances are serious enough to constitute a crime, criminal responsibility will be investigated according to law. The right relief should be carried out through proper channels, otherwise the right will not be well maintained, but the other party needs compensation.
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