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Is it troublesome to sue for rent evasion?
When the tenant is in arrears with the rent, the landlord can negotiate with the tenant first according to the actual situation to obtain the understanding and understanding of both parties. When the landlord and the tenant reach an agreement through consultation, the landlord may invite both units or neighborhood committees to assist in urging the tenant to fulfill the obligation of paying the rent according to the contract.
If the problem cannot be solved, the landlord can apply to the real estate arbitration institution for arbitration according to the relevant provisions in the lease contract. If the above-mentioned methods cannot solve the problem of the lessee's arrears of rent, the landlord has the right to bring a lawsuit to the people's court, requesting the court to determine the rent that the lessee should pay according to law, and investigate the lessee's liability for breach of contract.
The trial result of the people's court has the highest effect and its judgment can be enforced.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 188 The limitation of action for requesting the people's court to protect civil rights shall be three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it.
Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
Article 189 Where the parties agree to perform the same debt by installments, the limitation period of action shall be counted from the date when the last installment expires.
Article 233 Where a property right is infringed, the obligee may settle it through conciliation, mediation, arbitration and litigation.
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