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How to enforce it if you don't move out?
If the lessee does not move out, can it be forcibly demolished?
The Measures for the Administration of Demolition stipulates that if the demolished person and the lessee fail to reach an agreement on the termination of the lease relationship, the demolished person shall exchange the property rights of the demolished person, and the house with the property rights exchange shall be leased by the original lessee, and the demolished person shall re-conclude the house lease contract with the original lessee.
"Demolition management measures" stipulates that when the leased house is demolished, if the demolished person and the lessee terminate the lease relationship, or if the demolished person resettles the lessee, the demolished person will give compensation; If the demolisher and the lessee fail to reach an agreement on the termination of the lease relationship, the demolisher shall exchange the property rights of the demolished person, and the house with the property rights exchange shall be leased by the original lessee, and the demolished person shall re-conclude the house lease contract with the original lessee.
What if the tenant doesn't pay the rent and move out?
1. If the lessee neither pays the rent nor is willing to move out, and the lessor is still unwilling to move out or pay the house rent after being urged, the lessor may terminate the house lease contract.
2. If the other party still fails to act after being urged by the lessor, it is suggested to bring a lawsuit to the court immediately in advance and ask the other party to bear the liability for breach of contract.
Can tenants seize their property if they don't pay the rent?
Tenants can't seize property without paying rent. The chattel retained by the lessor when exercising the lien shall belong to the same legal relationship as the creditor's right. If the lessee fails to pay the rent within the time limit, the lessor may terminate the contract, but may not seize the lessee's property. Legal basis: Articles 587 and 447 of the Civil Code of People's Republic of China (PRC). When the debtor fails to perform the due debt, the creditor may retain the movable property that the debtor has legally possessed, and has the right to be paid in priority for the movable property. The creditor specified in the preceding paragraph is the lien holder, and the movable property it occupies is the lien property. Article 448 The chattels retained by creditors and creditor's rights belong to the same legal relationship, except those retained between enterprises.
In life, many lessors change locks directly because the lessee refuses to pay the rent, or throw the lessee's property out of the house by themselves. This is not desirable, and it is easy to be entangled by the other party on the grounds of property loss. It is suggested to contact the property to cut off water and electricity, or ask the other party to move out immediately accompanied by the police.
Legal basis: Article 120 of the Civil Procedure Law of People's Republic of China (PRC) shall be submitted to the people's court with copies according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 122 Where a civil dispute brought by a party to a people's court is suitable for mediation, it shall be mediated first, unless the party refuses to mediate.
Article 236 A legally effective civil judgment or written order must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution. Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
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