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My own things are in the rented house and I want to move out. Does the owner have the right to interfere? Does the property have the right to interfere?
Legal analysis
In our country's laws, the protection of rights is not single, but all-round and three-dimensional protection. As far as the lease relationship is concerned, under normal circumstances, the lessee rents the house to the lessee, so the lessee should ensure the basic functions. Then the lessee should also use the lessee's goods reasonably, whether it is a house, large machinery or expensive machinery. At the same time, the lessee shall also pay the agreed rent to the lessee regularly, and the lessee shall collect the rent according to the agreement. If the lessee fails to pay the rent on time, then another legal relationship will be formed between the two parties. According to the law, when the debtor can't pay the rent on time, as a creditor, that is, the lessee, he can keep the movable property that has been legally occupied. Then, of course, the items in the lessee's house are legally possessed, and the lessee has the right of priority possession and compensation. Therefore, whether you have the right to interfere depends not only on whether the item belongs to the owner, but also on whether there are other creditor's rights and debts.
legal ground
People's Republic of China (PRC) Civil Code
Article 207 State, collective and private property rights and the property rights of other obligees are equally protected by law, and no organization or individual may infringe upon them.
Article 233 Where a property right is infringed, the obligee may settle it through conciliation, mediation, arbitration and litigation.
Article 234 Where there is a dispute over the ownership and content of the real right, the interested party may request confirmation of the right.
Article 235 Where the creditor has no right to possess the immovable property or chattel, the creditor may request the return of the original property.
Article 240th the owner has the right to possess, use, profit from and dispose of his real estate or chattel according to law.
Article 720 During the lease term, the proceeds from the possession and use of the lease item shall belong to the lessee, unless otherwise agreed by the parties.
Article 447 When the debtor fails to perform the due debt, the creditor may retain the chattel that he has legally possessed, and enjoy the right of priority in compensation for the chattel.
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.
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