Job Recruitment Website - Property management company - When the rent is due, things will not be moved away, and they will be forcibly detained by the landlord.
When the rent is due, things will not be moved away, and they will be forcibly detained by the landlord.
It is recommended to negotiate with the landlord first. If negotiation fails, you can go to court to defend your rights.
In accordance with the provisions of the law or in accordance with the agreement of the parties, the following methods can be used to guarantee the performance of debts:
(1) The guarantor guarantees the creditor that the debtor will perform the debt, and if the debtor fails to perform the debt, the guarantor will perform or bear joint liability as agreed;
The guarantor has the right to recover from the debtor after performing the debt.
(2) The debtor or a third party may provide certain property as collateral.
When the debtor fails to perform the debt, the creditor has the right to discount the collateral or give priority to compensation with the price of selling the collateral according to law.
(3) One party may pay the deposit to the other party within the scope prescribed by law.
After the debtor performs the debt, the deposit shall be used as the price or recovered.
If the party paying the deposit fails to perform the debt, it has no right to demand the return of the deposit;
If the party accepting the deposit fails to perform the debt, it shall return the deposit twice.
(4) If one party takes possession of the other party's property according to the contract, and the other party fails to pay the payable amount according to the contract within the agreed time limit, the possessor has the right to retain the property, and the retained property shall be discounted according to law or be paid in priority with the price of selling the property.
How to deal with the landlord's forced robbery?
The landlord forcibly grabs things, which can be handled by relevant means such as alarm. Because this kind of behavior is illegal, it may be suspected of duty embezzlement. The crime of embezzlement refers to the act of illegally taking property, forgetting things or buried objects handed over by others for the purpose of illegal possession, and refusing to return them in a large amount.
The crime of embezzlement refers to the behavior that the actor illegally turns the public and private property he already holds into his own. The parties to a house lease shall conclude a lease contract according to law.
The contents of the house lease contract shall be agreed by both parties, and generally include the following contents:
(a) the name and domicile of the parties to the house lease;
(2) Location, area, structure, ancillary facilities, furniture, household appliances and other indoor facilities;
(3) The amount and payment method of rent and deposit;
(four) the purpose and use requirements of the leased house;
(five) the safety performance of houses and indoor facilities;
(6) Term of lease; (seven) housing maintenance responsibility;
(eight) payment of property services, water, electricity, gas and other related expenses;
(nine) dispute resolution and liability for breach of contract;
(10) Other agreements. The parties to a house lease shall stipulate in the house lease contract the measures to be taken when the house is expropriated or demolished. The construction (real estate) management department may, jointly with the administrative department for industry and commerce, formulate a model text of the house lease contract for the parties to choose.
When renting a house, you need to sign a house lease contract with the landlord. After the expiration of the lease term stipulated in the house lease contract, the house shall be handled immediately. The landlord can't forcibly seize the property, otherwise, this situation will constitute an illegal act. For the tenant whose property is sealed up, he can choose to report the case to the local public security organ or negotiate directly with the other party.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 270 of the Criminal Law
Those who illegally possess other people's property, fail to keep it properly, and refuse to return it, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined. Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph.
Article 577 of the Civil Code
If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.
Article 578
If one of the parties expressly expresses or shows by his own behavior that he will not perform the contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period.
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