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What if the lessee doesn't check out when the lease contract expires?
1. What if the lessee doesn't check out when the lease contract expires? According to Article 733 of the Civil Law: "At the expiration of the lease term, the lessee shall return the leased property. The returned lease item shall conform to the state after use in accordance with the agreement or the nature of the lease item. " Therefore, after the expiration of the contract, the lessee needs to return the leased property. If it is not returned, a written notice can be sent to the lessee, asking him to return the house within a time limit. If the other party refuses to accept it, you can ask the street office and the property to deliver the notarization service together. If the lessee is still unwilling to move out, he can file an infringement lawsuit and ask him to return the house. 1. When the house lease contract expires, the lessee refuses to return the house, which is an infringement. After the expiration of the housing lease contract, if either party is unwilling to continue the lease, the contract will be terminated due to the expiration of the performance. Lawyers believe that the lessee's continued possession of the house at this time is not based on the provisions of the contract, but an act of unauthorized possession, which is an infringement of the ownership of the owner of the house, so it is an infringement. 2. The losses caused by the infringement shall be borne by the infringer. If the house owner rents the house to a third person or sells the house after the termination of the house lease contract, if the original lessee refuses to return the house and the house owner cannot perform other contracts, the losses caused thereby shall be borne by the infringer, that is, the original lessee. For example, the lawyer said that the landlord sold the house to a third person and agreed on the delivery date. Because the original lessee refused to vacate the house and the house could not be delivered according to the house sales contract, the landlord should bear the penalty for overdue delivery to the purchaser. 3. The rent still needs to be paid during the period of continuing to occupy the house. The rent during the period when the original lessee continues to occupy the house shall not be exempted due to the expiration of the lease term. Otherwise, it should continue to pay according to the original rent standard. If the lessor rents the house to others, and the rent is lower than the original rent, the original lessee shall bear the liability for breach of the original rent to the new lessee because the lessor can't deliver the house, and the lessor's liability for breach of contract to a third party is part of the original lessee's tort compensation to the lessor; If the new rent is higher than the original rent, the difference between the original rent and the new rent is the lessor's profit loss, which should be compensated by the infringer, and the lessor's liability for breach of contract for the new lessee's undelivered house should also be compensated by the infringer. 4. sue the original lessee for infringement, urge him to return a house as soon as possible and bear the losses. Lawyers believe that the losses borne by the original lessee include the loss of the lessor's available interests, the lessor's compensation for the third party's breach of contract or infringement, the inability to exempt the rent, and the litigation costs and execution costs. 5. If the rented house has quality defects, it should not be defended by refusing to vacate the house, but should be solved separately. After the lease expires, the lessee refuses to check out for various reasons from time to time. If the leased house is indeed defective and causes losses to the lessee, the lessee shall collect relevant evidence, calculate the correct amount of losses and claim compensation from the lessor. Lawyers believe that "tit for tat" should not be used to solve the problem. If the lessor does not agree to bear the responsibility, the lessee may choose litigation or arbitration according to the contract, and shall not refuse to vacate the house. To sum up, since the landlord chooses to rent the house to the lessee, there will definitely be relevant agreements as a guarantee, and after the lease contract expires, the lessee must return the house to the landlord intact in principle. If it refuses to return it, it is the legal fault of the lessee and can directly sue the other party for infringement.
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