The strategy of repossession when the lessee refuses to vacate the house when the lease contract expires-the owner is a natural person (individual)

Disclaimer: This foreclosure strategy only informs the owner that when the lease contract expires and the lessee does not return your house, you have the right to take appropriate measures to take back your house! Solemnly remind: we must exercise restraint in the process of repossession, do not have any physical conflicts, and do not infringe upon the legitimate rights of others in the name of repossession. No responsibility will be assumed for any personal injury or damage to articles during the process of taking over the house according to this strategy.

The following is the text:

It is a pleasure to rent an extra house to earn income, but if you meet a troublesome tenant, don't say that you haven't taken care of your house and furniture. If you refuse to move out after the expiration, it will be really troublesome.

Recently, friends got together and asked: If the tenant doesn't vacate the house, renew the contract and pay the rent, I can't get the house back. what can I do? This is really-this is a small but extremely annoying thing.

As the owner, it is no problem to sue the tenant to vacate and bear all kinds of losses such as rent during the occupation of the house. However, there are judicial procedures. If a program goes on, half a year may pass. If your house is in the north, Guangzhou, Shenzhen or any economically developed city, the judges are already very busy, and you may not want to solve it in a day or two or a month. When the executive judge finally helps you vacate the tenant, in case the tenant really has no money, you can temporarily forget the loss of occupying the house. If your tenant has been living like this before the court execution, you say you may also get bored and depressed.

Pay special attention, pay special attention, pay special attention to:

1. If your tenant is old, sick and pregnant, the lawyer suggests that you bring a lawsuit to the court. In case of personal injury, it's not just the loss of rent.

If your tenant is a gangster or looks like a local ruffian, the lawyer suggests that you go to court for prosecution. If you can't cure him in the future and let him hurt you personally, it's even more worthless.

3, have something to say, don't quarrel, don't think that threats and coercion can solve the problem. Not at all! Most of the time, threats and coercion only make things worse. A lawyer once met a client who entrusted his house to an intermediary for rent. After the lease contract expired, the intermediary sent a dozen or twenty big men in black to collect the house. Dude, you're an intermediary, not a gangster, okay. Tenants are really unambiguous. The man goes out, and the daughter-in-law takes care of the children under one year old at home. Oh, this is really a heroine among women. Are a dozen black people trying to scare me? Not only is it impossible, but I also make you unlucky! Alarm and video recording. The police are here, and the video is here. Are you coming? The intermediary quit, the tenant was unscathed, but the owner was miserable! Since then, the house has not been returned and the rent has not been paid. Will your agency compensate me for scaring the children? What? Let me move out, no! The owner is so worried that everyone knows that you threatened the intermediary with my house, which makes no sense! But the tenant doesn't care! What do you suggest? The intermediary can be polite now, and people don't care. It's your house anyway, and I'm not in a hurry. Therefore, it makes sense to treat the enemy first! Otherwise, you should have been right, but you were ignored, thanks to you!

The hint of the hint, the explanation of the explanation, and finally: the raiders are coming (gnome male-",it's actually very simple):

1. The lease contract expires: This is very important. A, before the expiration of the contract, the owner must have a clear agreement to recover the house; B, if there is no agreement, then talk about it. We can talk about everything after consultation and wait until it is due. C. If the lease contract stipulates: Will the lease be renewed one month before the lease expires? Then you need to communicate with the tenant one month before the lease expires according to the lease contract.

Bottom line: Do it according to the contract, but don't want to do it according to the contract. Talk it over and settle it.

About the rental contract: At present, most people think that the contract is very simple. Use the template and download the next one online. In this regard, the lawyer also replied in a simple sentence: a universal template is usually useless when you encounter something. However, a contract is better than nothing!

2, notice to move out of the house: notice is very important, once again remind: salute first!

Answer: Tell your tenant in writing that the lease contract has expired. Please pack up your things and move out on schedule on the due date or within a few days after the due date, and agree on the specific delivery time. The handover place is generally designated as the internal affairs office. When handing over the house, you can settle the rent and refund the deposit together, and at the same time settle the miscellaneous expenses such as water, electricity, coal, TV, telephone, property and internet access, check the facilities in the house and hand over the house keys.

B notification method: generally, all means need to be exhausted, that is, telephone, SMS, WeChat and email. Don't forget that there is another way: post the notice directly at your door, and don't forget to take pictures as a souvenir after posting it. By the way, it is best to have time, reference, reference and so on when taking souvenirs.

3. Here comes the point. If you refuse to move out:

This process is the most painful phase of repossession, but life, without any pain, you are embarrassed to say that you have lived. Well, pain is pain, and things have to be done, and they have to be done carefully:

A. Take the property ownership certificate (proving that the house is yours), ID card (proving that the owner on the property ownership certificate is you) and the rental contract (proving that the contract has expired) on the agreed delivery date, and call the police if the tenant refuses to move out. Be sure to call the police. Tip: Show the real estate license, ID card and rental contract to the police, and keep the original.

B. After calling the police: If your house and rental contract do expire, the police will generally mediate and give the tenant a few days to move out, but don't expect the police to help you ask the tenant out. This is beyond the responsibility of others.

C after the first alarm, the lessee still refuses to move out, and returns to Article 2 of this article to inform him to move out again. The content to be informed this time is: the owner will take over the house on a certain day, and if you don't move out, the owner will seal up your property and replace the door lock. Similarly, we must use all means to inform the tenant that we can't contact, and the notice will be posted on the door to take pictures.

D. after repeating from a to c several times, you can take the locksmith master to change the lock and close the house on the appointed day.

4. Seal up the tenant's property. Other people's belongings are left at home, no matter how much they are worth. First of all, they can't be hidden. Second, they can't be disposed of at will. Third, they must be sealed. When sealing, you should take notes, take photos and record the whole process: from the time the owner unlocks the lock to the time the tenant's things are packed and sealed, you should record the whole process. If it is a mobile phone video, save the video after recording and keep the original carrier.

Possible risks:

When you change the lock and close the house, because there will still be the tenant's property in the house, it is possible that the tenant will sue you in court and demand compensation for the damage or loss of the tenant's property caused by your lock change. It is very important for the owner to make a good record, which is why video recording is needed. Of course, any lawsuit requires evidence, and it is difficult to prove the existence of items or the loss or damage here. But since the lawsuit has reached the court, please hire a professional lawyer to help you with the lawsuit. After all, there is specialization in the industry.

5. Inform the tenant to settle the remaining matters through negotiation as soon as possible. This notice shall include the following contents: inform the lessee that the house has been repossessed and the lessee's property has been sealed up, and ask the lessee to collect the lessee's property as soon as possible and negotiate to handle other matters. If it is overdue, it will charge a storage fee and so on.

6. Negotiate and completely solve this incident. The house is back, the troubles are gone, and the refreshing life begins again.

Legal relations involved in this article:

1. legal relationship of lease: the legal relationship of lease is established when the lessor and the lessee sign the lease contract. Based on the ownership of the house, the owner has the right to transfer the right to use the house to the lessee and collect the rent accordingly; The lessee pays the rent, becomes the usufructuary right holder of the house and obtains the right to use the house during the lease period. When the lease contract expires, the lessor and the lessee fail to reach a renewal agreement. Due to the expiration of the contract, the legal relationship of lease is eliminated, the lessee's usufructuary right is eliminated, and the owner takes back the house based on the ownership of the house.

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