Is it troublesome to fight a house lease lawsuit?

It's no trouble to sue for rent arrears. As long as the evidence is collected, you can bring a lawsuit directly to the people's court. Under normal circumstances, after signing the lease contract, both parties shall fully perform their obligations in accordance with the contract, otherwise they shall bear corresponding liabilities for breach of contract.

How to prosecute housing lease disputes;

If both parties have an arbitration clause in the contract, or fail to reach an arbitration agreement after a dispute occurs, they may directly file a civil lawsuit with the people's court and submit an indictment for individual housing lease contract disputes. A case that the court thinks should be accepted shall be put on file for trial.

Housing lease dispute prosecution fee:

1. What is the litigation cost of the house lease dispute? Disputes arise in the process of renting the house, and the two sides fail to reach an agreement through consultation. You can bring a lawsuit to the local people's court. For example, the rent of a house rented by xx is 8,000 yuan a year, which is calculated according to the amount claimed in the lawsuit. Generally determined according to the litigation request, the amount of 1-65438+ ten thousand is calculated at 2.5%. The court only charges legal fees, not filing fees.

2. How to collect the lawyer's fees for housing lease disputes, such as representing civil cases.

(1)5000 yuan/piece does not involve property relations;

(2) If property relations are involved and the subject matter of the dispute does not exceed 10000 yuan, a handling fee of 1000 yuan will be charged for each piece; If the disputed subject matter exceeds 10000 yuan, in addition to the handling fee of 2000 yuan per piece, it can be charged by stages according to the following standards: 5%, 4%, 3%, 2%, 1%.

Housing lease dispute prosecution materials:

(1) Civil complaint.

Submit a complaint to the court and provide copies according to the number of defendants.

(2) materials proving the subject of the party concerned

1. If the plaintiff is a natural person, he shall submit his identity certificate.

2. If the plaintiff is a legal person or other economic organization, it shall submit a copy of the industrial and commercial business license, the registration materials of the association legal person registration certificate and other subjects. If the name of a legal person or other economic organization changes at the time of prosecution, the registration materials for the change shall be submitted.

3. If the defendant is a legal person or other economic organization, the industrial and commercial inquiry materials of the defendant's legal representative and domicile shall be submitted at the time of prosecution. If the name of a legal person or other economic organization changes at the time of prosecution, the registration materials for the change shall be submitted.

(3) Proof of the establishment of the house lease contract.

1, house ownership certificate or other evidence to prove the ownership or use right of the house.

2. Housing lease contract.

3. In case of sublease, evidence proving the legality of sublease shall be submitted.

(4) Proof of performance of the house lease contract.

1. Evidence to prove the lessor's performance of the contract, such as whether the house has been delivered to the lessee, the condition of the house at the time of delivery, etc.

2. Evidence to prove the lessee's performance of the contract, such as deposit or security deposit, rent, property fees, utilities, etc.

3. The certificate attached by the lessee to the housing facilities.

4. If there is a specific claim amount in the litigation request, the calculation basis shall be provided.

(five), according to the case need to submit other evidence.

legal ground

People's Republic of China (PRC) Civil Code

Article seven hundred and twenty-one

The lessee shall pay the rent within the agreed time limit. If the time limit for paying the rent is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 510 of this Law, if the lease period is less than one year, it shall be paid at the expiration of the lease period; If the lease term exceeds one year, it will be paid annually; if the remaining term is less than one year, it will be paid at the expiration of the lease term.

Article 722

If the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.

Article 577

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.