After the court accepts the compulsory execution, it will investigate and deal with the property, vehicles, securities and deposits under the debtor's name according to law.
Because the relationship between the landlord and the tenant belongs to the housing lease contract, both parties should agree on their obligations according to the contract law.
If the lease agreement cannot be fulfilled due to the bad behavior of defaulting on rent, the lessor may also terminate the lease contract according to law.
Relevant provisions of People's Republic of China (PRC) Contract Law:
Article 107? 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 108? 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.
Article 109? If one party fails to pay the price or remuneration, the other party may require it to pay the price or remuneration.
Extended data
Actual case:
Xiao Liu, who stayed in Beijing to work after graduating from college, rented a house near his unit. The agent told him that the company had rented the apartment for five years and could sublet it to him during the lease period.
Subsequently, the two sides signed a three-year house lease contract, and the rent was paid in one lump sum. The intermediary also asked Xiao Liu to sign a loan contract with the bank. The content is that the bank will pay all the rent of the house for three years to the intermediary company in one lump sum, and Xiao Liu will repay the bank on a monthly basis with personal credit as a guarantee, without paying the rent to the intermediary.
However, the intermediary company did not pay the rent to the landlord on schedule after receiving the bank loan, and also played the role of missing. The landlord was helpless and asked Xiao Liu to move out. But Xiao Liu disagreed, thinking that he had repaid the loan on schedule, that is, paid the rent on schedule. He also took the landlord and the intermediary to court.
The intermediary company did not appear in court. The landlord said that the house lease contract was cancelled because the intermediary breached the contract.
After trial, the court ruled that Xiao Liu moved out of the house within a time limit. If there is a dispute over the loan contract signed between Xiao Liu and a financial institution, he may file a separate lawsuit.
References:
? Baidu encyclopedia-house lease