1. Reconciliation negotiation
Reconciliation is a mutually beneficial solution reached by both parties through negotiation. When there is a dispute over the lease contract, both parties can take the initiative to negotiate and find a solution that is satisfactory to both parties. During the negotiation, both sides can put forward their own demands and interests and try to reach a proper solution.
2. Legal aid
If the dispute is complicated, or the two parties cannot resolve it through consultation, the injured party may seek legal aid. Legal aid is usually provided by professional lawyers, who can help you understand the relevant legal provisions, rights and interests and feasible legal channels. They can communicate with each other on your behalf, help you draft legal documents and prepare evidence.
3. Arbitration and mediation
Arbitration and mediation is a non-litigation way to solve disputes. By choosing independent arbitrators or mediators, they will act as third-party neutrals to help both parties resolve disputes. The process of arbitration and mediation is relatively flexible, with relatively little time and cost, and can protect the business secrets of both parties.
Bring a lawsuit
If other methods cannot solve the dispute, the injured party can choose to submit the dispute to the court. Prosecution is usually the last resort, that is to say, the issue should be submitted to the judge for final decision. Before prosecution, the injured party should collect relevant evidence and find an experienced lawyer to represent their interests. Only in this way can we safeguard our rights and interests.
How to prevent housing lease disputes?
1, rental housing charges, renters had better budget in advance. For example, the Nanjing Local Taxation Bureau issued the Notice on Relevant Issues Concerning the Collection and Management of Individual Rental Houses, which will strictly levy a comprehensive tax of 5% of the rental income of individual rental houses. In order to implement the policy, some house owners may transfer this part of taxes and fees to renters in order to ensure their balance of payments, resulting in an increase in the actual cost of renters. Therefore, in the peak period of housing lease, renters should consider the expenditure of this part of the expenses when renting a house and make the best budget in advance.
Read the terms carefully when signing the contract. When signing a house lease contract, the renter must read clearly the terms stipulated in the contract, and make clear the rights and obligations of both parties, such as the purpose of lease, the lease term, the responsibility for repair, the change and dissolution of the contract, the signing of sublease, and the liability for breach of contract. And both parties should reach an agreement through consultation to avoid disputes in the process of renting houses in the future.
3. It is very important to do a good job of property inspection. Both parties to the lease have reached an agreement. In addition to signing a formal house lease contract, the settlement and commitment of related expenses such as equipment, water, electricity, coal, gas, cable TV, telephone and property maintenance fund within the lease period should also be clearly written in detail and kept as an annex to the contract so as not to bring unnecessary trouble to themselves.
4. If you meet the "second landlord", you should recognize your identity. It is difficult for renters to sign contracts with the original owners now. Therefore, when the renter meets the second landlord, he should identify his identity card to see if the second landlord has the right to sublet the house during the lease period, let him show the lease contract and provide the relevant property certificate of the house, so as to avoid legal disputes.
5. The renter chooses to entrust a formal intermediary to rent a house. Choosing a large-scale intermediary brokerage agency with professional service and standardized operation can not only solve the problem of renting a house quickly, but also effectively protect the interests of the lessee. In order to avoid being deceived by some illegal intermediary companies using repeated false housing information.
To sum up, housing lease contract disputes belong to general civil disputes, and judicial organs are the last resort when civil disputes cannot be settled through consultation. No matter how complicated the rental contract dispute is, neither party can handle it in an illegal way. However, the prosecution period for lease contract disputes may be longer.
Legal basis:
People's Republic of China (PRC) Arbitration Law
second
Contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects may be arbitrated.
Article 11
The arbitration commission shall meet the following conditions:
(1) Having its own name, domicile and articles of association;
(2) Having necessary property;
(3) Having committee members;
(4) Having appointed arbitrators.
The articles of association of the Arbitration Commission shall be formulated in accordance with this Law.
People's Republic of China (PRC) Civil Procedure Law
essay
application area
The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them because of property relations and personal relations.