There are two situations in life about the time of rent payment: monthly/quarterly payment and non-agreed payment. This paper introduces the calculation of the limitation of action for rent without considering the interruption or suspension of the limitation of action for the time being Both parties agree to pay the rent monthly/quarterly. According to Article 5 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Prescription System in the Trial of Civil Cases: "If the parties agree to perform the same debt by stages, the prescription period shall be calculated from the date of expiration of the last period of performance", and the months of unpaid rent shall be calculated from the date of payment of the last period of rent. The two parties have not agreed on the time of rent payment. If the law stipulates that the two parties have not agreed on the time of rent payment, the rent will be paid once a year. Therefore, the court generally supports the parties to sue for compensation for the rent of the previous year.
According to Chinese law, the limitation of action for delaying or refusing to pay rent is 1 year. In other words, the lessee has not paid the rent for more than 1 year, and the owner of the house has not claimed the rights to the court. After one year, even if the owner of the house requests to recover the rent in the past 1 year, the court will not support it. The statute of limitations for delaying or refusing to pay the rent is one year.
The facts of a legal case
On June 5438+1October 12, 2000, a property management company signed a public housing lease contract with Han, and both parties mainly agreed that Han would rent a house in the community managed by the property management company and pay the rent 173 yuan every month. Those who fail to pay the rent after months shall pay 10% in addition to the arrears. Hou Hanmou has been in arrears with rent since 200112. On June 5438+ 10, 2006, the property management company sued Han, demanding that Han pay 2006 12 to 12, the house rent 10380 yuan, and the liquidated damages12. During the trial, the defendant pointed out that the property management company had never asked for the house rent from him, and according to the law, the time limit for refusing to pay the house rent was 1 year, and the service of the property management company was not good, so he disagreed with the plaintiff's claim.
submit to trial
According to the law, the court ruled that Han paid the property management company the house rent of 2076 yuan and liquidated damages of 207.6 yuan from June 65438+ 10/2, 2005 to June 65438+ 10/2, 2006, and rejected other claims of the property management company according to law.
comment
This case involves the legal provisions of short-term statute of limitations. Limitation of action refers to the system in which the obligee fails to exercise his rights within the statutory period and loses the right to request the people's court to protect his civil rights according to law. According to the law, the limitation period of ordinary litigation is 2 years, unless otherwise stipulated by law. The delay or refusal to pay the rent involved in this case belongs to the special provisions of the law. Article 136 of the General Principles of Civil Law stipulates: "The limitation period for the following actions is one year: (1) claiming compensation for personal injury; (two) the sale of substandard goods has not been declared; (3) delaying or refusing to pay the rent; (4) The property in escrow is lost or damaged. " The limitation period involved in this case is the short-term limitation period stipulated by law, and the time is 1 year.
In this case, a property management company failed to exercise its rights to Korea within the statutory time limit, so the rent exceeding 1 year could not be legally supported. However, the limitation period is not constant and it may be interrupted. Article 140 of the General Principles of the Civil Law stipulates: "The limitation of action is interrupted by bringing a lawsuit, one party making a request or agreeing to perform an obligation. From the time of interruption, the limitation period is recalculated. " Combined with this case, if a property management company urges Korea to pay rent every month from 200 1 to 1 in 2006, and can submit corresponding evidence, Korea will not be able to invoke the legal provisions of the above-mentioned short-term limitation period to require it to pay only 1 year rent. However, the plaintiff did not provide evidence to prove the reason for the interruption of the limitation of action. Therefore, the court ruled that the defendant only paid the plaintiff 1 year rent and liquidated damages.
(The above answers were published on 2016-01-18. Please refer to the actual situation for the current purchase policy. )
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