The police will inform that the rental dispute is a civil dispute, and suggest that the parties to the rental dispute should handle it according to the lease contract or bring a lawsuit to the people's court through legal channels. If there is a physical conflict between the renter and the police, the public security organ will accept it.
Tenants are engaged in illegal activities in the house. Can the landlord call the police?
If the landlord finds that the tenant is engaged in illegal activities in the rented house, he can call the police and terminate the lease contract. When concluding a contract, the parties may stipulate the conditions for one party to terminate the contract. When the conditions for terminating the contract are met, both parties may terminate the contract. If the contract does not stipulate the conditions for one party to terminate the contract, both parties to the lease may also terminate the contract by agreement. When the parties declare the termination of the contract, they should use methods and conditions that meet the legal requirements and avoid "terminating the contract" without any notice.
Types and handling methods of lease disputes
1, rent payment dispute
This is the most common dispute in real estate leasing. There are three ways to deal with rent payment disputes:
(1) Both parties to the lease have reached an agreement through consultation that either the lessee pays the rent in time or the landlord agrees to postpone the payment, which does not involve other aspects of the lease contract.
(2) Further than the above situation, both parties to the lease will solve the problem of how to pay the rent in arrears, and at the same time, they will also solve the problem of liability for breach of contract arising from it under the premise of clarifying their responsibilities and continue to perform the lease contract.
(3) terminate the lease contract. This is mainly due to the loss of the basis for both parties to continue to perform the contract, or the termination of the contract through consultation between the two parties, or the termination of the lease relationship through prosecution by one party.
2. Disputes over damages
Like other legal relationships, the disputes over damages in the real estate leasing relationship are mainly caused by tort, such as compensation for housing damage, compensation for personal or property damage, compensation for infringement of the legitimate rights and interests of housing owners, etc.
3. Other disputes
In addition to the aforementioned disputes over liquidated damages and damages, there are disputes over the priority of selling real estate during the lease period, disputes over subletting, disputes over changing the use of the house, and disputes over the lessee's inability to fight against a third party because the lease contract is not registered.
This requires tenants to have a certain understanding. Rent disputes had better be settled through negotiation with the landlord. If negotiation fails, you can apply for arbitration or legal proceedings to safeguard your legitimate rights and interests. Please consult a professional lawyer if you have any other questions.
Second, who is the agent looking for in the rental dispute?
1. Rent disputes shall be settled through negotiation. When disputes arise between the parties to the house lease, they shall be settled through consultation, and may seek non-interested parties to be present to witness.
2. If negotiation fails, request mediation. If negotiation fails, you can find a residents' autonomous organization or neighborhood committee for mediation, or you can find the relevant staff of the housing management office to solve it.
3. If negotiation fails, bring a civil lawsuit or arbitration. If negotiation fails, it shall be settled in accordance with the civil litigation agreed in the house lease contract or by applying for arbitration.
Extended data:
Basic principles of housing lease disputes: 1, principle of safeguarding the legitimate rights and interests of the parties. The lawful property of citizens and legal persons is protected by law, which is stipulated by the laws of China, and no unit or individual may infringe upon it. Only by strictly performing the contract can the rights and interests of both parties be inviolable.
2. The principle of taking facts as the basis and law as the criterion. This is an important principle to deal with real estate leasing disputes. In case of disputes over real estate leasing, we should persist in investigation and study, find out the facts and handle them according to the provisions of national laws, administrative regulations, local regulations and policies. All acts, demands and propositions that conform to the law should be supported and protected, while those that do not conform to the provisions of laws and regulations should be rejected and sanctioned.
3. Implement the principle of combining mediation, arbitration and judicial trial. Real estate leasing disputes are different in size, complexity and difficulty. These disputes are contradictions among the people. There are many ways to solve these disputes. Arbitration organs and people's courts should also mediate in the trial of lease disputes, do a good job in persuasion and education, so that the parties can abide by the contract, fulfill the agreement, understand each other and make concessions to each other, and then make a ruling or judgment according to law when the settlement fails.
4. Principles conducive to stabilizing the order of real estate leasing. With the increasing frequency of real estate leasing activities, the real estate leasing market is becoming wider and wider. The stability and development of the real estate leasing market is of great significance to the stability and development of the socialist market, social stability and people's work and life.
Third, how to protect the rights of real estate disputes in real life
If the seller has an overdue house permit, he should be responsible for the trouble without it. How should buyers protect their rights? If you can't get the house certificate beyond the time stipulated in the contract, you have to safeguard your legitimate rights and interests through effective channels. First of all, negotiate with the developer, what causes the failure to apply for the house permit on schedule, and how long it will take to come up with opinions and methods to solve the contract breach between the two parties. Secondly, if the two sides have great differences of opinion and cannot reach an agreement, they have to take judicial procedures to safeguard their rights. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts clearly stipulates that those who fail to apply for real estate licenses within the time limit shall be liable for breach of contract in accordance with the stipulations of the commercial housing sales contracts. If there is no liquidated damages or the amount of loss is difficult to determine, the purchaser can refer to the standards stipulated by the People's Bank of China and calculate the interest on overdue loans according to the total amount of the paid house purchase. The seller's liability for breach of contract is divided into three periods: (1) the period for registering the ownership of the house as stipulated in the commercial housing sales contract; (two) the subject matter of the commercial housing sales contract is an unfinished house, 90 days from the date of delivery of the house; (3) The subject matter of the commercial housing sales contract is the completed house, which is 90 days from the date of conclusion of the contract. Experts remind: if the developer fails to apply for the real estate license, the owner can choose negotiation or litigation, and investigate the developer's liability for breach of contract according to the contract or legal provisions.
In case of overlord clause, the developer should be required to refund the deposit. Recently, Mr. Lin of Fuzhou took a fancy to a house and paid a deposit of 65,438+10,000 yuan without much thought. Later, when signing the contract, he found that many clauses in the contract were overlord clauses and regretted it. Mr. Lin said that the sales contract stipulated the price. If the developer's area is less than 3%, the buyer has no right to demand compensation from the developer; If the developer's area exceeds 3%, the buyer shall pay the house price according to the actual area, and has no right to choose to return the house. In the contract, the buyer is required to complete the loan formalities within 30 days, otherwise, a penalty of 0.5 ‰ will be paid every day, and the developer will pay a penalty of 10 yuan for late delivery. Mr. Lin wants to ask: the contract has not been signed yet. If negotiation fails, can he ask for a refund of the deposit of 65,438+10,000 yuan? According to the relevant provisions of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Contract Disputes, there is no clear agreement in the contract: if the actual area of commercial housing is inconsistent with the area agreed in the contract, if the absolute value of the area error ratio is within 3% (including 3%), the settlement shall be made at the price agreed in the contract; The seller shall bear the house price for the part with over-large area and error ratio exceeding 3%, and the house price for the part with over-small area and error ratio exceeding 3% shall be returned by the seller to the buyer twice. If the buyer and seller of commercial housing cannot reach an agreement on the specific terms of the contract, according to the regulations, "the contract for the sale of commercial housing cannot be concluded due to reasons not attributable to both parties", then the seller shall return the down payment to the buyer. What happened to Mr. Lin belongs to "a cause that cannot be attributed to both parties", and the developer should refund the deposit. Experts remind: In order to avoid unnecessary disputes with developers, it is suggested that property buyers should ask developers to provide a model of their proposed commercial housing sales contract when paying the deposit, so as to decide to buy and pay the deposit.