First, who will pay the lawyer's fee for the rental dispute?
Generally speaking, in our country, whoever hires a lawyer will bear the cost.
First of all, piece rate
(a) litigation agency fees that do not involve property relations.
1, the basic standard in general:
Type of case: (RMB/piece) civil case 1.500 yuan, 2000 yuan for administrative case, 3000 yuan for criminal case and 3000 yuan for arbitration case.
2. Different criteria for different cases:
(1) For simple litigation cases, specific charging standards can be determined within 50% of the above standards;
(2) Major litigation and arbitration cases can be determined within 3 times of the above basic standards;
(3) Difficult and complicated cases can be determined within 5 times of the above basic standards;
(4) If there are foreign-related factors (if the subject matter of the dispute or the place where the contract is signed or performed is abroad, foreign laws shall be applied to solve it), it shall be determined within 5 times of the above basic standards; The above factors can be combined, but the actual standard shall not exceed 10 times of the above standard.
3, simple, major, difficult and complicated cases, the standards formulated by the provincial or provincial city lawyers association.
4. Well-known lawyers assessed by judicial administrative organs at or above the provincial level or lawyers' associations can determine specific charging standards within the range of 10 times of the above standards.
(2) Litigation involving property relations
In addition to the basic criteria for determining agency fees that do not involve property relations, agency fees are charged separately (progressively) according to the following criteria: the subject matter of the disputed property is 6,543.8+0,000 yuan (inclusive):
1 ten thousand yuan 1 ten thousand yuan (inclusive)
65438+100000 yuan, 500000 yuan (inclusive)
500,000 yuan, 6,543,800 yuan+0,000 yuan (inclusive)
1100,000 Yuan, 5,000,000 Yuan (inclusive)
5 million yuan 6,543,800+million yuan (inclusive)
100000 yuan is exempted from 4% 3% 2.5% 2% 1.5% 0.7%.
1. After consultation between the law firm and the client, if the above-mentioned cases involving property relations are subject to risk agency, the fees may be charged by both parties through consultation.
2. If there is a counterclaim in the litigation case, the fee shall be charged at half of the counterclaim amount.
(3) Other charging regulations
1. If a person acts as a private prosecutor in a criminal case or an agent for a victim in a public prosecution case, the charging standard for civil cases shall apply.
2. For litigation cases after the first instance and the second instance, the actual charges of the first instance will be halved; If the complaint has been followed up by the agent of the first instance or the second instance, it will be charged at half of the actual charging standard of the first instance; He represented arbitration, and the fees for the first and second stages of litigation were halved according to the arbitration stage.
Second, the provisions on agreed fees.
Acting as an agent for complaints, applying for bail pending trial, acting as a legal adviser, handling witnesses, acting as an agent for books, reviewing various legal documents, answering legal advice, and providing other non-litigation legal affairs. , charged by the law firm in consultation with the client.
Second, what are the ways to solve the rental dispute?
1. First of all, consider resolving the rental dispute through negotiation.
When there is a rental dispute, we should first consider resolving the dispute through consultation. The so-called business is not about benevolence and righteousness. In the event of a dispute, both parties to the lease should put themselves in other's shoes and not expand the dispute.
2. If negotiation fails, you can ask relevant organizations for mediation.
When there is a rental dispute, the two sides can't negotiate calmly and need to seek outside assistance. Legal service workers of residents' committees, villagers' committees, people's mediation committees or grass-roots judicial administrative organs can all assist in mediation.
3. Apply for arbitration to solve the house lease dispute.
Arbitration is a legal way for citizens, legal persons or other organizations to apply to the Arbitration Commission for settlement of contract disputes or other property rights disputes. However, if the parties settle their disputes by arbitration, it shall be voluntary, and an arbitration agreement shall be agreed in the contract in advance or reached afterwards. If there is no agreement in the contract in advance and the parties fail to reach an arbitration agreement afterwards, if one party applies for arbitration, the Arbitration Commission will not accept it. On the other hand, if both parties have agreed in advance in the contract or reached an arbitration agreement afterwards, one party brings a lawsuit to the court, and the court will not accept it. Arbitration has the effect of a judicial act. Once the judgment takes effect, the parties may not bring a lawsuit to the people's court for the same dispute.
4, through civil litigation to solve the rental dispute.
If the parties agree in the house lease contract to settle the dispute by litigation or fail to reach an arbitration agreement after the dispute occurs, they may directly bring a civil lawsuit to the people's court. If the parties to the lease violate the relevant provisions and the lease contract is invalid, they shall bear civil liability according to law. If the lease contract is terminated due to one party's failure to fulfill the obligations stipulated by relevant laws, the party that fails to fulfill the agreed obligations shall bear civil liability according to law; If property losses or personal injuries are caused to the other party or a third party, it shall be liable for compensation according to law.
Three, rental disputes are divided into several categories?
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 compensation for 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. Judging from the judicial practice, how to compensate the lessee for house decoration after the end of the lease relationship is controversial at present. In this regard, there is no explicit provision in laws and regulations. At present, only the Shanghai Higher People's Court has judicial guidance on this. The general content is that if the landlord agrees to the tenant's decoration, for whatever reason, the landlord should compensate the tenant for the residual value after the evaluation of the decoration cost to reflect the principle of fairness; But if there is an agreement in the contract, it shall be handled according to the agreement. Bian Xiao believes that this provision may not reflect the principle of fairness, because if the contract is terminated in advance because the tenant is in arrears with the rent, and the landlord does not need the renovation done by the tenant, it is unfair to ask the landlord to compensate the tenant for the residual value of the renovation (the residual value may be 80% or 90%), otherwise it will not protect the defaulting party, but also damage the interests of the observant party.
(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.
To sum up, we can know that the lawyer's fees for renting disputes shall be borne by ourselves, unless otherwise agreed in the contract. The lawyer's fee is calculated according to the amount of the bid and the complexity of the case. Want to know more about the legal knowledge of who pays the lawyer's fee for renting disputes, welcome to visit.