Whether forcibly vacating a house is illegal depends on the circumstances. The following situations are legal
0. During the period of the house rental contract, the lessee can use creditor's rights against property rights. The lessor who forcibly vacates the property is in breach of contract and must bear liability for breach of contract. If a conflict causes harm to the tenant during the vacancy, the tenant shall bear tort liability.
1. There is only one situation where forced vacancy is possible, and that is when the lessor does not have a place to live. This is a situation where the situation has changed.
2. After leasing, it is absolutely illegal for a lessor to sign a rental contract with a third party with a higher income and force the lessee to vacate the house.
The house was occupied, and the court won the case and applied for compulsory execution. The enforcement judge said that if the court was in the process of compulsory enforcement and the person subject to execution refused to accept the items, the court could not dispose of them. If the applicant handles the matter by himself, he will not be held responsible for any disputes caused to prevent the person being executed from losing things. If the person subject to execution fails to cooperate, he can be detained, but he can only be detained once for the same thing. There is nothing he can do if he has not yet moved to the court. Also, if you are asked to forcefully enter the court again after execution, it will no longer matter. And the person subject to execution must also be informed of this. I think that such an execution has no enforcement power, which is equivalent to telling the person subject to execution how to deal with compulsory execution. The court’s enforcement represents the state’s exercise of power. The deadline for compulsory execution has been announced. Is it right? Are you afraid of scoundrels?
According to the provisions of Chapter 22 of the "Civil Procedure Law", the common methods and means of enforcement by the people's courts of our country are as follows:
1. Inquiry, freezing and transfer application Executor's Deposit.
Inquiries refer to the activities in which the People's Court investigates and inquires about banks, credit cooperatives and other units or examines and inquires about the deposit status of the respondent.
Freezing refers to a compulsory measure taken by the People's Court against the deposits of the person being applied for execution in banks, credit cooperatives and other financial institutions when conducting litigation preservation or compulsory execution, which prohibits them from withdrawing or transferring .
When the people's court takes freezing measures, it shall not freeze the special funds specified by the state in the bank account of the person being applied for execution. However, if the person subject to execution uses these names to conceal funds to avoid performing obligations, the People's Court may freeze them.
The maximum period for freezing the deposits of the person being applied for execution is six months. If it is necessary to continue freezing, the freezing procedures should be completed with banks, credit unions, etc. before the freeze expires. Otherwise, the application will not be processed after the expiration date. Considered to be automatically unfrozen.
Transfer means that the people's court transfers the deposits of the legal person or other organization that is the person being applied for execution through banks, credit unions and other units to the person applying for execution according to the amount stipulated in the notice of assistance in enforcement by the people's court. Execution measures within the account. Deposit transfers can be made on a frozen basis, or transferred directly without freezing.
When the people's court takes measures such as inquiry, freezing, and transfer, it may directly propose it to bank offices, savings banks, and credit cooperatives without the consent of their superior authorities. Foreign people's courts can directly inquire, freeze and transfer deposits at banks and credit unions where the person subject to execution is domiciled and the property subject to execution is located, without the need for consent or transfer procedures from the local people's court. Local banks and credit unions must assist in the process and may not refuse or prevaricate for any reason such as deducting due loans or loan interest. If the person refuses to assist, the people's court may impose a fine in accordance with the provisions of the Civil Procedure Law and recommend that the supervisory authority or relevant authorities impose disciplinary sanctions.
2. Detain and withdraw the income of the person being applied for execution.
Article 222 of the "Civil Procedure Law" stipulates: "If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court has the right to withhold and withdraw the income of the person subject to execution that should perform the obligations. However, The necessary living expenses of the executioner and his dependent family members shall be retained. When the people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in execution to the unit where the person subject to execution is located, banks, credit cooperatives and other units with savings business. It must be handled. "In enforcement practice, withholding and withdrawing the income of the person subject to enforcement is an enforcement measure often used by the People's Court. Detention and withdrawal are two closely related enforcement measures. Detention is a temporary measure, which temporarily withholds the income of the person being applied for execution and keeps it in the original unit. It is not allowed to use or transfer it, so as to promote it in a limited period. Fulfill obligations within the deadline. If the performance is still not fulfilled within the time limit, the income can be withdrawn and delivered to the person applying for execution.
3. Seal, detain, auction, and sell off the property of the person subject to execution.
If the person against whom execution is applied for fails to perform his obligations according to the execution notice, the people's court has the right to seal up, detain, auction, and sell off the property of the person against whom execution is applied for that should fulfill his obligations.
Seizure is a temporary measure, which refers to an execution measure in which the people's court seals the relevant property of the person being applied for execution, seals it up on the spot, and does not allow anyone to transfer or handle it.
An auction is a public and competitive manner in which the People's Court sells the property of the person subject to execution at the highest price on the spot.
Sale-off refers to a measure to force the sale of the property of the person being applied for execution and use the proceeds to pay off the debt. If the People's Court needs to sell off the property of the person subject to execution during execution, it can hand it over to the relevant unit for sale, or the People's Court can sell it directly. If the property is sold directly by the people's court, before the sale, the opinions of the relevant price departments should be sought on the price issue, and the sale price should be reasonable.
The deposits and income detained and withdrawn by the people's court, and the money obtained from the auction and sale of the property of the person subject to execution shall be delivered to the person applying for execution in a timely manner, and the execution procedure shall be concluded.
4. Search the hidden property of the person being applied for execution.
During the execution process, it will also happen that the person being applied for execution not only fails to perform the obligations specified in the legal document overdue, but also transfers the property and refuses to explain his true property status to the people's court. In response to these situations, Paragraph 1 of Article 227 of the Civil Procedure Law stipulates: "If the person subject to execution fails to perform the obligations specified in the legal document and conceals his property, the people's court has the right to issue a search warrant to search for the person subject to execution and his residence or property. Search in a concealed manner.”
During the search, if any property that should be sealed or seized in accordance with the law is discovered, the enforcement officer shall seal or seize it in accordance with the provisions of the Civil Procedure Law. If there is no time to make a sealing or detaining ruling, the sealing or detaining ruling can be made first, and then a replacement can be made within 48 hours.
5. Force the person subject to execution to deliver the property or documents specified in the legal document.
If the people's court's judgment, ruling, mediation document and other legal documents that should be executed by the court designate one party to deliver property or tickets, the execution personnel should do a good job in the ideological work of the person being applied for execution. , summon both parties to appear in court or at a designated place, and the property or tickets delivered by the person subject to execution of the legal document shall be directly delivered to the person applying for execution for signature. If the person subject to execution is unwilling to deliver the goods in person, he can also hand over the property or bills payable to the execution personnel first, and the execution personnel will hand them over. If an individual citizen other than the party concerned holds the property or bills, the people's court shall notify him or her to hand it over. If the person still refuses to hand it over after education, the people's court may enforce the law and impose a fine in accordance with Article 103 of the Civil Procedure Law. It may also recommend to the supervisory authority or relevant unit that disciplinary sanctions be imposed. If the relevant unit holds the property or ticket, the people's court shall issue a notice of assistance in enforcement to the unit, which shall be forwarded by the relevant unit. If the relevant units or individuals hold property or tickets specified in the legal document for delivery and are damaged or lost due to their fault, the people's court may order the holder to compensate. If compensation is refused, the people's court may rule on enforcement based on the actual value of the property subject to enforcement or the actual value of the instrument.
6. Force the person subject to execution to move out of the house or withdraw from the land.
Forced eviction of a house or withdrawal of land refers to the enforcement agency of the people's court forcing the removal of the property of the person subject to execution in the house or on specific land, vacating the house or land, and handing it over to the person applying for execution. implementation measures.
7. Enforcement of behaviors specified in legal documents.
This is a special coercive measure, in which the execution personnel of the people's court force the person subject to execution to complete the specified behavior in accordance with the provisions of the legal document.
8. Mandatory double payment of debt interest and payment of delayed performance fees during the period of delayed performance.
Double payment of debt interest during the period of delayed performance means that the obligation of the person being applied for execution is to deliver money. While forcing him to perform his obligation and pay money in accordance with the law, the interest on the debt during the period of delayed performance of his obligation must be paid in the original amount. Interest on existing debts is doubled and is calculated based on the bank's highest loan interest rate for the same period, calculated from the day after the expiration of the designated delivery date of judgments, rulings and other legal documents until the date of performance of the obligation. Another situation is when the person being applied for execution fails to perform the non-monetary payment obligation within the period specified in the judgment, ruling and other legal documents. Because the delay in performance has caused losses to the person applying for execution, a delay performance fee should be paid.
The amount of delayed performance damages may be determined separately by the people's court based on the specific circumstances of the case.
When the people's court issues an execution notice in accordance with Article 220 of the Civil Procedure Law, in addition to ordering the person subject to execution to perform the obligations specified in the legal document, it shall also notify the person to pay interest on the debt during the period of delayed performance or delay the performance. gold. Among these two measures, there are both compensation for losses to the person applying for execution and sanctions against the person subject to execution.
9. Mandatory procedures for transferring relevant property rights certificates. < /p>
"Relevant property rights certificates" refer to property rights certificates for real estate or specific movable property such as real estate certificates, land certificates, forest ownership certificates, patent and trademark certificates, vehicle licenses, etc. During the execution process, some properties change their rights holders after execution. Only when the transfer procedures of the property rights certificate are completed can the execution task be completely completed. When the execution personnel of the People's Court handle these license transfer procedures, they need to issue a notice of assistance in execution to the relevant units, specify the specific requirements, and notify the relevant units to assist in the processing. The relevant units have the obligation to assist