If you want to return to your hometown to run a homestay, after choosing your favorite address and signing a contract successfully, but the landlord has repeatedly defaulted, where should the parties go? On October 19, the Tengchong Court successfully mediated a housing lease contract dispute case, properly resolved the dispute between the parties, and helped rural revitalization with practical actions.
It is reported that on December 15, 2021, the plaintiff Liu and the defendants Zhang Moucheng and Zhang Moucai signed the "Rural Homestead Lease Contract", in which the defendant leased his homestead and house in a villager group in Jietou Town to the plaintiff for the construction of a homestay, and the plaintiff immediately paid 90,000 yuan in rent, but the defendant failed to deliver the house, and then the plaintiff found the defendant to negotiate without success, so he sued the Tengchong Court to protect his legitimate rights and interests.
During the investigation and trial, adhering to the concept of "giving priority to mediation and promoting reconciliation through mediation", the presiding judge actively communicated with both parties to understand their actual wishes, and with the consent of both parties, our court specially invited a mediator to conduct pre-litigation mediation on the case. During the mediation, the specially invited mediator clarified the laws and regulations from a legal point of view, explained the law for both parties, answered questions, and finally shook hands and made peace before the trial, and reached a mediation agreement: the "Rural Homestead Lease Contract" signed by both parties was terminated, and the defendant returned the rent of 90,000 yuan to the plaintiff, and compensated the plaintiff for various losses of a total of 20,000 yuan, which was limited to paying before November 30, 2022, and the contradiction and dispute could be resolved on the spot.
In recent years, with the continuous advancement of the rural revitalization strategy, rural development has changed with each passing day, and the lives of villagers have improved significantly. However, in the process of rural development, how to vigorously carry forward the rule of law and contract spirit of strictly acting in accordance with the law and strictly abiding by contract credit, protecting the legitimate rights and interests of all kinds of rural investment entities in accordance with the law, better promoting the construction of rural rule of law, and consolidating the foundation of rural development are also important issues that need to be considered. In the next step, the Tengchong Court will continue to play its functional role, effectively protect the legitimate interests of all kinds of subjects, do more practical things for the masses, properly handle conflicts and disputes in accordance with the law, and provide strong judicial guarantees and the best quality judicial services for the implementation of rural revitalization.
Contributed by: U Thantane
Editor: U Thant
Reviewed: Li Weiqiang
Approval: Xu Junyi