Successful case | The lease contract is legal and valid, what should the tenant do if he refuses to pay the rent? Case DetailsThe tripartite case handling ideas Handle the case through the case results

<h1 class="pgc-h-arrow-right" data-track="3" > case details</h1>

On August 1, 2014, Mr. Jin and Mr. Chen signed the Rental Agreement, stipulating that Mr. Chen would lease to Mr. Jin a house with an area of about 160 square meters located in Fengxian District, Shanghai, for a total tenor of five years, from August 10, 2014 to August 10, 2019.

Among them, the contract stipulates that the rent will be paid in stages, of which the annual rent of the house from August 2014 to August 2016 is 50,000 yuan, and the annual rent from August 2016 to August 2019 is 50,000 yuan. The rent payment method is annual, and the principle of paying the rent first and then using it is adopted, and the annual rent is paid in one lump sum before August 10 of the current year, and the next rent needs to be paid within 10 days in advance; During the lease period, Mr. Chen should pay the rent on time, otherwise for each overdue day, he should pay a penalty of 3% per day.

However, on April 5, 2018, Mr. Chen moved out of the leased house and cleared the scene. After consultation between the two parties, Mr. Chen issued an IOU on May 6, 2018, confirming that the rent owed to Mr. Chen for the period from July 5, 2017 to April 5, 2018 was 30,000 luks, and promised to repay 10,000 lu yuan at the end of 2018, and the remaining amount was repaid at the end of October 2019, and noted: But after the fact, the money Chen xxx has not been paid. The landlord, Mr. Jin, entrusted a tripartite lawyer to handle the case.

<h1 class="pgc-h-arrow-right" data-track="20" > tripartite case handling ideas</h1>

The landlord Jin Moumou is our client. According to the "Rental Agreement" and "IOU" provided by Mr. Jin, the evidentiary materials are the true expression of intention between Mr. Jin and Mr. Chen, and are legal and valid.

Moreover, Mr. Chen repeatedly breached the contract and was unwilling to pay the rent, which seriously infringed on the legitimate interests of Mr. Jin. Therefore, Mr. Jin has the right to require Mr. Chen to pay the rent and liquidated damages in arrears in accordance with the provisions of Articles 107, 114 and 220 of the Contract Law of the People's Republic of China.

<h1 class="pgc-h-arrow-right" data-track="21" > case handling</h1>

First, actively communicate with customers to understand the case.

2. Collect rental agreements, IOUs, bank statements, and video recordings.

3. Write litigation materials such as complaints and evidence catalogs.

<h1 class="pgc-h-arrow-right" data-track="22" > case outcome</h1>

In the end, the court held that the housing lease contract between Mr. Jin and Mr. Chen was legal and valid, and after the two parties agreed to terminate the contract, Mr. Chen failed to pay the rent still owed to Mr. Jin as agreed, and should bear the corresponding civil liability, so it supported Mr. Jin's litigation request that Mr. Chen pay rent and liquidated damages for late payment. Mr. Jin appropriately reduced the liquidated damages on the basis of the agreed liquidated damages, which was in accordance with the provisions of the law, and the court confirmed it. In the end, the court upheld all of Jin's claims in accordance with the law.

Organizer: Xiong Yi

Editor: Shen Longjun