The court leased dispute court court was judged like this
Author:Sichuan rule of law Time:2022.08.30
In life, there are often contradictions caused by leased houses. So how should you safeguard your legitimate rights and interests after disputes?
Reminded the rent without response to forcibly drive away disputes
In September 2018, Renmou commissioned an intermediary to find a suitable office venue. Under the introduction of the intermediary, he finally signed a house lease contract with Zhao, Dachuan District, Dazhou City. The two parties agreed that the lease period from October 1, 2018 to September 30, 2021. During the lease period, Renmou should pay the defendant on the next year before September 1st. The contract can be lifted and claimed to liquidated damages.
In early September 2021, Renmou could not be opened because of funds, and delayed Zhao's rent for the next year for 4 days. As a result, Zhao sent Renmou to send a text message to pay the lease fee. Due to the failure to receive the reply, Zhao was convenient for September 5 to take people to force the staff in the work room to be driven away from the staff to prevent the staff from entering, and posted the rental information on the house.
Ren Mou believes that although he pays the rent after the time limit, he has not reached 15 days of the contract agreed, so he did not breach the contract. However, Zhao believed that Renmou had not paid rent within the time limit and did not reply to his cash information. Both sides have their own opinions and cannot reach consensus. Renmou then sued the court and requested to determine that the housing lease contract signed by the two parties was terminated; Essence
Legal weapon protection of rights and interests of fair trial disputes
The court held that the plaintiff's overdue payment rents constituted a breach of contract, but it had not reached more than 15 days, and the date of the contract was September 30, 2021. right. The defendant Zhao and others forced the plaintiff's staff to drive the leased venue and reject the plaintiff's staff on September 5, 2021, and posted the rental information on the house involved, which caused the plaintiff to continue to use the house. And obviously improper, violating the agreement between the two parties, has constituted a breach of contract. At the same time, the plaintiff did not pay the rent within the time limit, and there was also a breach of contract. After trial, the court comprehensively considered the case and the degree of fault of the two parties, and the defendant Zhao returned to the plaintiff's Renmou Ren Ren certain lease period in accordance with the law.
Judge remind
The contract established in accordance with the law has legal restrictions on the parties, and the parties shall fulfill their contract obligations in accordance with the contract. When there is a dispute with others, legal weapons should be used to protect their rights to avoid extreme behaviors.
Wu Tong Sichuan Rule of Law Daily-Rule of Law Sichuan News Client Reporter Tan Bielin
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