Houses are different from other leaseholds. After the lease expires, the lessor must have a certain time to make arrangements, whether for personal use or for lease to other lessees. Therefore, the lessee should decide in advance whether to continue to use it and propose it to the lessor so that the lessor can arrange it in time.
Another function put forward to the lessor in advance is that if the lessor can no longer rent the house to the original lessee for various reasons, the lessee can also make arrangements as early as possible to avoid falling into a passive situation.
If the lessee fails to put forward the request of continuing to rent in time, but fails to move out of the rented house in time after the lease expires, it is a breach of contract. At this time, the lessee has to pay not only the rent during the overdue period, but also the liquidated damages. If this breach of contract causes economic losses to the lessor, and this loss has exceeded the liquidated damages, it should also be compensated.
For privately rented houses, the relevant laws and regulations apply: "If the lessee really can't find a house when it expires, the lessor shall extend the lease term as appropriate."
Some lessors do not ask the lessee to take back the house after the lease expires, but continue to collect rent from the lessee. This is actually a promise to extend the lease term, and it cannot be said that the lessee has breached the contract. However, this extended lease relationship is not protected by law and is prone to disputes. Therefore, if both parties are willing to renew the contract, they should go through the lease registration formalities again and get the house lease registration certificate.
When the rent expires, the tenant will not move. Solution:
1. Tell them to move out and pay the house price within a reasonable period (such as 3 days), otherwise they will bring a lawsuit to the court.
2. If you don't move out within the notice period, you can bring a lawsuit to the court, request property preservation before the lawsuit, and the court will seal up the items stored in the house.
3. sue for repayment of the house payment, deferred payment of bank interest for the same period of the house payment, moving out of the rented house and paying overdue rent.
Extended data:
The rights of the lessor:
As a lessor, of course, we must be clear about our responsibilities and rights, be responsible for the lessee and be responsible for our own house.
1、? The lessor has the right to collect rent from the lessee, but it must comply with the provisions of the lease contract and issue invoices and receipts to the lessee;
2、? The lessor has the right to collect the deposit not exceeding 3 months as stipulated in the contract;
3、? If the lease term expires and the lease contract is not re-signed, the lessor has the right to take back the house according to the contract term. If the lessee refuses to move out, the lessor may request the real estate department to order him to move out or bring a lawsuit to the people's court;
4、? If the lessee uses the house for illegal activities, changes the structure of the house or the agreed purpose without authorization, transfers, sublets or exchanges the house without authorization, and is in arrears for more than 6 months or for more than 3 consecutive months, the lessor has the right to terminate the contract and recover the rented house.
References:
China People's Congress Network-People's Republic of China (PRC) Contract Law