While estate rents the market to develop quickly, the dispute of the respect that rent also subsequently grow in quantity. The estate dispute that rent is multifarious, some are quite intractable still, with respect to this city current condition looks, basically have the following 3 sort.
(one) hire pays issue. This is estate the most common issue in renting. 3 kinds of processing techniques can appear roughly after occurrence hire pays issue, (1) the both sides that rent talks things over consistent, or lodger is seasonable and paid hire, or landlord agrees with delay to pay, do not involve the other side of the contract that rent. (2) before comparing one kind of circumstance further, solving how to pay default hire while, the both sides that rent returns the problem of responsibility of breach of contract that produces from this, solve along with all the others below the premise that distinguishs responsibility, continue to fulfil the contract that rent. (3) remove the contract that rent. This basically is to rent both sides to lose the base that continues to fulfil a contract, or talk things over by both sides remove contract, or sue by one party end the relationship that rent thereby.
(2) damages dispute. The damages dispute in the estate concern that rent concerns with other law medium damages is same, basically cause by tort behavior, have a house commonly attaint compensation, person or property damages, encroach a building to share a person compensation of legitimate rights and interests. From judicatory practice looks, at present quite open to question is the relation that rent after the end, lodger is decorated to what building place makes how to compensate for. To this, legal laws and regulations does not have proclaimed in writing to set, shanghai is only at present advanced people court interior has adjudgement guidance opinion to this, roughly content is, always landlord agrees with lodger to decorate, whatever reason removes ahead of schedule contract, the decorates cost incomplete after landlord should be evaluated to lodger compensation classics is worth a part, reflect fair principle with this; But if the contract is right,this has an agreement, press conventional processing. The author thinks, this one regulation will surely not reflect fair principle, because if because lodger defaults hire,be,cause what the contract removes ahead of schedule, and landlord does not need lodger to be made to building place again those are decorated, so want what landlord compensates for lodger to decorate incomplete to be worth (this damage value may be 80 ％ or 90 ％ ) somewhat unjust, be not otherwise protected contract beak a contract square and damaged observe contract pact square interest.
(3) the dispute of other side. Estate is rented outside penalty due to breach of contract and damages issue are being related before dividing, issue of the lien issue that during still such as estate is rented, sells, relet dispute, modificatory building utility and the contract that rent causes tenant to cannot defy without registering the dispute of the 3rd person. Avoid estate to rent dispute, the key depends on holding to rent every link in the relation. The case that concerns this respect in great quantities makes clear, invite professional lawyer to participate in estate to rent negotiation, contract to sign, avoiding loss respect to be able to have the effect of get twice the result with half the effort.
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