We represent a sanatorium and Liu housing rental contracts signed, nursing homes will be rental housing to Liu is such and such use. After the expiration of the contract, Liu refused to vacate. Sue Liu our sanatorium, asked the court to order the Liu immediately move out of the house; the payment after the expiry of the contract and refused to vacate the rent loss caused to the sanatorium. The court may order the defendant according to the standard calculation amount to compensate the plaintiff loss.

Case description

The court trial think, the original defendant signed the rental contract is the true meaning of the parties, the mandatory provisions do not violate laws, administrative regulations, should be legally valid, both sides should be about its obligations. After the expiry of the lease contract, the defendant shall lease will be returned to the plaintiff, the defendant continue to occupy and use the lease item to2010Years5During the month, should pay the housing occupancy during the water, electricity, natural gas costs and compensation for the plaintiff refuses to return loss. If the defendant refuses to return the leased property, the plaintiff compensation for the loss amount according to the standard calculation, the defendant should be according to the original contract leasing fees paid to the plaintiff, i.e.(16000+20000)÷12*5=75000Element.

Suggestions and comments

Many people think that as long as the advance rent, the rent Everything will be fine. In fact, the housing lease contract, the lessee refuses to return the rental housing situation is not uncommon, especially the lessee leased housing for commercial use, for disposal, management, accretion turnover of funds and other reasons, often can not return after the expiration of the housing, a serious loss of the lessor's legitimate rights and interests. For the protection of the interests of lessors, propose the following agreed in the lease contract terms,1Two times the agreement after the expiration of the contract, refused to vacate by the two sides agreed to rent the bear the loss;2The lessor shall have the right, take suspension of water supply, power outages and other measures, the losses resulting from the lessee refuses to pay.

However, in practice, the lessor through legal channels to forced relocation Teng Fang, may face litigation costs and litigation risk payment problems.1Housing relocation disputes, litigation costs are relatively high, usually in the housing area or by the housing value charge litigation fees (not only by the arrears of rent amount);2In the litigation, litigation cycle long, long process, before the court forced relocation, the lessor are unable to return to the house.3Even if the judgement, rent, to obtain compensation, in the course of execution, often could not find the person to be enforced (the lessee) cannot be performed. The real case we encounter is, in the course of legal proceedings, can not find the lessee, trial, judgment, execution will have to take notice served on the way. So,Relative to the contract (the lessee) information of the review is to sign the contract with particular attention to the problem.