Civil pleading

    The respondent Zhang Li, female,1980Years8Month8Health, Han, live in * * * *.

    By the respondent Shi Yan, female,1979Years9Month8Born in, Han, live in * * * *.

    The respondent received (2012The sea issued Spain in the early Republican word)147*No. notice and a copy of the indictment, we hereby put forward the following reply, for reference by the court.

    The respondent requests:

    1, ask the respondent shall dismiss the claim.

    2, the case costs borne by the respondent.

    The facts and reasons:

One, the respondent and the respondent housing rental contracts signed situation

1,2012Years6Month20Day, the voluntary housing rental contracts signed, the lease contract as follows5ArticleA contract.

2,By the respondent rental area92Square two rooms Erting*Hai Da Dao Tai Building1-1606Chamber, the lease period from2012Years6Month20Date to2013Years6Month19Date.

3,The monthly rent is RMB1600Yuan, payment for the season to pay, that is the first quarter of payment4800Yuan, after each payment in advance15Paid quarterly rent.

4,The date of the contract, the delivery of the deposit by the respondent3000Yuan, after the expiration of the contract of housing and indoor furniture appliances without damage and pay all costs and schedule out of no dispute, the respondent will deposit without interest shall be the respondent.

5,By the respondent is under any of the following circumstances, the respondent has the right not to return the deposit, withdraw housing: two, all activities such as the illegal use of housing, damage the public interests; three, the arrears of rent, not to pay the rent contract.

6,Both parties confirm have clear content and meanings of the terms of the contract, and accept the terms of the contract constraint.

7From the above terms, as can be seen, the contract is the true meaning of mandatory provisions, no violation of laws and regulations, is a legitimate and effective contract."Contract law of the people's Republic of China" eighth paragraph second:"The contract established according to law, shall be protected by law."

    Two, by the respondent of breach of contract and law

8, was the respondent terminates the lease contract belongs to illegal behavior and breach of contract. TheTermination of the lease contract for2013Years6Month19Day, andBy the respondent2012Years8Month25On the termination of the lease contract, in violation of the "contract law of the people's Republic of the first paragraph of" eighth"A lawfully formed contract is legally binding on the parties. The parties shall perform their obligations stipulated in the provisions, shall not unilaterally modify or rescind the contract. ".

9By the respondent, the lifting of the lease contract in violation of the principle of honesty and credit.This is the respondent to terminate the lease contract is the reason,Mother is hospitalized, need a home treatment, must go back immediately, and the "capital operation" do not go down, the house also can not afford the rent. However, by the respondent and his husband and1Years old children nowAll come back, but to rent in Tonggu village house, by proving that the respondent in violation of the "contract law of the people's Republic of China"The sixth article about "the parties to exercise the rights, obligations should follow the principle of honesty and credit" provisions.

10,By the respondent fabricated lies to deceive the court. Or2012Years8Month25Day, the respondent requested by the respondent to sublet the premises, and take the initiative to make the original lease contract, the housing keys, bank account to the respondent, the respondent did promise "as long as the house can be leased out, the deposit can be refunded", but was the respondent has deceived the court, Hu said the respondent population head commitment both to sublet "and not a few days to refund the deposit", also that the respondent to take the initiative to "reclaim" key and bank accounts, the lease contract, these are all out of thin air. The lease contract is the respondent to sue in9Month20Active recovery. The respondent shall return the deposit premise is: housing leased out, now housing after efforts failed to leased out, nature should not be cash deposit refund commitment.

11By the respondent, deposit refund request does not comply with the contract agreed by the parties. According to the lease contract, return the deposit must also have the conditions, one is"After the expiration of the contract "; the two is the" housing and indoor furniture appliances damaged "; three is" pay all expenses "; four is" to move out of no dispute". These conditions are not met, the contract is performed within the deadline, the respondent did not return the deposit obligations.

 12The respondent, non refundable deposit and withdraw housing in accordance with the contract agreed by the parties. The two sides agreed in the contract:By the respondent is under any of the following circumstances, the respondent has the right not to return the deposit, withdraw housing: two, all activities such as the illegal use of housing, damage the public interests; three, the arrears of rent, not to pay the rent contract. By the respondent to lease the housing purpose is the so-called "capital operation", the respondent has recently been consulting to know, by the respondent is actually engage in pyramid schemes, which belongs to the application of the housing is to carry out illegal activities, damage the public interests, the respondent should not return the deposit, withdraw housing. Contract also agreed: "after each payment in advance15Days paid quarterly rent ", under the respondent shall be executed2012Years9Month5Before the second quarter of the rent payment4800Yuan, was the respondent has not paid, in violation of the contract agreed by the parties, the respondent is non refundable deposit, recover housing, is in accordance with the contract agreed by the parties.

 13, The respondent shall be prosecuted for reservation contract shall gain loss of rights. "Contract law of the people's Republic of China" the 108th stipulation: "a party expressly or by their actions that they do not perform its obligations under a contract, the other party may before the time of performance demand it to bear the liability for breach of contract." Rule 113rd: "if a party fails to perform the contract or its performance of the contractual obligations is not in conformity with the contract, thereby causing loss to the other party, the amount of compensation for losses shall be equal to the losses caused by the breach of contract, including contract can gain, but shall not exceed the party in breach the contract was foreseen or breach of contract may cause the loss should have been foreseen by the." Due to the respondent to the termination of the lease contract, shall be liable for breach liability according to law. Due to the respondent to pay second quarter rent not to reply, made the future of this9Month14400Yuan loss of rent, the respondent shall be prosecuted for reservation contract shall gain loss of rights.

 In order toSafeguard the legitimate rights and interests of the respondent, request the people's court shall make a judgment, the respondent the respondent requested support.

    Yours sincerely

*Sea city Haicheng District People's court

    Appendix: list of evidence

                         Like a man:

                         2012Years10Month14Day

                    *Haicheng Sea cityThe people's court evidence material receipt

(how to Guizhou netizen consulting deal with this case, concurrent to lease contract, the plaintiff indictment copy and evidence, the request for its response to the case come to the net friend, I drafted the "civil pleading". My mobile phone 18321864965).