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Article author:Yingting Lawyers Group | Update time:2023-07-10 | Reading times:320
In real life, many landlords and tenants have disputes due to temporary withdrawal or subletting. So which department should we consult for legal consultation on rental contract disputes? Many people are not very clear about this issue. The editor of Beijing Yingting Law Firm will give you an introduction below. Let’s take a look.
Yingting Law Firm has rich practical experience in administrative litigation. It uses solid legal knowledge and theoretical literacy to study a series of legal disputes in administrative litigation. It has accumulated rich experience in handling cases in all aspects and treats every party concerned with care.
Which department should I consult for legal consultation on rental contract disputes?
1. If there is a dispute over rental housing, it is recommended to seek resolution from the residential and village committees.
2. If the dispute over the lease contract cannot be resolved through negotiation, you can consult with the neighborhood committee, village committee, police station or housing management office for mediation.
3. If a house rental dispute cannot be resolved through negotiation or mediation, you may apply to the arbitration committee for arbitration.
4. If it is agreed to resolve the lawsuit or an arbitration agreement has not been reached, the parties can sue in the People's Court. Generally, if the parties involved in house leasing have disputes over the rental house, they can resolve it through negotiation. If the negotiation fails to resolve the rental dispute by seeking the presence of a disinterested person as a witness, they can request mediation for the rental dispute. If the negotiation fails, they can request mediation from the residents' autonomous organization or neighborhood committee, or they can find relevant personnel of the housing management office to resolve the dispute.
If the final lease dispute cannot be negotiated, a civil lawsuit or application for arbitration to resolve the lease dispute cannot be reached, the legal basis for settlement shall be in accordance with the civil lawsuit or arbitration application stipulated in the house lease contract: Article 28 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" stipulates: Real estate disputes specified in Paragraph 1 of Article 33 of the Civil Procedure Law refer to property rights disputes arising from the confirmation of rights, division, and adjacent relationships of real estate.
According to the provisions of the "Contract Law of the People's Republic of China", contract disputes are civil disputes, and the resolution methods generally include:
1. Reconciliation between the parties;
2. Find an intermediary agency for mediation;
3. Submit arbitration to an arbitration institution;
4. File a lawsuit with the people's court with jurisdiction. According to the relevant provisions of the "Procedural Law of the People's Republic of China", attention should be paid to the following issues:
1. You can only choose between arbitration and litigation;
2. If both parties to the arbitration agreement present the arbitration agreement at the first hearing of the People's Court, they can only arbitrate; if they do not produce the arbitration agreement at the first hearing of the People's Court, the arbitration will be deemed to have been abandoned automatically. If you want to know more about this, you can consult with Yingting contract dispute lawyers for one-on-one online consultation.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.
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