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What to do if the tenant doesn’t move?

2025-11-11 09:25:27 Real Estate

What to do if the tenant refuses to move: full analysis of legal approaches and solutions

In recent years, rental disputes have occurred frequently, especially when tenants refuse to move out, which has troubled landlords. This article will combine the hot topics and laws and regulations on the Internet in the past 10 days to provide structured solutions for landlords.

1. Hot data statistics

What to do if the tenant doesn’t move?

Popular platformsAmount of discussion on related topicscore points of dispute
Weibo128,000 itemsDeposit deduction standards
Zhihu5600+answersDifficulty of legal enforcement
Douyin320 million playsViolent eviction cases
Court official website1800 judgmentsaverage processing cycle

2. Detailed explanation of the processing process

1.Negotiation and communication stage: It is recommended to send 3 formal notifications in writing and keep WeChat/SMS records as evidence.

2.Legal proceedings begin: If the negotiation fails, follow the steps below:

stepsTime nodeThings to note
Send a lawyer's letter1-3 working daysNotarized delivery required
File a lawsuitDay 15-30Prepare original rental contract
Apply for enforcementAfter the judgment takes effectNeed to provide clues about the property of the person subject to execution

3. Key legal basis

According to Article 734 of the Civil Code: upon expiration of the lease period, the lessee shall return the leased property. The returned leased property shall be in the condition after use according to the agreement or according to its nature.

4. Comparison of processing efficiency in various regions

cityaverage processing cycleExecution success rate
Beijing83 days72%
Shanghai76 days68%
Guangzhou91 days65%
Shenzhen67 days75%

5. Risk prevention suggestions

1.Optimization of contract terms: It is recommended to add the clause "late move-out will be charged double rent per day".

2.Evidence preservation: Take a video when the house is handed over and record the water and electricity meter readings.

3.alternative: Consider paying moving compensation (it is recommended not to exceed 50% of the monthly rent).

6. Expert advice

Data from the Rental Law Research Center of China University of Political Science and Law show that 82% of forced eviction cases are difficult to enforce due to insufficient evidence. It is recommended that landlords make the following preparations when signing a contract:

Necessary materialsSave methodlegal effect
Copy of ID cardColor scanSubject confirmation
Property certificateKeep originalsProof of ownership
property delivery noteSigned by both partiesstatus confirmation

Through systematic legal means and a complete chain of evidence, landlords can effectively safeguard their rights and interests. It is recommended to stay calm when encountering a refusal to move out and strictly follow legal procedures to avoid secondary disputes.

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