1. Where can I complain if the landlord doesn't return the rent?
China has set up people's mediation committees in grassroots mass organizations, villagers' committees and residents' committees to mediate civil disputes. Secondly, it can also be settled through arbitration.
The landlord's failure to return the rent belongs to a house lease dispute. First of all, you can seek mediation: mediation refers to a method and activity in which the parties to the lease reach a settlement through voluntary negotiation under the auspices of a third party. China has set up people's mediation committees in grassroots mass organizations, villagers' committees and residents' committees to mediate civil disputes. Secondly, we can also solve it through arbitration. Arbitration is a quasi-judicial activity.
The Arbitration Law stipulates that contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects may be arbitrated. The "contract disputes and other property rights disputes" here include housing lease disputes between individual citizens. After a housing lease dispute occurs, citizens can apply to an arbitration institution for mediation, find out the facts, distinguish the responsibilities, make an arbitration award according to law, and resolve the dispute. If some lease disputes are unwilling or unwilling to mediate, and no arbitration agreement has been reached, the parties may bring a lawsuit to the people's court according to law. If necessary, you can apply to the court for enforcement.
Legal basis:
Article 2 of the Arbitration Law of People's Republic of China (PRC)
Contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects may be arbitrated.
Second, what is the whole process of the arbitration procedure?
1. Apply for arbitration.
This is the first procedure to start the arbitration procedure. The laws of different countries have different provisions in application. In China, the Arbitration Clause of China International Economic and Trade Arbitration Commission stipulates:
When applying for arbitration, a party shall submit a signed application to the Committee, including the following contents:
Names and addresses of plaintiff and defendant.
B. the arbitration agreement relied on by the complainant.
C, the complainant's request and facts and evidence.
When submitting an application for arbitration to the Arbitration Commission, the complainant shall attach the supporting documents of the facts on which his request is based, appoint an arbitrator and pay a certain amount of arbitration fees in advance. Where an agent is entrusted to handle arbitration matters or participate in arbitration, a written power of attorney shall be submitted.
2. Organizing an arbitration tribunal
According to the arbitration rules of China, the complainant and the respondent each appoint an arbitrator in the roster of arbitrators of the Arbitration Commission, and the chairman of the Arbitration Commission appoints an arbitrator as the presiding arbitrator to jointly form an arbitration tribunal to hear the case. The parties may also appoint or entrust the chairman of the Arbitration Commission to appoint an arbitrator as the sole arbitrator in the roster of arbitration commissioners, and set up an arbitration tribunal to hear the case independently.
Step 3 try the case
There are two forms for the arbitration tribunal to hear cases:
(a) no hearing, usually at the request of the parties or with the consent of both parties, by the arbitration tribunal in writing;
(2) it is a court trial. According to the arbitration rules, this kind of trial is held in secret. If the parties request a public hearing, the arbitration tribunal will make a decision.
Step 4 make a ruling
The award is the last link in the arbitration procedure. After the ruling is made, the procedure of hearing the case will be terminated, so this ruling is called final ruling.
According to China's arbitration rules, in addition to the final award, the arbitration tribunal may make an intermediate award or a partial award on any issue in the arbitration process if it deems it necessary or accepts the proposal of the parties.
Intermediate adjudication refers to the temporary adjudication of disputes that have been clearly tried in order to facilitate the further trial of the case; A partial award refers to a partial final award made by the arbitral tribunal after hearing some issues in the whole dispute. This ruling is an integral part of the final ruling. The arbitration award must be made in writing within 45 days from the date of the end of the trial. In addition to the settlement reached through mediation, the arbitral award shall also state the reasons on which the award is based, specify the date and place of the award, and the signature of the arbitrator.
The parties shall automatically perform the arbitral award within the time specified in the arbitral award. If the time limit is not specified in the award, it shall be performed immediately. If one party fails to perform, the other party may apply to the China court for enforcement according to the provisions of China law, or handle it according to the provisions of relevant international conventions or other international treaties concluded or acceded to by China.
Whether the rent has not expired should be returned. This needs to be judged according to the original contract. If the contract stipulates that the rent should be refunded, if not, the landlord can arbitrate. However, if it is stipulated that the landlord does not need to return, there is no reason to ask the landlord to return, and he can only negotiate with the landlord himself.