Landlord Wins Small Claims Rental Dispute for Unpaid Rent of 1,851.40 Yuan

Landlord Wins Small Claims Rental Dispute for Unpaid Rent of 1,851.40 Yuan

Case Overview

A landlord in Eastern China successfully obtained a court judgment against a tenant who failed to pay rent under a residential lease agreement. The tenant had signed a lease, occupied the property, and later issued a written promise to pay the overdue amount of 1,851.40 yuan but failed to honor that commitment. The court ruled in favor of the landlord, ordering the tenant to pay the full arrears plus legal costs.

Case Background and Facts

In April 2010, Mr. Liu, the property owner, entered into a written residential lease agreement with Mr. Huang, the tenant, for an apartment located in Eastern China. Under the terms of the contract, the tenant was required to pay rent by October 1, 2010. However, the tenant repeatedly delayed payment, offering various excuses. On November 25, 2010, the tenant issued a signed promissory note, formally acknowledging the debt and promising to pay the full amount of 1,851.40 yuan by November 28, 2010. Despite this written commitment, the tenant failed to make any payment by the agreed deadline.

Court Proceedings and Evidence

The landlord initiated legal proceedings on December 25, 2010, filing a civil complaint under the simplified procedure. The court assigned a single judge to hear the case. A public hearing was conducted on February 16, 2011. The landlord appeared through his legal representative, while the tenant, despite having been properly served with court documents, failed to appear without providing any valid excuse.

The landlord submitted three key pieces of evidence to support his claim: the original written lease agreement, the certificate of property ownership, and the signed promissory note from the tenant. The court reviewed these documents and found them to meet all legal requirements for admissible evidence. Since the tenant received copies of all evidence during service of process but raised no objections within the response period, the court accepted the evidence as credible.

Court Findings and Judgment

The court determined that the lease agreement was voluntarily signed by both parties and was legally valid and enforceable. Both parties were obligated to perform their duties according to the contract terms. The court found that the tenant failed to pay rent as required and also breached the written promise to pay the overdue amount by the specified date. The court held that the tenant must bear corresponding civil liability for this breach.

The court fully supported the landlords claim, finding it legally justified. The judgment ordered the tenant to pay the full amount of 1,851.40 yuan within ten days of the judgment taking effect. The court also ordered the tenant to pay double the interest on the debt for any delayed payment. The court costs of 50 yuan, reduced to 25 yuan under the simplified procedure, were also assessed against the tenant.

Key Legal Principles

The court applied Article 109 of the Contract Law of the Peoples Republic of China, which provides that if one party fails to pay rent or other monetary obligations, the other party may demand payment. The court also relied on Article 130 of the Civil Procedure Law, which permits the court to proceed with a trial when a defendant who has been properly served fails to appear without justification.

Practical Insights

This case illustrates that a written lease agreement and a signed acknowledgment of debt are powerful tools for landlords in rental disputes. The tenant’s own promissory note became the decisive evidence against him. Landlords should always require written leases and document any payment defaults in writing. The courts willingness to proceed with a trial even when the tenant does not appear shows that the legal system can efficiently resolve small claims disputes. Prompt legal action, rather than continued negotiation, may be the most effective way to recover unpaid rent.

Legal References

Contract Law of the Peoples Republic of China, Article 109
Civil Procedure Law of the Peoples Republic of China, Article 130
Civil Procedure Law of the Peoples Republic of China, Article 229 (on delayed payment interest)

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for specific legal matters.