If the rent is owed beyond the time stipulated in the contract, the landlord can take back the rented house. From this perspective, it is legal for the landlord to lock the door. But if the rent is paid, then the landlord has committed infringement and can report it to the relevant departments.

Legal Analysis

After signing a house lease contract, the landlord should provide the tenant with the right to use the house, and the tenant should pay the rent on time. A tenant's late payment of rent constitutes a breach of contract. The landlord can demand payment from the tenant, and if the tenant still does not pay the rent, the landlord has the right to terminate the contract. It is best for the landlord not to engage in physical conflict with the tenant until the contract is terminated. Since there is a lease contract between the landlord and the tenant, disputes arising out of the lease contract are within the scope of civil cases and should be under the jurisdiction of the court, and the police station has no jurisdiction. If a conflict occurs between a landlord and a tenant and an injury occurs, the landlord will be subject to administrative penalties for violating the Public Security Penalty Law. If the other party is seriously injured (minor injury or more), the landlord will bear criminal liability. The gain outweighs the loss. In short, if the tenant pays rent, the landlord can exercise the discharge. If the tenant refuses to return the house after the contract is terminated, the landlord can take the house back by filing a lawsuit in court. The two parties signing a house rental contract have to strictly implement the agreement. The payment of rent also needs to be stipulated in the contract. If there is no agreement, you can negotiate to supplement the agreement. In addition, the other party's withdrawal of the rent is a breach of contract, and you can ask the other party to bear liquidated damages and actual loss compensation. If negotiation with the other party fails, you can go to Prosecution in court.

Legal Basis

"People's Republic of China and Civil Code"

Article 447 If a debtor fails to pay its due debts, the creditor may lien The debtor has legal possession of the movable property and has the right to receive priority payment for the movable property. The creditor specified in the preceding paragraph is the lien holder, and the movable property in possession is the lien property.

Article 120: If civil rights and interests are infringed upon, the infringed party has the right to request the infringer to bear infringement liability.

Article 490: If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign, seal or fingerprint. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it. Laws and administrative regulations stipulate or the parties agree that a contract should be concluded in written form. If the parties do not use written form but one party has performed its main obligations and the other party accepts it, the contract is established.