دعوی تخلیه به لحاظ تعدی و تفریط مستأجر

تعدی حسب قانون مدنی به معنای تجاوز نمودن از حدود اذن و یا متعارف است و تفریط یعنی؛ ترك عملی كه به موجب قرارداد یا متعارف برای حفظ مال غیر ، لازم است . بنابراین اگر مستأجر نسبت به مورد اجاره تعدی و تفریط نماید ، موجر می تواند از دادگاه تقاضای تخلیه محل به لحاظ تعدی و تفریط نماید . البته بار اثبات تعدی و تفریط با معاینه محل و یا تأمین دلیل و جلب نظر كارشناس با موجر است . اگر اینگونه اقدامات مثبت تعدی و تفریط مستأجر باشند ، دادگاه حكم به تخلیه مورد اجاره خواهد داد. مستند طرح دعوی تخلیه به علت تعدی و تفریط بند هشتم از ماده 14 قانون روابط موجر و مستأجر مصوب 1356 است

منبع : melkban24.ir

مطالب مرتبط

  • 76
    برای توضیح این بحث که صد البته بسیار گسترده هم می باشد، ابتدا با پرسش یک مشاور که به تازگی فعالیت خود را در این صنف آغاز کرده شروع می کنیم. پرسش : به مدت دو ماه است در صنف مشاورین املاک فعال هستم ولی درآمدی ندارم. برای رسیدن به…
  • 71
    براي خريد يا انتخاب يك واحد مسكوني يا آپارتمان خوب، چه ويژگي هايي را درنظر مي گيريد؟ حداقل پنج گام براي اين انتخاب مهم اساسي است: اهميت سبک زندگی، مساحت فضاهاي موردنياز، نسبت مشاعات ساختمان به مساحت كل آپارتمان، كيفيت ساختمان و كيفيت اجزاي آن. این مطلب صرفا برای خریداران…
  • 71
    براي خريد يا انتخاب يك واحد مسكوني يا آپارتمان خوب، چه ويژگي هايي را درنظر مي گيريد؟ حداقل پنج گام براي اين انتخاب، اساسي است: اهميت سبک زندگی، مساحت فضاهاي موردنياز، نسبت مشاعات ساختمان به مساحت كل آپارتمان، كيفيت ساختمان و كيفيت اجزاي آن. این مطلب صرفا برای خریداران آپارتمان…
  • 65
    براي مقابله با زلزله چگونه بسازيم: زلزله در كشورهاي پيشرفته خصوصا درزمينه ساختمان كه درگيري نزديكي هم با زلزله دارند ، همچون ژاپن و آمريكا تقريبا مهار شده است ، آنان توانسته اند با بهينه سازي ساختمانهايشان و رعايت اصول ايمني در ساخت و نظارت بر اجرا به نقطه اي…
  • 65
    در خدمت شما هستیم با قانون تملک آپارتمان ماده ۱ - مالکیت در آپارتمان های مختلف و محل های پیشه و سکنای یک ساختمان شامل دو قسمت است مالکیت قسمت های اختصاصی و مالکیت قسمتهای مشترک ماده ۲ - قسمتهای مشترک مذکور در این قانون عبارت از قسمتهایی از ساختمان…

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