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There are two types of rent increases: the first is during the contract period. Under normal circumstances, during a contract period, the rent is agreed, for example, it is agreed that the rent for one year is 100,000 yuan and paid in half a year, but after half a year, the landlord says that the rent will be raised, which is unreasonable, and the rights and interests of the tenant are protected by law.
In this case, the landlord's actions constitute a breach of contract. It must be a stern refusal of the landlord's request, and if it hinders you from doing business, you can apply for turnover compensation. According to Article 128 of the Contract Law, the parties may resolve contract disputes through conciliation or mediation.
If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court.
The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it. The second situation is that at the end of the contract, the landlord asks for a rent increase, because the increase is too big and you don't want to, what should you do? I'm sorry to tell you that the landlord really has the right to increase the rent, and his rights are also protected by law, because he is the owner of the property, and it is his own business that he can't rent out the **.
Legal basis: Article 128 of the Contract Law of the People's Republic of China provides that the parties may resolve contract disputes through conciliation or mediation. If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement.
The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court. The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it.
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Rely on it and don't leave. Why is he so outrageous! If he says to follow the law, he will follow the law, I don't believe that he is still legal in the court.
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Therefore, if you look for a shop in the future, you will sign a contract for a longer period. It's good for yourself.
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There's no way, that's because you have no way to operate, and the landlord generally doesn't allow the transfer, can you earn the house you transferred with such a high transfer fee within a year? Of course, the annual rent is going to rise, because the price is in **, it is recommended to discuss with the landlord well, and the rent is reasonable. If you get rid of the shop as soon as possible, you can get a transfer fee of 3-40,000 yuan).
The house is not yours, why should you get a transfer fee,。。
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I don't know what the specific terms of the contract you signed are.
1 If it is agreed that the contract needs to be re-signed every year, then only the ** can be negotiated.
2 If only the ** change clause is agreed, and the contract itself is long-term, it can be seen whether it constitutes a breach of contract.
3.The contract only says that you will go with the market, then you ask the landlord to come up with the credentials.
If you really can't do it, go to a lawyer!
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Legal analysis: If the contract does not specify the specific terms of rent increase, it is a breach of contract by the landlord, and if the negotiation fails, you can sue to protect your rights.
Legal basis: Article 577 of the Civil Code of the People's Republic of China: If one of the parties fails to perform the obligation of the contract or the performance of the contractual obligation does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
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It can be resolved through negotiation, and if the negotiation fails, you can sue to protect your rights.
The parties can negotiate a settlement, and if the contract does not specify the specific terms of the rent increase, it is a breach of contract by the landlord. You can sue to defend your rights. If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
If the landlord increases the rent during the term of the contract (except for the annual increase stipulated in the contract), then the rental contract signed by the two at the beginning of the lease is a talisman for our tenants. According to the relevant legal provisions, if the lessor unilaterally takes possession of the property during the term of the lease contract, he must give at least one month's notice to the tenant and facilitate the tenant's finding of alternative accommodation (not only for him to move); The rent and deposit payable by the tenant for the period of non-occupancy are also refunded. If the breach of contract of early repossession of the house causes actual losses to the tenant (the tenant has to prove that it affects the business, the house cannot be dismantled and taken away after renovation, etc.), it is necessary to compensate the tenant.
Therefore, in the face of the unreasonable rent increase of the landlord within the term of the rental contract, you can use the power of the law to suppress the arrogance of the black-hearted landlord.
Legal basis
Civil Code of the People's Republic of China
Article 577.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
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Legal analysis: It can be resolved through negotiation, if the contract does not specify the specific terms of rent increase, it is a breach of contract by the landlord, and if the negotiation fails, you can sue to protect your rights. What should I do if the rental contract does not stipulate a liquidated damages?
The tenant and the tenant sign a housing lease contract, and if there is a rental agreement, the agreement needs to be strictly implemented. In addition, if the other party surrenders the lease, it is a breach of contract, and the other party can be required to bear the liquidated damages and actual loss compensation, and if the negotiation with the other party fails, it can go to the court to sue.
Legal basis: Civil Code of the People's Republic of China
Article 502:Contracts established in accordance with law shall take effect upon their establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it shall not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the relevant clauses.
If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. In accordance with the provisions of laws and administrative regulations, where the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
Article 543: The parties may modify the contract by consensus.
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Summary. Hello, it is a pleasure to serve you <>
From a legal point of view, if the landlord arbitrarily increases the rent of the shop during the lease period, he can settle or mediate, and if the parties are unwilling to reconcile or mediate, or if the reconciliation or mediation fails, he can apply to the arbitration institution for arbitration or file a lawsuit with the people's court according to the lease contract. During the validity period of the lease contract, the landlord has no right to unilaterally increase the rent without the consent of the tenant, and if the contract is terminated on this ground, the landlord shall bear the corresponding liability for breach of contract; After the lease expires, the landlord can ask for a rent increase, and the tenant can choose to accept or move out.
What should I do if the landlord arbitrarily increases the rent of the shop.
Hello, it is a pleasure to serve you <>
From a legal point of view, if the landlord arbitrarily raises the rent of the shop, the landlord can settle or mediate, and if the parties are unwilling to settle or mediate, or if the reconciliation or mediation fails, they can apply to the arbitration institution for arbitration or to the people's court according to the lease contract. During the validity period of the lease contract, without the consent of the tenant, Fang Shenghu Dong has no right to unilaterally increase the rent, and if the contract is terminated on this ground, it shall bear the corresponding liability for breach of contract; After the lease expires, the landlord can ask for a rent increase, and the tenant can choose to accept or move out.
Legal basis: Article 577 of the Civil Code of the People's Republic of China provides that if a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform the remedial measures or compensating for losses. Article 578 of the Civil Code of the People's Republic of China: Where one of the parties expressly states or shows by its own conduct that it does not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.
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Legal analysis: If the landlord arbitrarily increases the rent of the shop, it can be resolved through negotiation, if the contract does not specify the specific terms of the rent increase, it is a breach of contract by the landlord, and if the negotiation fails, you can sue to protect your rights.
Legal basis: Civil Code of the People's Republic of China
Article 465:Qiaohu Contracts established in accordance with law are protected by law.
A lawfully established contract is only legally binding on the parties, unless otherwise provided by law.
Article 532:After a contract takes effect, the parties must not fail to perform their contractual obligations due to a change in their names or titles, or a change in their legal representatives, responsible persons, or undertakers.
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Legal Analysis Reputation Shed:
If the contract does not specify the specific terms of repentance for rent increase, it is a breach of contract by the landlord, and if the negotiation fails, you can sue to protect your rights.
Legal basis: Civil Code of the People's Republic of China
Article 465:Contracts established in accordance with law are protected by law.
A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
Article 532:After a contract takes effect, the parties must not fail to perform their contractual obligations due to a change in their names or titles, or a change in their legal representatives, responsible persons, or undertakers.
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