How to solve the landlord s breach of contract, what to do if the landlord defaults

First of all, your contract is obviously unfair, and it is unfair to clearly stipulate the liability of Party B for breach of contract, and there is no corresponding liability for Party A's breach of contract. Legally it is a void contract or a contract whose validity is undetermined.

Secondly, even if the landlord resells the property you are renting to someone else, you still have the right to continue to enjoy the lease right, not to mention that the landlord is not buying or selling.

Finally, settle the matter through negotiation between the parties, as your landlord may not know much about these situations. If the negotiation fails, then resort to the court to protect your legitimate rights and interests.

The same can bind him, although it is not written, but as long as the compensation for your breach of contract is written on it, you can bind him and ensure fairness. Find a neighborhood committee or consumer association, he must not have a license to rent a house, you talk to him first, you say first, although the rental contract does not write how you breach the contract, but if I go to sue you, you will also have to compensate me for my losses, my moving expenses and a month's rent, and you have to give a month's notice. If you rent a house without a rental permit from the public security department, it is considered illegal, and you can be sued as well.

What happens if you just don't move? After changing the door lock, if he dared to smash it, he would call the police.

To rent a house, you must go to the local police station for the record, and you must also have the official seal of the property. Neither. They are not legal in themselves, and you are also responsible, but the law stipulates that the contract is not written, as long as it is not notified to you in advance, then you can ask him to compensate you for your losses.

Depending on the situation at the time, the amount of compensation can be negotiated! If there is really no house to rent, then you can ask the landlord not to move, and the landlord will not be negotiable under normal circumstances

If you are the owner of the home, you can add the liability of Party B.

Housing lease contract.

Party A (House Owner):

Party B (Tenant):

In accordance with the Contract Law of the People's Republic of China and relevant regulations, the two parties agree to reach the following contract terms:

0.Party A agrees to lease Room 1309, Block A, No. 21, Baohe Lane, Jiangnan Avenue, Haizhu District, Guangzhou (the suite area is about 45 square meters, and the two bedrooms and one living room are about 70 square meters) to Party B for residential use.

1.The term of the lease is YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

2.The rent is RMB per month, and Party B agrees to Party A's request for a net rent of RMB per month.

3.Various taxes and fees during the lease period (including water and electricity charges, management fees, security fees, sanitation fees, housing rental tax, etc.).

Housing maintenance fees, etc.) shall be borne and paid by Party B.

Party B agrees to pay the deposit of the previous month to Party A before moving in.

If the lease period is not expired, if Party B does not rent, Party A will not refund the deposit to Party B.

On the day of the expiration of the lease, after both parties have calculated all the expenses, Party A will return the deposit to Party B in full without interest after the house is undamaged, and Party B shall hand over the keys of the house to Party A at the same time.

4.Party B agrees to pay the rent of the month to Party A before the day of each month, and if Party B does not pay the rent for more than one day, Party A has the right to immediately withdraw the housing deposit without refund.

The house is for human habitation only.

5.During the lease period, Party B shall not sublease, transfer or disguised sublease or transfer, Party B shall not damage the structure of the house, shall not use the house to do illegal acts, shall not pile up dangerous items, shall not violate the public security regulations.

In case of the above circumstances, Party A has the right to repossess the house without refund. If Party B requires the decoration of the house, the consent of Party A is required, and the fixed objects after decoration shall not be removed, and the ownership shall be owned by Party A free of charge.

6.When Party A and Party B hand over the house, they shall first read the water meter and electricity meter, and Party B shall bear the water and electricity charges after the handover of the house.

7.This contract shall be executed in duplicate, one copy for each party, and shall take effect from the date of signature and shall have legal effect.

The right to interpret this contract belongs to Party A.

First Party. Party B (including the original and photocopy of the ID card and work certificate of all the people living in the residence).

Identity card. Sign.

Date of signature: YYYYYYYYYYYYYYYYYYYYYY

List of Party A's housing conditions before handing over the house.

Water meter readings: tons.

Meter readings: degrees.

Household appliance details: meaning, and sign a separate contract.

9. This contract shall be executed in duplicate, one copy for each party, and shall take effect immediately after the signing of the contract. If there are any unfinished matters, the two parties can negotiate separately.

Note: After signing the contract, Party B shall submit a copy of the ID card.

Attached: The main door, the suite key is altogether, the bottom of the electricity meter: the bottom of the water meter:

Party B's ID number:

Signature of Party A: Signature of Party B:

Date of Signing: YYYYYYYYYYYYYYYYYYYY

First, report and complain. The relevant administrative departments should be found as soon as possible, and the problems should be reported to them in the form of pages, and these ** departments should be required to perform their supervisory duties. If the failure of this regulatory authority to perform its regulatory duties constitutes a legal administrative inaction, the tenant can file a relevant legal action to protect its rights.

Second, what needs to be done is to keep the evidence, and the tenants can prove the current state of the existence of the house by taking photos, videos or even notarization. Evidence collection and evidence retention were done in a timely manner. Subsequently, the tenants held the evidence and decisively called the police, and when they saw that the evidence was sufficient, they immediately opened the case and started to investigate.

The police are required to go out to protect the personal and property safety of citizens, and if the police do not come for a long time, they can also complain to the supervision department of the public security department about the inaction of the police.

Third, don't move and hold your ground. As soon as some tenants saw the forced demolition notice, they immediately thought that the individual was not capable of fighting against **, so they moved out immediately, which is actually wrong. This will send a signal that you are mentally exhausted and do not have the courage to resist to the end.

Fourth, it is obviously illegal to violate the provisions of the contract and require the tenant to be demolished and relocated during the contract period. At the same time, the real estate company demanded that the tenant move out without negotiating compensation and carried out multiple demolition actions, which was an infringement. In such a situation, we should stand up bravely and take up the law to protect our legitimate rights and interests.

Fifth, when renting an apartment, it is inevitable to encounter the unreasonable behavior of the landlord. However, we need to take the necessary steps to protect ourselves and assert our rights. Renters need to have a certain amount of patience and judgment when dealing with unreasonable landlords, and solve problems in a reasonable way.

Need to check the contract and determine my rights. Then I had to negotiate with the landlord to make him understand my current situation and give me plenty of time to find a new place to live. If necessary, protect your own interests to the fullest.

Legal analysis: During the performance of the housing lease contract, if the landlord breaches the contract, the tenant can require the landlord to continue to perform the contract and bear the liability for breach of contract, or terminate the lease contract to compensate for losses. According to the provisions, 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.

Legal basis: Article 585 of the Civil Code of the People's Republic of China The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

1. What should I do if the landlord defaults.

1. If the delivered house and its ancillary facilities do not meet the requirements of the contract, or the house is not repaired and maintained in accordance with the provisions of the contract, which endangers the normal and safe use of the tenant, it shall be responsible for repair; The lessee has the right to claim liquidated damages; If any loss is caused to the lessee, it shall be responsible for compensation.

2. When selling or subleasing a house, if the tenant fails to guarantee the right of first refusal or the right of first refusal in accordance with the regulations, he shall be responsible for compensating for the loss.

3. If the house and its ancillary facilities are not delivered to the lessee as agreed, liquidated damages shall be paid; If the loss is caused to the lessee, it shall also be responsible for compensation.

2. How to calculate the liquidated damages in the housing lease contract.

1. If there is an agreement on liquidated damages in the lease contract (the amount of liquidated damages for renting a house is determined by the parties through prior agreement), the liquidated damages shall be paid according to the agreed proportion. If the two parties agree that the liquidated damages in the housing lease contract are one month's rent when signing the contract, then in the event of a breach of contract, the lessor may require the lessee to pay the same amount of liquidated damages as one month's rent as liquidated damages;

2. If the agreed liquidated damages are too high or too low, they can be changed, and if the agreed liquidated damages exceed 30% of the actual loss, they can be considered to be too high and can be reduced. If the monthly rental fee is only 1,000 yuan, and the agreed liquidated damages amount reaches 10,000 yuan, then the defaulting party can request a reduction.

3. If there is no agreement on liquidated damages in the housing lease contract, the liquidated damages shall be calculated according to the actual losses caused to you by the other party's breach of contract and the deposit and excess room fees shall be returned.

4. The payment of liquidated damages for renting is independent of the payment of rent, that is, the payment of rent, that is, if the tenant still owes the lessor 1,500 yuan in rent, the liquidated damages in the housing lease contract are not included in the 1,500 yuan.

5. Handling of liquidated damages for renting: both parties shall deal with the agreed amount in accordance with the lease contract, and compensate the agreed amount, if the negotiation fails, they can file a lawsuit in the court.

If the landlord breaches the contract, the tenant may require the tenant to bear the liability for breach of contract in accordance with the breach clause of the lease contract. If it refuses to perform its liability for breach of contract, the lessee may prepare a civil complaint, a complaint that meets the requirements and other evidentiary materials to file a lawsuit in the people's court.

According to Article 578 of the Civil Code, if one of the parties expressly states or shows by its own behavior that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.

Article 120 of the Civil Procedure Law stipulates that a complaint shall be submitted to the people's court and copies shall be submitted according to the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Legal basis: Article 578 of the Civil Code.

If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.

Article 120 of the Civil Procedure Law.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

The defaulting party may be required to continue to perform. If there are losses due to the landlord's breach of contract, the landlord may be required to take remedial measures to compensate for the losses. The breaching party may also be held liable for breach of contract.

As a freelancer who has rented out 2000+ houses, I would like to share my experience in the past few years.

There are generally two types of rental contractsThe official agent version and the landlord's own version

Generally, if you rent a community or a commercial apartment, you will use the contract version of the intermediary store, the terms are legal, reasonable and compliant, and the legal constraints on both the landlord and the tenant are relatively fair.

There will be a problem, that is, the landlord of the rental house in the urban village and the private apartment landlord's own contract, the terms of this kind of contract are basically the landlord's advantage, and the tenant's loss.

There are many traps and routines in the contract, which are reflected in various forms, and many tenant contracts that are not deeply involved in the world are signed directly without looking at it, resulting in a lot of disputes when it comes to checking out, and it is very common for the deposit to be returned.

The pitfalls and routines in the contract can be roughly divided into the following major items:

Incidental charges, check-out fees, renewal rules, restraints on the use of the premises, and the list price of attached facilities.

Miscellaneous expenses are generally reflected in the form of sanitation fees, management fees, network fees, etc., and some will also have shared water and electricity costs in public places. If you don't ask about these expenses in many cases, the landlord will not tell you in advance, and you will find out that there are these fees when you pay the deposit and sign the contract, which will make your rental cost rise by 5-10% in minutes.

tip: When renting a house, try to talk about the all-inclusive price, that is, in addition to the water and electricity bills, the price is also cut according to this total price.

1.When you check out, you will be charged a disinfection fee and a cleaning fee. Wear and tear fees, etc., these are often the landlord deducted the name of the deposit, generally in addition to not cleaned up, the sanitation fee is more reasonable, the others are not necessary, and many of the cost contracts do not indicate the specific amount, but give the amount range, the landlord will open his mouth everywhere to find fault when checking out, and deduct hundreds of deposits.

2.Early check-out does not refund the deposit, this clause is reasonable, it is the same everywhere, not a routine.

This clause is the most popular step on the pit, you must read it clearly, and it will generally be marked to notify the landlord to check out xx days in advance, otherwise it will be automatically renewed for one year. If you don't say it in advance, the landlord will also agree to you to check out, and when you return the deposit, according to the terms of the contract, the contract has been automatically renewed for one year, and the tenant will not refund the deposit according to the unilateral breach of contract!

The contract will write that you can't nail and scribble on the wall, otherwise a nail will be fined the deposit according to xx**, etc., this clause itself is no problem, but there are nails or wall defaces left by the former tenant in the room, and the tenant did not pay attention to it when renting, and after a year, the landlord has long forgotten, and when you check out, you will say that you have to deduct money.

When the landlord writes the list of furniture and electrical appliances, he will set the ** very high, such as 800 yuan for a table, 500 yuan for a chair, 1500 yuan for a sofa and so on. When it comes to checking out, the furniture is slightly damaged and must be compensated according to **, so the landlord must read clearly when writing the price, many of which are for money.