Can I cancel a lease contract early? Can the lease contract be terminated early?

Comrade Xia Fenglin:

Article 215 of China's Contract Law stipulates that "if the lease term is more than six months, it shall be in writing." If the parties do not adopt the written form, it shall be regarded as an indefinite lease. "In accordance with the provisions of this article, if the lease period is more than 6 months, a written lease contract shall be concluded in written form, and the lease period is more than 6 months, and if the parties do not adopt the written form, no matter how long the lease term agreed by the two parties, it is an indefinite lease in law.

In addition, Article 232 of the Contract Law stipulates that: "If the parties have not agreed on the term of the lease or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, it shall be regarded as an indefinite lease." The parties may terminate the contract at any time, provided that the lessor shall notify the lessee of the termination of the contract within a reasonable period of time.

Judging from the situation you wrote to us, you rented Wang's taxi to engage in passenger transportation, and although someone was present when the two parties orally signed the agreement, they did not sign the agreement in writing. The lease period is more than 6 months, in accordance with the provisions of the Contract Law, it should be regarded as an indefinite lease, and the lessor Wang can terminate the lease contract with you in advance, but should notify you in advance within a reasonable period. As for how to fulfill the transportation agreement you signed with others, only you can find another way to solve it.

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Is there a breach of contract for early termination of financial lease?

Legal analysis: It can be terminated, and the amount of money can be discussed with the landlord, but if the lease contract is signed, the early termination of the contract is generally subject to compensation.

Legal basis: Civil Code of the People's Republic of China

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 710 The lessee shall not be liable for compensation if the leased limb is used in accordance with the agreed method or according to the nature of the hand source of the leased item, resulting in the loss of the leased item.

Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

The lease contract can be terminated early by the tenant. If the lease is terminated by mutual agreement between the two parties, the lease is indefinite, the leased property has quality defects that cannot achieve the purpose of the contract or endangers the safety and health of the lessee, or there is force majeure, the lessee may terminate the lease contract in advance.

2. Whether creditor's rights disputes can be sued and handled.

The lease must be rented until the expiration of the contract, but the tenant and the lessor terminate it through consultation, if the house is defective and cannot achieve the purpose of the contract or endangers the safety and health of the tenant, if the tenant does not use the leased house according to the nature of the leased house, and if the tenant still fails to pay the rent after being reminded, the lease relationship may be terminated in advance.

3. The exemption clause of the rental contract is invalid.

The exemption clause in the rental contract is invalid in the following circumstances: 1. If the lessor and the lessee inform the leased property that there are circumstances that endanger the safety of the lessee when entering into the contract, the exemption clause is invalid; 2. When the lessee concludes the lease contract, the lessee has informed the lessee that the leased property will endanger the health of the lessee, and the exemption clause has no legal effect. In short, the circumstances in which the rental exemption clause is invalid mainly include endangering the safety and health of the tenant.

Article 562 of the Civil Code.

The parties may terminate the contract by consensus. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 729.

If the purpose of the contract cannot be achieved due to partial or total damage or loss of the leased property, the lessee may terminate the contract.

Article 731.

If the leased property endangers the safety or health of the lessee, the lessee may still terminate the contract at any time, even if the lessee clearly knows that the quality of the leased property is not in accordance with the rules at the time of entering into the contract.

The lease contract can be terminated early. However, the party that terminates in advance shall follow the original rules such as good faith, and perform ancillary obligations such as notification and assistance in accordance with transaction customs; In addition, if the other party suffers losses due to early termination, it shall bear the corresponding responsibility.

[Legal basis].

Article 530 of the Civil Code.

The creditor may refuse the debtor's early performance of the debt, except where the early performance does not harm the interests of the creditor.

The debtor shall bear the additional costs incurred by the creditor for the debtor's early performance of the debt.

Article 558.

After the termination of the creditor's rights and debts, the parties shall follow the principles of good faith and perform obligations such as notification, assistance, confidentiality, and old goods in accordance with transaction customs.

Article 703.

A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

Seven hundred acres of Tan filial piety and four articles.

The content of the lease contract generally includes the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

If the lease term is agreed upon by both parties in the contract, and the lessee terminates the lease contract in advance, it is usually liable for breach of contract. If there is an agreement in the lease contract for the early termination of the lease contract, it shall be handled in accordance with the agreement. If there is no agreement, it should be seen whether the lease contract can continue to perform and return to the country.

The contract can only be terminated when it is truly impossible to continue to perform or when the performance becomes unnecessary. If the lease contract does not stipulate the compensation for the early termination of the lease contract, and the lessee unilaterally terminates the contract, the lessee shall compensate the lessor for its losses. Generally speaking, if the remaining lease term exceeds 3 months, the compensation amount will be paid at the rate of 3 months' rent.

If the remaining lease term is less than 3 months, the compensation amount shall be calculated and paid based on the rent of the remaining lease term.

[Legal basis].Article 16 of the Judicial Interpretation of Financial Leasing Contracts.

Where a financial lease contract is terminated due to the termination of the sales contract, is confirmed to be invalid or revoked, and the lessor claims that the lessee should compensate for the corresponding losses on the basis of the provisions of the financial lease contract, or on the ground that the seller and the leased object were chosen by the lessee although the financial lease contract was not agreed upon or the agreement was unclear, the people's court should uphold it. If the lessor has been compensated for the losses incurred by the sales contract when it is terminated, confirmed to be invalid or revoked, the lessee shall be exempted from the corresponding liability for compensation. 4. Liability for breach of contract.

If the lease is terminated in advance, and the remaining lease period exceeds 3 months, the compensation amount shall be calculated and paid according to the 3 months' rent; If the remaining lease term is less than 3 months, the compensation amount shall be calculated and paid based on the rent of the remaining lease term. Unless expressly agreed in the lease contract between the parties, if one party terminates the contract in breach of contract, the agreed amount of liquidated damages shall be determined based on the deposit.

[Legal basis].Article 577 of the Civil Code.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations by the attendant 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.

Article 578.

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.

Circumstances of early termination of the lease contract: 1. The parties to the lease contract negotiate and decide to terminate the contract in advance; 2. There are reasons for terminating the contract as agreed by the parties; 3. There is a statutory reason for terminating the contract.

Article 562 of the Civil Code of the People's Republic of China The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563 of the Civil Code of the People's Republic of China Under any of the following circumstances, the parties may terminate the contract: (1) The purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) Failure of one of the parties to perform the main debt within a reasonable period of time after being demanded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law. In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.