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Because you have signed a contract, according to the provisions of the contract law, the contract has been in effect since the time of signing by both parties, so now you can not check out, check-out is a breach of contract, if your contract indicates the effective time of the contract, if your time has not yet arrived, then you can check out.
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According to the contract signed by both parties and the actual performance, if the other party makes it impossible to continue to perform the contract or there is a breach of contract, it can sue to claim the termination of the contract and require the other party to bear the liability for breach of contract.
Legal analysisIf the tenant destroys the house, the lessor may require the lessee to take remedial measures to repair the house or compensate for the loss, and if the lessee wants to break the contract, the lessor may request the deduction of the deposit or require the lessee to pay liquidated damages. In the event of a dispute arising from breach of contract, both parties may file a lawsuit to protect their legitimate rights and interests. If there is an agreement in the lease contract on liquidated damages, the amount of liquidated damages for renting a lease is determined by the parties through prior agreement, and the amount of liquidated damages shall be paid according to the agreed proportion of liquidated damages.
If the two parties agree that the liquidated damages in the housing lease contract are one month's rent when signing the contract, then once the contract is breached, the lessor can require the lessee to pay the same amount of liquidated damages as one month's rent as compensation for breach of contract. If the rental fee is only 1,000 yuan per month, and the agreed amount of liquidated damages reaches 10,000 yuan, then the defaulting party can request a reduction. 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 by the other party's breach of contract and the deposit and excess room fees shall be returned.
The payment of liquidated damages for rental is independent of the payment of rent, i.e., the payment of rent, i.e., if the tenant is still in arrears with the lessor's rent, then the liquidated damages under the lease contract are not included. Both parties shall deal with the agreed amount in accordance with the lease contract, and if the negotiation fails, they can file a lawsuit in the court. Even if the tenant wants to quit the lease at this time, it depends on whether the actual situation is in accordance with the law or the situation agreed by both parties.
Legal basisArticle 533 of the Civil Code of the People's Republic of China After the conclusion of a contract, if there is a major change in the basic conditions of the contract that the parties could not foresee at the time of entering into the contract and are not commercial risks, and it is obviously unfair to one of the parties to continue to perform the contract, the adversely affected party may renegotiate with the other party; If the negotiation fails within a reasonable period of time, the parties may request the people's court or arbitration institution to modify or terminate the contract. The people's court or arbitration institution shall, in light of the actual circumstances of the case, modify or terminate the contract in accordance with the principle of fairness.
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Legal analysis]: Liquidated damages must be paid for free check-out. 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.
Ziru has designed a variety of product forms for shared housing, whole rental, and mid-to-high-end rental needs, providing customers with high-quality rental products, and Ziru rents to guarantee a room at a price, if the actual transaction is different from the publicity, Ziru will return the difference twice, and if the developer agrees to move out, the buyer must pay liquidated damages. Of course, if the developer agrees not to pay liquidated damages, it is also okay, after all, it is the developer's right.
Legal basisArticle 585 of the Civil Code of the People's Republic of China may stipulate 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; If the agreed liquidated damages are excessively higher than the resulting loss, 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 defaulting party shall also perform the debt after paying the liquidated damages.
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Legal analysis: If you have signed a contract with Ziru, the contract will take effect from the time of its establishment, and you cannot check out, and checking out is a breach of contract and you need to bear the liability for breach of contract; If the contract is marked with a time when the contract will come into effect, and the time has not yet expired, then you can check out. Or you can terminate the contract by reaching an agreement with Ziru.
Legal basis: Civil Code of the People's Republic of China
Article 502:Paragraph 1 A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.
Article 562: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. When the cause of termination of the contract occurs, the person with the right to terminate may send a banquet to terminate the contract.
Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
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Hello, it is a pleasure to serve you and give you the following answer: You can withdraw the contract during the review of the contract renewal contract. When this happens, you can first check if there is an option to withdraw the contract, and if so, you can withdraw the contract directly.
If not, you can try to contact Ziru customer service and request to withdraw the agreement. Workaround:1
Check if there is an option to withdraw the contract: if so, you can withdraw the contract directly; 2.Contact Ziru Restaurant customer service:
If you don't have the option to withdraw your contract, you can try to contact Ziru customer service to request to withdraw your contract; 3.Provide the necessary information to the customer service to apply for withdrawal of the contract: If the customer service agrees to withdraw the contract, it is necessary to provide them with the necessary information to apply for the withdrawal of the contract, such as the rental contract number, etc.
Personal experience: When reviewing Ziru to renew the contract, be sure to double-check whether there is an option to withdraw the contract, if not, contact Ziru customer service as soon as possible, apply for the withdrawal of the contract, and prepare the necessary information to apply for the withdrawal of the contract.
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Count as a breach of contract. As long as the house is surrendered within the lease period, there will be liquidated damages. The exact amount is based on the date of your advance notice, and the minimum is 70% of the default rent. The penalty for 7 days in advance should be 93% of the monthly rent.
Legal basis for check-out.
The Contract Law stipulates that the parties shall fully perform their obligations in accordance with the agreement. A party who fails to perform its obligations shall be liable for breach of contract.
At the same time, the Contract Law stipulates that the parties may terminate the contract by mutual agreement. Therefore, the consumer can negotiate with the developer to terminate the contract.
However, if the contract cannot be performed due to force majeure, the liability shall be partially or fully exempted according to the impact of force majeure, unless otherwise provided by law. At the same time, it is stipulated that if one of the parties is unable to perform the contract due to force majeure, it shall notify the other party in a timely manner to mitigate the losses that may be caused to the other party, and shall provide proof within a reasonable period of time. What is Force Majeure?
Force majeure is an objective circumstance that cannot be foreseen, avoided or overcome. If this is the case in your current situation, you can notify the other party that you cannot perform the contract. In this case, some or all of the liability may be exempted.
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