During the contract period, but how to deal with the rent increase

The house is rented out, and the contract is signed, but the rent is excellent, can the price increase if you want to? If I have signed a rental contract, can I increase the price during the rental period? The answer, of course, is no.

The rental contract is voluntarily signed on the basis of equal negotiation between the parties and is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization. As a landlord, such a request is unlikely to be agreed to by the tenant and will not be supported by the law.

As a tenant, if your landlord asks for a rent increase in the middle of the year, and you explicitly refuse, then you must pay attention. In this case, as a lessee, it is necessary to pay the rent on time and must leave evidence that the rent has been paid on time, because if the lessee fails to pay the rent without justifiable reasons or delays in paying the rent, the lessor can require the lessee to pay within a reasonable period. If the lessee fails to pay within the time limit, the lessor may terminate the contract.

If the landlord refuses to accept the rent, the rent can be deposited. Legal basis: Article 8 of the Contract Law of the People's Republic of China A contract established in accordance with the law is legally binding on the parties.

The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization. Article 227 of the Contract Law of the People's Republic of China If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may require the lessee to pay within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract.

During the contract period, the rent cannot be increased, otherwise it will be a breach of contract. The tenant can refuse to increase the rent.

This matter has also bothered me for a long time, the landlord wants to increase the rent during the contract period, the landlord feels that he is reasonable, and I also feel that I am reasonable, I don't know how everyone deals with this situation? Feel free to discuss.

Legal laughter includes analysis: First, negotiate directly with the landlord and strive to reach a settlement agreement.

Second, it rejects the landlord's unreasonable demand and demands that the rent be paid in accordance with the contract.

Third, demand that the contract be terminated and that the landlord be held liable for breach of contract.

Legal basis: "Civil Law of the People's Republic of China".

Article 582: Where performance does not conform to the agreement, liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.

Rent increases are not allowed during the contract period. 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 the landlord shall bear the corresponding liability for breach of contract if the landlord terminates the contract on this ground; 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 502 of the Civil Code.

A contract established in accordance with law shall take effect upon its 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 formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of 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, the provisions of the preceding paragraph shall apply to the modification, transfer, termination of the contract, etc., where formalities such as approval of the contract shall be handled.

Article 543.

The parties may change the contract by consensus.

Legal analysis: First, negotiate directly with the landlord and strive to reach a settlement agreement.

Second, it rejects the landlord's unreasonable demand and demands that the rent be paid in accordance with the contract.

Third, it is required to terminate the contract and make the landlord liable for breach of contract.

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

Article 582:Where performance does not conform to the agreement, the party shall be liable for breach of contract in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear the liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.

The landlord has no right to unilaterally increase the rent, and the performance of the contract shall be carried out in accordance with the contract, and if one of the parties fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, after the performance of the obligations or the remedial measures are taken, the other party has other losses, and the losses shall be compensated for the losses The question of whether the rent can be increased during the contract period, I will answer the question of whether the rent can be increased during the contract period, and I will answer it for you in detail below.

1. Can I increase the rent during the contract period?

1. The landlord has no right to unilaterally increase the rent, and the contract shall be executed in accordance with the contract during the performance of the contract, and if one of the parties fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, after performing the obligations or taking remedial measures, the other party has other losses, the family shall be compensated for the losses.

2. Legal basis: Article 583 of the Civil Code of the People's Republic of China, [Liability for Damages for Breach of Contract] If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, if the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

2. What should I do if the landlord increases the price during the lease contract

Whether to return the prepaid rent and deposit for early surrender is to check whether to return the prepaid rent and deposit, and it should be dealt with on a case-by-case basis.

1. If there is a danger of living in your house and the other party moves out, regardless of whether the rental contract is signed or not, the other party has the right to move out at any time.

After collecting enough rent for the actual rental period of the other party, the rest of the prepaid rent and deposit will be refunded to the other party.

2. If the two parties to the lease have signed a written lease contract, the landlord cannot unilaterally increase the rent during the contract period, unless the tenant agrees. However, after the contract expires, the landlord asks for a price increase, which is not against the law, and the tenant has the right to choose to accept or move out. If there is no formal written contract, it is an indefinite lease, and both parties can terminate the contract at any time, and the landlord can also ask for a price increase at any time.

Rent** should be a voluntary act of the private sector.

Anyone who has had rental experience should know that in the absence of public rental housing, the current rental houses are all from the private sector. Since it belongs to the people, then its ** has a foundation. To be more specific, once you go up, you won't be able to come down again.

This is based on the following reasons.

Under inflation expectations, in fact, rents have been showing the best momentum, but most of them are individual behaviors that are difficult to detect. The rental housing mainly comes from one "intermediary" and the other is an "individual". According to the analysis of the current housing system, the number of "individuals" is far greater than the number of "intermediaries".

Based on the fact that there are many "individuals", it provides a convenient door for rent. One day, the landlord found the tenant and said that the rent will be increased by 50 yuan from next month, and you think about it, so most of the transactions can be completed (as for why it will be reached, there is an answer below). And most of this form of markup occurs when the contract is re-signed.

During the contract period, if the tenant Li Ren agrees through negotiation and obtains his consent, the rent can be increased. If the tenant does not agree, the rent cannot be increased, and the change of the content of the original contract must be agreed upon by the parties, so the consent of the tenant can only be changed.

[Legal basis].Article 543 of the Civil Code.

The parties may change the contract by consensus.

Article 544.

Where the parties are not clear about the content of the pre-contract modification, it is presumed that it has not been changed.

Article 703.

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

Article 704.

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.

Renting a house cannot be arbitrarily increased during the same period. 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, it shall bear the corresponding liability for breach of contract; After the lease expires, the landlord can ask for a price increase, and the tenant can choose to accept or move out.

1. Is the tenant in breach of contract if he does not notify the tenant in advance?

According to Article 577 of the Civil Code of the People's Republic of China, which came into effect in 2021, 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 lease contract clearly stipulates that the landlord can deduct the tenant's deposit directly or on the basis of the tenant's sublease when the tenant checks out before the lease period expires, then the contract is valid, and the landlord has the right not to return the deposit, and at the same time can require the tenant to bear the liability for breach of contract in accordance with the lease contract.

Second, the hosting company ran away, what should the landlord do?

If the landlord and the escrow company have signed a lease contract or escrow contract without the right to sublease, the sublease contract signed between the escrow company and the tenant is invalid, and even if the tenant has paid one year's rent, the landlord can demand to terminate the contract and require the tenant to move out, and the tenant's losses can only be claimed against the escrow company. If the landlord and the escrow company enter into a trusteeship agreement or a tripartite agreement granting the right to sublet, the landlord has no right to require the tenant to vacate the premises.

3. Can a tenant forcibly take over the house if he does not pay rent?

In the event of a breach of contract such as rent arrears by the tenant, the landlord may require the tenant to pay the rent and bear the liability for breach of contract in accordance with the agreement between the two parties in the rental contract. The landlord can negotiate with the tenant first, and strive to properly resolve the dispute to avoid conflicts; If the two parties fail to reach an agreement, the landlord can also file a lawsuit with the court in accordance with the law, requiring the tenant to pay the rent and bear the liability for breach of contract; If the conditions for terminating the contract agreed by both parties are met, the landlord can also claim termination from the court.