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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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Move away, don't do business there, and people won't be so angry when they change places.
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If there is a contract, do things according to the contract, if there is no contract, you can only negotiate to solve it, but after negotiation, it is also recommended to sign the contract, in case the landlord changes it at will in the future.
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Specifically, you can consult a lawyer
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Legal analysis: If the landlord maliciously increases the rent when the contract expires and is renewed, the tenant can choose not to sign the housing lease contract with the landlord. If the landlord raises the rent during the term of the rental contract, the lessee has the right to require the lessor to continue to perform the contract or terminate the contract according to the rent agreed in the contract, and to require the lessor to compensate for the loss.
Legal basis: Article 577 of the Civil Code of the People's Republic of China: 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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Landlords can deal with rent hikes in the following ways:
1. The rent standard of private houses can be determined by both parties to the lease in accordance with relevant regulations or through negotiation between the two parties. During the lease period, the lessor may not arbitrarily request an increase in rent unless it is contrary to the provisions of the law or agreed upon by both parties. Under special circumstances, such as the original rented house has been renovated, demolished and replaced with a new house, etc., the landlord wants to increase the rent, which should be resolved through negotiation;
2. During the contract period, both parties shall exercise their rights and obligations according to the contract, and the landlord has no right to increase the rent without authorization, otherwise he shall bear the liability for breach of contract and compensate the losses of the parties.
Legal basisArticle 713 of the Civil Code of the People's Republic of China.
The lessee may request the lessor to repair the leased property within a reasonable period of time when the leased property needs to be repaired. If the lessor fails to perform the maintenance obligation, the lessee may repair it by itself, and the maintenance cost shall be borne by the lessor. If the use of the leased property is affected by the maintenance of the leased property, the rent shall be reduced or the lease term shall be extended accordingly.
If the leased property needs to be repaired due to the fault of the lessee, the lessor shall not bear the maintenance obligation provided for in the preceding paragraph.
Article 714.
The lessee shall properly keep the leased property, and shall be liable for compensation if the leased property is damaged or lost due to improper storage.
Article 715.
With the consent of the lessor, the lessee may make improvements or add other things to the leased property.
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 the loss.
Article 716.
The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss.
If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.
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Legal analysis: If the two parties sign a contract and agree on a lease, the landlord cannot increase the rent casually, otherwise it will be a breach of contract. If the contract expires, the landlord can increase the rent, and it is up to the tenant to decide whether to agree or not.
Legal basis: Civil Code of the People's Republic of China
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.
Article 578:Where 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 that it bear liability for breach of contract before the expiration of the performance period.
Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.
Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
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Do the math how much it will cost you to renovate your home
1. What should I do if the landlord raises the rent?
If the landlord increases the rent after the lease contract expires, the tenant can decide not to sign the contract with the landlord again. The landlord has the right to demand that the landlord continue to implement the rent agreed in the lease contract, or cancel the contract and demand compensation from the landlord at the same time.
2. Precautions for renting a house.
1. When deciding to rent a house, you must look at the house in advance, and you can't rely on the one-sided words of the intermediary or the owner to settle the house; When inspecting the house, at the beginning of the house to check whether the house is not ventilated, whether there is the sun shining in, these requirements directly interfere with the future living environment, if the house you check is dark, dark and dark, it is best not to rent, because long-term living in such a house is not good for people's health.
2. When renting a house, pay attention to the fact that you may rent a renovated house, as we all know, there are more or less harmful formaldehyde and other substances in the renovated house, if you have young children or the elderly, it is recommended not to rent such a house, if you really don't have time to rent, then you must do a good job of removing formaldehyde, such as indoor plants.
3. When following the agent or homeowner to see the house, you must pay attention to whether the house is in a state of exposure, which may have no effect on the winter, but as long as it is summer, the occupant will find that he is completely in the steamer. However, if the air conditioner is installed in this house, the impact may not be too large, but it will consume a lot of electricity every day.
4. In addition, you must be cautious when choosing a rental platform, and choose some rental platforms with a good reputation as much as possible.
Enter the area and get the decoration for free**].
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Unreasonable behavior of the landlord encountered:
1.Malicious rent increase: The landlord raises the rent without reasonable reason or raises the rent of the round house.
2.Threats of violence: The landlord threatens you, slanders, or other means to pressure and harass you.
3.Withholding of deposits: Landlords withhold or delay in withholding deposits when checking out.
4.Non-fulfillment of maintenance responsibilities: There is a problem with the house and the landlord refuses to fulfill the maintenance responsibility.
If you encounter the above unreasonable behavior, you can take the following measures:
1.Take legal action as soon as possible: If you encounter serious circumstances, you can seek protections under Chinese law, such as filing a lawsuit in court.
2.Expose the landlord's unreasonable behavior: You can use social media to avoid landlord behavior, such as housing rental platforms.
4.Resolve issues through negotiation: Some minor issues can be resolved through negotiation with the landlord to reach a mutually acceptable solution.
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