If the term of the lease contract has not expired, how to compensate for the early termination of th

If the lease contract is not agreed upon and the lessee unilaterally terminates the contract, the lessee shall compensate the lessor for the loss. Generally speaking, if the remaining lease term exceeds 3 months, the compensation amount will be calculated and paid according to 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 Analysis] If there is an agreement in the lease contract, it shall be handled in accordance with the agreement; If there is no agreement, it shall be determined whether the lease contract can continue to be performed. The contract can only be terminated when it is truly impossible to continue to perform or when the performance becomes unnecessary. If the tenant fails to pay the rent without justifiable reasons or delays in paying the rent, the landlord may give the tenant a reasonable period of time, and if the tenant still fails to pay within the time limit or fails to pay within the reminder period, the landlord has the right to terminate the housing lease contract between the two parties, and after the termination of the contract, the landlord may request to move out and prevent the tenant from continuing to live.

The lessor may terminate the lease contract and take back all or part of the leased house under the following conditions: 1. When the lease agreement expires, the lessor takes back the leased house according to the contract; 2. If the agreement has not expired, the lessor's family population has increased and the housing is difficult, the tenant can negotiate with the lessee to take back the leased house; 3. The tenant of the house does have another house, and the rented house has been idle for a long time and cannot be used to the fullest; 4. The tenant intentionally or negligently damages the rented house, changes the use of the house, or refuses to repair or compensate. If the lessee does not allow the lessor to terminate the lease contract in advance under the above circumstances, the lessor may sue the people's court where the house is located and request the court to mediate or make a judgment to protect its legitimate rights and interests.

[Legal basis].

Civil Code of the People's Republic of China

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. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

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 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.

If the lease contract is not terminated due to the breach of contract of one party, the breaching party shall bear the liability for breach of contract. If the parties have agreed on liquidated damages in the contract, they shall pay the liquidated damages in accordance with the agreement, and 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.

Circumstances under which the lease contract can be terminated: In fact, when both parties to the lease sign the lease contract in accordance with the law, they should abide by the contract and perform the contract as agreed, and shall not change it to terminate the contract without authorization. Otherwise, not only will the non-breaching party be compensated for its losses, but the non-breaching party may also demand continued performance of the contract.

However, if the lease contract can be terminated by law, the leasing parties may terminate the lease contract in advance

1. The parties may terminate the contract if they reach a consensus through consultation. The parties to the lease may stipulate in the lease contract the conditions under which one party may terminate the contract. When the conditions for rescission are fulfilled, the person with the right to rescind may terminate the contract.

Or, if one party is willing to terminate the lease contract, it can negotiate with the other party to terminate the contract, and as long as both parties agree on the agreement, the lease contract can be terminated.

2. Regardless of whether the parties have agreed on the conditions for the termination of the contract, the contract can be terminated as long as there are any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure. For example, force majeure such as floods, policies, and social disturbances lead to the failure to achieve the purpose of the contract.

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own behavior that it will not perform the main obligation. If the lessor forcibly takes back the leased property, the lessee may terminate the contract.

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded. If the lessee fails to pay the rent within a reasonable period of time after being urged by the lessor, the lessor may terminate the contract.

4) One of the parties delays the performance of the debt or has other breaches of contract, resulting in the failure to achieve the purpose of the contract. If the leased property provided by the lessor is defective in quality but refuses to replace it, the lessee may terminate the contract.

5) Other circumstances stipulated by law.

3. If the lessee fails to use the leased property in accordance with the agreed method or the nature of the leased object, resulting in the loss of the leased object, the lessor may terminate the contract and claim compensation for the loss.

4. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

5. If the parties do not agree on the lease term or the agreement is not clear, it shall be regarded as an indefinite lease. The parties may terminate the contract at any time without circumstance, but the lessor shall notify the lessee of the termination of the contract within a reasonable period of time.

6. If the leased property endangers the safety or health of the lessee, the lessee can still terminate the contract at any time, even if the lessee knows that the quality of the leased property is unqualified at the time of entering into the contract.

Legal analysis: if the lease contract is terminated early and there is an agreement in the contract, compensation shall be made in accordance with the contract; If there is no agreement in the contract, compensation shall be made according to the losses caused.

Legal basis: Article 584 of the Civil Code of the People's Republic of China provides that if one of the parties does not perform its contractual obligations or the performance of its contractual obligations does not conform to the provisions of the contract, 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.

If one party terminates the lease contract in advance without reason, it is a breach of contract, and compensation shall be made according to the agreement of the contract, and if the contract does not stipulate, the amount of compensation for the losses caused to the non-breaching party 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, but shall not exceed the losses that may be caused by the breach of contract that the party in breach of contract foresaw or should have foreseen at the time of entering into the 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, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Lu Yin.

The law is based on Article 577 of the Civil Code and Article 584 of the Civil Code.