If the lease contract is signed in advance, the tenant wants to terminate the contract before the de

If the tenant wants to terminate the contract before the end of the housing lease contract, he or she needs to bear the corresponding liability for breach of contract in accordance with the contract. If the liability for breach of contract is not specified in the contract, the breaching party will generally be required to pay liquidated damages according to the actual situation of the breach, and the landlord may require the tenant to surrender the lease early, which affects the economic loss caused by the rental of the house.

Legal analysis

The landlord and the lessee need to sign a lease contract in accordance with the law to protect the rights and obligations of both parties, generally agreeing on the rental period, rent fees and payment methods, liquidated damages, etc. During the term of the contract, the tenant pays the agreed rent at regular intervals, thereby obtaining the right to use the house and returning the house to the lessor in good condition at the end of the contract. According to the relevant laws, early withdrawal is a violation of the provisions of the rental contract regarding the rental period, and the lessor can request the deduction of the deposit or require the lessee to pay liquidated damages.

The amount of liquidated damages shall be paid according to the agreed proportion of liquidated damages, and if there is no agreement, the actual losses caused shall be calculated as liquidated damages and the deposit and excess room fees shall be refunded. If there is an agreement in the contract that the lessor has the right not to refund the deposit, the lessor has the right not to return the deposit. If there is no provision in the contract for early departure, you can notify the owner in advance before checking out, negotiate with the owner to settle the matter, and if the negotiation fails, you can file a lawsuit in the people's court.

Legal basis

Civil Code of the People's Republic of China

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.

Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

Article 585:The parties may agree 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; Where the agreed liquidated damages are excessively higher than the losses caused, 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 breaching party shall also perform the debt after paying the liquidated damages.

Hello: Your actions are in breach of contract. According to the contract law and other legal provisions, you will be liable for breach of contract.

Generally, if you have paid three months' rent and the lease period starts on October 31, and you request to terminate the contract in advance, you have the right to claim a refund of the rent, i.e. three months' rent. However, the deposit cannot be refunded.

The deposit is a kind of security, which is a security deposit to guarantee the performance of the contract by the lessee, if one party is in default, such as the lessor, then according to the law, the lessor shall return the deposit twice, and if the lessee is in default, it is not entitled to claim the return of the deposit. Therefore, you can ask the other party to return the 3,600 yuan unconditionally, but the 2,000 yuan deposit will not be returned.

Deposits and rent can be refunded, but you will be liable for breach of contract. The specific breach of contract shall be in accordance with the provisions of your contract.

The unexpired rent and deposit of the rental contract shall be refunded as follows: if the tenant is at fault, the lessor may request the corresponding rent and deposit to be withheld as liquidated damages; If the lessor and the lessee agree to quit the lease early through negotiation or the lessee quits the lease early due to the lessor's breach of contract without fault, the lessee does not need to pay compensation, and the remaining rent and deposit shall be refunded in full.

1. The store transfer fee includes a deposit.

Not included. The façade transfer fee does not include the deposit and rent, and is generally just a simple transfer of the late fee, in addition to the deposit and rent. The deposit received after signing the shop transfer contract shall be refunded, and in the case of sublease, after the expiration of the lease contract, if the lessee does not breach the contract as agreed in the contract, the lessor shall return the deposit to the lessee.

Second, why should you pay the rent one month in advance, and the two decided to rent a house.

Deposit one pay three, commonly found in the rental contract, means, pay a one-month deposit first, pay three means, at least three months of rent such as rent is 1,000 yuan a month, charge one pay three to the landlord 4,000, there is a deposit of 1,000 yuan, the rest is three months of rent deposit refund is generally at the time of check-out, the landlord checks the house and facilities without loss and damage, the landlord will return the deposit to the tenant, if some places are damaged, or the utility bill is not paid off, it will be deducted from the money. The details need to be negotiated between the landlord and the tenant.

3. What should I do if I want to quit the lease before the rental time is full?

If you want to quit the lease before the rental time is completed, you need to bear the liability for breach of contract. If the contract stipulates the lease term and does not specifically stipulate early surrender, the tenant's early surrender is a breach of contract and needs to bear the liability for breach of contract; If the lessee violates the contract and quits the lease early, the lessor has the right to withhold part or all of the security deposit as agreed, but the lessor has no right to withhold the rent paid in advance by the lessee; If the tenant quits the lease early, he or she shall first reach an agreement with the lessor to terminate the lease contract, and then make an appointment with the lessor to inspect the rental house; If the tenant damages the house, he shall compensate.

Article 394 of the Civil Code.

If, in order to guarantee the performance of the debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property. The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

Article 562.

The parties may terminate the contract by consensus. The parties may agree on the grounds for one party to terminate the contract. In the event that a cause for termination of the contract occurs, the person with the right to terminate the contract may terminate the contract.

Article 577.

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 lessee contract is terminated before the inspection period is reached, it is a breach of contract, and the lessor may require it to bear the liability for breach of contract in accordance with the contract or the provisions of the law. 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 basisArticle 577 of the Civil Code.

Where a party fails to perform its contractual obligations or its performance of contractual obligations 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.

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.

In a housing lease, the lessee generally cannot terminate the contract in advance, but the contract can be terminated in advance if the following circumstances occur:

1. The lessor does not deliver the leased house, and still does not deliver it after being urged by the lessee;

2. The leased house delivered by the lessor does not conform to the agreement, resulting in the inability to achieve the purpose of the contract;

3. The leased house delivered by the lessor is defective and endangers the safety or health of the lessee.

1. What are the responsibilities of the landlord of the house?

Rental landlords have the following responsibilities:

1. The lessor shall deliver the leased property to the lessee in accordance with the agreement, and keep the leased object in accordance with the agreed purpose during the lease term.

2. The lessor shall perform the obligation to maintain the leased property, unless otherwise agreed by the parties.

3. If the lessee is unable to use or benefit from the leased property due to the third party's claim of rights, the lessee may request to reduce the rent or not pay the rent. If a third party asserts rights, the lessee shall notify the lessor in a timely manner.

4. If the lessor fails to notify the lessee or has other circumstances that hinder the lessee's exercise of the right of first refusal, the lessee may request the lessor to bear the liability for compensation. However, the validity of the contract for the sale and purchase of the house concluded between the lessor and a third party shall not be affected.

2. What should I do if there are potential safety hazards in the rented house?

The two parties may request the termination of the housing lease contract through negotiation. It is handled according to the terms of the contract. If there is no contract, the lessor may be required to repair within a reasonable period of time, and if the lessor fails to perform the maintenance obligation, the lessee may also 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 safety hazards of the leased premises are serious, endangering the safety or health of the tenant, resulting in the failure to achieve the purpose of the contract. It is possible to request the termination of the housing lease contract.

Article 730 of the Civil Code of the People's Republic of China.

Where the parties have not agreed on the term of the lease or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, it shall be deemed as an indefinite lease; The parties may terminate the contract at any time, provided that they notify the other party within a reasonable period of time.

Article 731 of the Civil Code of the People's Republic of China.

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 up to standard at the time of entering into the contract.

Legal analysis: If the individual lessee and the lessor have agreed on the lease term in the contract, if the lease contract is terminated in advance by the tenant of Tongshi, it is usually liable for breach of contract. However, in the following circumstances, the lessee has the statutory right to terminate the lease contract in advance and does not bear the liability for breach of contract:

1.If the tenant is not at fault, the leased house is damaged or lost, which usually refers to natural disasters or accidents, such as: **, fire, etc.

2.If the leased premises endanger the safety or health of the tenant, even if the tenant clearly knew that the quality of the leased property was substandard at the time of entering into the contract. For example, the rental house is a dilapidated house and may collapse at any time.

3.The lessor has entered into several valid lease contracts for the same premises, and the lessee who cannot obtain the leased premises has the right to terminate the contract.

4.In the housing lease contract, in the following three circumstances, the leased house is seized in accordance with the law, and the ownership of the leased house is disputed, and the leased house violates the mandatory provisions of laws and administrative regulations on the conditions for the use of the house, resulting in the unusability of the house.

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 property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property carried by the chartered vessel.

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.