Can Party A unilaterally terminate the housing lease contract?

OK. After the conclusion of the housing lease contract, one of the parties may unilaterally request the termination. The law gives the lessor and the lessee the right to unilaterally terminate the rental contract, but when exercising this right, it is necessary to meet the statutory or agreed termination circumstances.

Otherwise, the act of rescission may constitute a breach of contract, and the other party needs to bear the corresponding liability for breach of contract.

Legal analysis

After the conclusion of the housing lease contract, one of the parties may unilaterally request the termination. The law gives the lessor and the lessee the right to unilaterally terminate the rental contract, but when exercising this right, it is necessary to meet the statutory or agreed termination circumstances. The landlord has the right to unilaterally terminate the contract if:

1) The tenant violates the agreed method or does not use the leased house according to the nature of the leased house. (2) The lessee delays in paying the rent, and the lessor still fails to pay the rent within the time limit after being urged by the lessor. (3) The lessee subleases the leased premises to a third party without the consent of the lessor.

4) If the parties have not agreed on the term of the lease or the agreement is not clear, it shall be regarded as an indefinite lease. The parties may terminate the contract at any time, provided that the lessor shall notify the lessee of the termination of the contract within a reasonable period of time. The lease agreement may not only be terminated, but also terminated.

However, both as a lessor or a lessee have the right to terminate the lease contract. However, when one party proposes to terminate the rental contract, the other party can pay more attention to see whether the other party's request for early termination of the rental contract is a breach of contract, and if so, then the other party can be required to bear the liability for breach of contract.

Legal basis

Civil Code of the People's Republic of China

Article 711 If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation 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.

Article 722 Where the lessee pays or delays the payment of rent with the consent of the lessor, the lessor may request 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.

Party A may terminate the contract. Under normal circumstances, if there is no special agreement in the lease contract, the contract has not expired and Party B is not at fault, Party A shall be liable for breach of contract if it unilaterally terminates the contract.

Hello, there is either a legal basis for the termination of the contract, or there is a contractual basis, otherwise it is a breach of contract; It is recommended to contact a lawyer to deal with it according to the content of the contract.

The lease contract can be unilaterally terminated under the following circumstances:

1. If the lessor fails to deliver the leased property and fails to deliver it within a reasonable period of time after being urged by the lessee, the lessee may terminate the contract.

2. If the leased object delivered by the lessor does not conform to the agreement, resulting in the lessee being unable to achieve the purpose of the lease, the lessee may terminate the contract.

3. If there is a shortage of the leased property delivered by the lessor, which endangers the safety of the lessee, the lessee may terminate the contract.

4. If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased object, resulting in the loss of the leased object, the lessor may terminate the contract.

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

6. If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request 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.

Legal basis

Article 711 of the Civil Code provides that if the lessee fails to use the leased property in accordance with the agreed method or according to 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.

In the event of statutory termination, the parties to the tenancy agreement may unilaterally terminate the tenancy agreement.

1. Can there be compensation for dismissal at the expiration of the contract?

According to the provisions of the Labor Contract Law of the People's Republic of China, if the employer does not renew the labor contract after the expiration of the labor contract, the employer is required to compensate the employee. Termination of contract includes both termination and unilateral termination. The rescission of the parties is a new contract entered into by the parties in order to extinguish the original contract of the gods, that is, the rescission of the contract.

Unilateral rescission refers to the extinction of the validity of the contract by one of the parties by exercising the statutory right of rescission or the right of rescission by agreement.

2. What are the precautions for unilateral termination of the contract?

The precautions for unilateral termination of a contract are that the unilateral termination of the contract can only be unilaterally terminated if the purpose of the contract cannot be achieved due to force majeure, and before the expiration of the performance period, one of the parties clearly states that the loss is eliminated or the non-performance of the main debt is indicated by its own behavior. In addition, the unilateral termination of the contract requires timely notification to the other party.

3. Can the contract be terminated if the other party breaches the contract?

OK. The contract may be rescinded if the breach of contract is necessary sufficient to render the purpose of the contract impossible to achieve. The termination of the contract is divided into two-party termination and unilateral termination.

Termination by both parties refers to the termination of the contract by negotiation between the two parties. Including the mutual agreement of both parties to terminate the contract, and the termination conditions agreed in the contract are fulfilled. Unilateral termination refers to the situation in which one of the parties terminates the contract solely due to statutory reasons.

Civil Code of the People's Republic of China

Article 563:In any of the following circumstances, the parties may terminate the contract:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

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;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.