Does article 233 of the Contract Act apply in this case?

The situation you are referring to should not yet fall within the category of "the leased property endangers the health of the lessee" as stipulated in the Contract Law"In this case, you cannot ask for a termination of the contract on this ground, and you cannot ask the landlord to return the remaining rent and deposit.

Article 233 of the Contract Law If the leased property endangers the safety or health of the lessee, the lessee may 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.

This article is about the lessee's right to terminate if the quality of the leased property is not up to standard.

The lease contract is a contract for compensation, and the laws of various countries generally stipulate that the relevant provisions of the sales contract shall apply to the lease contract, and the lessor of the lease contract shall be liable for defects in the leased property just like the seller of the sales contract. The lessor's warranty liability for defects includes the warranty liability for defects in things (also known as the warranty liability for defects in quality) and the warranty liability for defects in rights. The lessor's rights are defective, and the guarantee means that the lessor shall guarantee that the lessee will not be able to use the proceeds because of a third party's claim against the lessee.

The guarantee for defects in the lessor's property means that the lessor shall guarantee that the leased property delivered can be used normally for the tenant and buried in accordance with the contract. There are two conditions that constitute the lessor's warranty liability for defects in the bad thing:

1.The leased property is defective. The leased property is defective, that is, the quality or quantity of the subject matter does not meet the agreed standards, or does not conform to the ordinary use state of the subject matter. If the leased property is defective before or after delivery, the lessor shall be liable for the defect guarantee.

2.The lessee was unaware of the defects in the leased property at the time of the conclusion of the contract, and there was no circumstance that could exempt the lessor from liability.

Legal basis: 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 knows that the quality of the leased property is unqualified at the time of entering into the contract.

Article 712 of the Civil Code of the People's Republic of China The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties. Article 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 repair 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 tenant, the lessor shall not bear the maintenance obligation provided for in the preceding paragraph.

The Contract Law has ceased to exist, and Article 253 of the Contract Law has been transformed into Article 772 of the Civil Code. The specific provisions are as follows: Unless otherwise agreed by the parties, the contractor shall complete the main work with its own equipment, technology and labor.

Otherwise, the contractor can terminate the contract.

The Chinese are as bad as the Civil Code of the People's Republic of China

Article 700 is Article 72.

The contractor shall complete the main work with its own equipment, technology and labor, unless otherwise agreed by the parties.

If the contractor entrusts the main work contracted by the contractor to a third party to complete, it shall be responsible to the contractor for the results of the work completed by the third party;

Without the consent of the contractor, the contractor may also terminate the contract.

Civil Code of the People's Republic of China

Article 773.

The contractor may entrust the ancillary work contracted by the contractor to a third party. If the contractor entrusts the auxiliary work contracted by the contractor to a third party to monitor and complete, it shall be responsible to the contractor for the results of the work completed by the third party.

According to Article 231 of the Contract Law, if the leased property is partially or wholly damaged or lost due to reasons not attributable to the lessee, the lessee may request a reduction in rent or non-payment of rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the leased property, the lessee may terminate the contract.

Therefore, the lessee may request to terminate the contract in the event of partial or total damage or loss of the leased property, and at the same time request the lessor to return the rent, compensate for the loss and bear the liability for breach of contract. However, this is not an unconditional termination, and the lessee needs to prove the fact that the leased property was damaged and that the purpose of the contract could not be achieved due to the damage to the leased property. If the lessee fulfills that burden of proof, it is more likely to succeed.

Hello, I think it's okay for you to be in this situation.

According to Article 231 of the Contract Law of the People's Republic of China, if the leased property is partially or completely damaged or lost due to reasons not attributable to the lessee, the lessee may request a reduction in rent or not pay the rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the leased property, the lessee may terminate the contract.

You said that part of your façade was demolished in violation of regulations, resulting in the destruction of part of the leased property, this reason has nothing to do with you, but it has a lot to do with the lessor, it is his own rental house is not an illegal building, he should be very clear, you can unconditionally terminate the contract with the landlord and ask for a refund of rent and related losses. If you can't reach a deal, you can sue to settle the matter.

It is possible to sue and we are also in this case, and the court upholds it.

Criminal Law of the People's Republic of China.

Article 266.

Fraud of public or private property, where the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

Contract Law of the People's Republic of China.

Article 203 If the borrower fails to use the loan in accordance with the agreed purpose of the loan, the lender may stop disbursing the loan, withdraw the loan in advance, or terminate the contract with the Hidden Tourism Bureau.