Disputes over lease contracts and rents for housing leases

In civil law, there is the principle that the sale does not break the lease. This means that if the house is already leased, the lease contract is valid for the new owner. As for you only paying half a year's rent, if you only pay half a year's rent according to the contract, then the new landlord cannot refuse to perform the contract for reasons in turn.

In addition, the contract law also stipulates that if the house is leased, the lessee has the right of first refusal if it wants to **. That is, if both the tenant and the third party claim to buy the house, the landlord needs to sell the house to the tenant under the same conditions.

It is possible to request the continuation of the performance of the contract.

Article 229 of the Contract Law stipulates that if the ownership of the leased property changes during the lease period, the validity of the lease contract shall not be affected. Accordingly, during the validity period of the lease contract, if the ownership of the leased property changes due to sale, inheritance, etc., the lease contract is still valid for the new owner, and when the new owner fails to perform the lease obligation, the lessee can use the lease right against the new owner, which is called "sale does not break the lease" in theory.

According to the principle of buying and selling without breaking the lease, you can continue to live there. If the negotiation fails, let the other party compensate you for your losses.

Legal basis: Contract Law of the People's Republic of China.

Article 229 If the ownership of the leased property changes during the lease period, the validity of the lease contract shall not be affected.

1.If the two parties sign a lease contract, and there are clear provisions in the contract for checking out halfway after renting, then the provisions of the contract will be followed.

2.If there is no provision in the contract, you can negotiate with the landlord to solve the problem of checking out and returning the remaining rent after renting, and after the two parties reach an agreement through negotiation, the agreement will be implemented.

In real life, the lessee will quit less early because according to the provisions of the Civil Code, although the two parties have not clearly signed the contract or there is no agreement in the contract to deal with the halfway quit of the lease, according to the general transaction customs, early surrender to the lessor will cause certain losses, so the lessee has to compensate for certain losses, that is, the return of rent will be less.

3.If the landlord insists on not returning the remaining rent, the tenant can sue for settlement.

1. Can I refund the deposit if I don't want to rent the façade before it expires?

It can be refunded, but it may be necessary to pay liquidated damages, depending on the agreement between the two parties. If there is a clear provision in the contract that you can move out in the middle of the house after renting, you can check out. The contract clearly stipulates:

During the lease period, if Party B needs to quit the lease in advance, it shall notify the other party one month in advance, and pay liquidated damages at 200% of the monthly rent, and Party A shall also repay the corresponding rent.

2. How to compensate for the loss of liquidated damages in the rental contract.

1) If there is an agreement on liquidated damages in the lease contract (the amount of liquidated damages for renting a lease is determined by the parties through prior agreement), the liquidated damages shall be paid in accordance with the agreed proportion. If the two parties agree that the liquidated damages in the housing lease contract are one month's rent when signing the contract, then once the contract is breached, the lessor can require the lessee to pay the same amount of liquidated damages as one month's rent as liquidated damages;

2) If the agreed liquidated damages are too high or too low, they may be requested to be changed, and if the agreed liquidated damages exceed 30% of the actual losses, it may be considered that the agreement is too high and may be reduced.

3) If there is no agreement on liquidated damages in the housing lease contract, the liquidated damages shall be calculated according to the actual losses caused to you by the other party's breach of contract and the deposit and excess room fees shall be returned.

4) The payment of liquidated damages for renting is independent of the payment of rent, that is, the payment of rent, that is, if the tenant still owes the lessor 1,500 yuan in rent, then the liquidated damages in the housing lease contract are not included in the 1,500 yuan.

5) Handling of liquidated damages for rent: both parties shall deal with the agreed amount in accordance with the agreement of the lease contract, and compensate the agreed amount, and if the negotiation fails, they can file a lawsuit in the court.

Article 577 of the Civil Code: If a party 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.

Article 584 of the Civil Code: Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent 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.

Hello! According to the law: the lessee has the right of first refusal and the right to continue the lease!

That is to say, when the landlord sells the house, he should first ask you whether you need to buy first, and if you don't need to buy first, you should sign for confirmation! Otherwise, you can sue for pre-emption.

At the same time, according to the law, "the sale does not break the lease". This means that no matter who buys the house, your lease option continues to be valid and you can wait until the lease expires to move out!

Therefore, if you continue to lease, you can talk to the other party, and if you can't negotiate, the other party must move you out, you can sue the people's court!