How to solve the problem of landlord defaulting early but unwilling to pay liquidated damages when r

In such a situation, I will communicate with him first, and if the landlord still refuses to pay liquidated damages, I will take some necessary measures to complain to him. Because in my opinion, if the communication is fruitless, then there is no room for negotiation, and only making him pay his due price is the right thing to do.

My solution is to offer the landlord some terms that are beneficial to both parties, and if he still refuses, then let him do his part. Sometimes blindly tolerating it will only make the other party more arrogant, and when solving the problem of renting a house, if you breach the contract in advance, you will definitely have to pay liquidated damages.

I'm a particularly weak person, usually if the landlord rejects me, I definitely don't dare to say anything, at this time I will definitely ask my friends to come forward to help me solve this problem. First of all, communicate with him first, and if the communication fails, then think of other methods, in my opinion, it is more useful.

If the landlord is in breach of contract and is unwilling to pay liquidated damages, we have to communicate with him strongly, if we are very flustered at this time and have no master, then he will think that we are easy to bully, so he is unwilling to pay liquidated damages to us, we must analyze the law to him, let him know that he is doing this illegally. <>

I am a law student, if the landlord defaults in advance when renting a house, but is not willing to pay liquidated damages, I will definitely tell him about some of the regulations and relevant legal knowledge of renting a house, in my opinion this is a kind of communication, if he still refuses me, I will definitely take some necessary measures, at this time don't blame me for turning my face and not recognizing people. <>

The most memorable thing is that I worked in Guangzhou for 12 years. At first, I paid the landlord half a year's rent, but when I lived in the fourth month, the landlord asked me to move out, and I paid a deposit of 2,000 yuan when I paid the rent, and the landlord did not give me the deposit and the remaining two months of rent, so I found some information on the Internet to show him that he was the defaulting party.

I once rented a house outside, and the landlord was in a hurry to let me move out before the rent date, so I found a law student friend to explain the situation to him, let him know that he was the party at fault, and if I went to court to sue him, he would definitely lose the case, and he would have to pay me compensation.

If the landlord breaches the contract in advance but is unwilling to pay the liquidated damages, then go to the court to sue him, because the Chinese law is very fair, such a situation will definitely determine that the landlord is at fault, if the landlord insists on not paying the liquidated damages, then he will face a larger amount of compensation.

Legal Analysis: If you have signed an agreement and now the landlord is in default, you have the right to demand liquidated damages from the landlord. If the landlord refuses to pay you liquidated damages on the grounds that you don't have money, you can sue the court to claim your civil rights. After the court makes a judgment, it is sufficient to apply for enforcement.

Legal basis: "Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Opinions" Article 118 The lessor shall notify the lessee three months in advance of the sale of the leased house. If the tenant has the right of first refusal under the same conditions, and the tenant fails to sell the house in accordance with this provision, the lessee may request the people's court to declare the sale of the house invalid.

Summary. If the tenancy contract does not clearly stipulate the conditions for early termination and the specific amount of liquidated damages, you can refer to the relevant legal provisions. According to the provisions of the Contract Law, the parties may, in accordance with the basic principles of the Contract Law, negotiate outside the contract to determine the specific amount of liquidated damages.

If the parties are unable to reach a consensus through negotiation, they may file a lawsuit with the people's court, and the people's court shall make a reasonable amount of liquidated damages based on the comprehensive consideration of factors such as the nature of the contract, the performance of the contract, and the loss of breach of contract. However, the amount of liquidated damages is generally higher than the amount agreed in the contract, so it is recommended to clearly stipulate the conditions for early termination of the contract and the specific amount of liquidated damages when signing the rental contract to avoid unnecessary disputes and losses. <>

Hello dear! <>

Yes, if you tell the landlord in advance that you will not rent during the rental contract period, you need to pay a fee for violating the contract. According to the provisions of the Contract Law, one of the parties shall bear the corresponding liability for breach of contract if it violates the contract. In the rental contract, there is usually a clear agreement on the conditions for early termination of the contract and the specific amount of liquidated damages.

Therefore, if you cancel the contract early during the rental contract period, you must pay the corresponding penalty according to the contract.

If the tenancy contract does not clearly stipulate the conditions for early termination and the specific amount of liquidated damages, you can refer to the relevant legal provisions. According to the provisions of the Contract Law, the parties may negotiate to determine the specific amount of liquidated damages outside the contract in accordance with the basic principles of the Contract Law. If the parties are unable to reach a consensus through negotiation, they may file a lawsuit with the people's court, and the people's court will make a reasonable amount of liquidated damages based on comprehensive consideration of factors such as contractual properties, performance conditions, and losses for breach of contract.

However, the amount of liquidated damages is generally higher than the amount agreed in the contract, so it is recommended to clearly stipulate the conditions for early termination of the contract and the specific amount of liquidated damages when signing the rental contract to avoid unnecessary disputes and losses. <>

1. Can the tenant not refund the rent if he breaches the contract in advance?

It depends on whether the landlord is in default or the tenant is in default.

In the event of a breach of contract by the tenant, the landlord may not refund the penalty in accordance with the tenancy agreement. If you want to reduce the loss, you must negotiate with the landlord, and both parties must abide by the contract during the tenancy period, and either party must pay 10% of the annual rent to the other party as liquidated damages on an annual basis if it violates the provisions of this contract, depending on the severity of the facts. If the landlord breaches the contract and does not return the rent, he can negotiate to request a refund first, because the landlord does not refund the rent in breach of the real right, and if the negotiation fails, he can file a lawsuit with the court.

2. Common breach of contract in housing lease contract.

1. In the housing lease relationship, the party who requests to terminate the lease contract shall notify the other party one month in advance, otherwise it will be a breach of contract (unless otherwise agreed in the contract), and the other party has the right to demand that it pay liquidated damages. Road.

2. If there is an agreement on liquidated damages in the rental contract (the amount of liquidated damages for renting a rental is determined by the parties through prior agreement), the liquidated damages shall be paid according to the agreed proportion.

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

4. The payment of liquidated damages for rental is independent of the payment of rent, i.e., the payment of rent.

5. The two parties shall deal with the agreed amount in accordance with the lease contract, and if the negotiation fails, they can file a lawsuit in the court to settle it.

3. How to calculate the liquidated damages in the housing lease 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 compensation for breach of contract;

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. If the monthly rental fee is only 1,000 yuan, and the agreed amount of liquidated damages reaches 10,000 yuan, then the defaulting party can request a reduction.

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.

If the tenant destroys the house, the lessor may require the lessee to take remedial measures to repair the house or compensate for losses; If the lessee wants to break the contract, the lessor can request the deduction of the deposit or require the lessee to pay liquidated damages. Under normal circumstances, if the agreed liquidated damages exceed 30% of the losses caused, the other party may claim that the agreed liquidated damages are too high and request the court to appropriately reduce them.

1. The liquidated damages can be negotiated first, and if the negotiation fails, the compensation shall be made according to the agreement in the rental contract. 2. The law does not stipulate the standard for the specific amount of liquidated damages, and in the Contract Law, the determination of the amount of liquidated damages mainly follows the agreement of the parties, and if there is no agreement or the agreement is unclear, it shall be calculated according to the actual loss.

Legal basis

According to Article 585 of the Civil Code, if one of the parties fails to perform the first line of contractual obligations or the performance of contractual obligations does not conform to the agreement, resulting in 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 by holding the sails after the performance of the contract; However, 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.

The landlord shall pay liquidated damages for early termination of the rental contract in accordance with the agreement of both parties in the contract. This situation has constituted a breach of contract under the laws of our country, and we must bear the liability for breach of contract.

The majority opinion is to allow the victim to choose the right to make a single claim, holding that the victim can either request the infringer to bear the civil liability for breach of contract or bear the civil liability for tort, and the two can only choose one of the two, and the right to claim cannot be exercised.

The competition between liability for breach of contract and tort liability means that the debtor's illegal acts meet both the requirements for breach of contract and the elements of tort, resulting in the liability for breach of contract and tort liability arising together, and the liability for breach of contract gives rise to the creditor's right to claim for compensation, and the tort liability also triggers the creditor's right to claim for compensation. If the creditor is allowed to exercise the two claims without restriction, it will lead to the debtor being subject to double civil liability due to the overlapping claims, resulting in injustice.

1. What is the way to bear the liability for breach of contract stipulated in the contract?

1. Continue to perform.

When the debtor fails to perform its contractual obligations, the creditor may request the people's court or arbitration institution to compel the debtor to actually perform the contractual obligations.

2. Remedial measures.

If the parties perform their contractual obligations and the quality does not conform to the agreement, they shall bear the liability for breach of contract in accordance with the agreement of the parties. If there is no agreement on the liability for breach of contract or the agreement is not clear, the injured party may, according to the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, rework, return of goods, reduction of price or remuneration.

3. Damages.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses. The amount of damages shall be equivalent to the losses caused by the breach, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresaw or should have foreseen at the time of entering into the contract. After one of the parties breaches the contract, the other party shall take appropriate measures to prevent the expansion of losses; Where failure to take appropriate measures results in an increase in losses, no compensation shall be sought for the increased losses.

The reasonable expenses incurred by the parties in preventing the expansion of losses shall be borne by the breaching party. Mixed faults.