What damages do I need to compensate for the landlord s unilateral breach of contract?

Party A (landlord) shall not repossess the house before the expiration date without reason.

The landlord renovates the house for a reason.

In general, the remaining rent and deposit will be refunded. And compensate you for three months' rent.

Three months' rent is conventional, and it is generally like this. The lawsuit is also supported by the law.

You didn't pay attention to this matter when it went to the police station, because after all, the person is the owner of the house.

You can talk like this, I agree with the decoration, but I want to continue to rent the house, 1, to compensate me for the loss of renovation time. Triple compensation per day, ask you the reason, you say that it is customary, which real estate agent will say so. 2.

Decoration can't interfere with my normal business, I'm a restaurant can't be renovated into a song hall, I'm a grocery store can't be renovated into a song and dance hall. (just figuratively).

At this time, he will definitely find all kinds of reasons, you can break it, he wants to increase the price, and you can compensate him a little bit.

The worst result is that both of you are people with a hard IQ, the landlord does not agree to return the money, the tenant does not agree to vacate the house, the landlord goes to the tenant's house to make trouble, and the two people meet at the police station to solve it.

The best result, two people talk like friends, give you a little less, he is satisfied, you are satisfied.

If there is no agreement in the agreement, it is generally settled through negotiation or arbitration. Refund of 3 months or all of the rent paid and the full rent for the remaining period.

Legal analysis: In the lease contract relationship, if the landlord breaches the contract and wants to repossess the house, as a tenant, first of all, he can refuse to move out and insist on the execution of the contract, and secondly, he can also ask for compensation and move out.

Legal basis: Civil Code of the People's Republic of China

Article 582:Where performance does not conform to the agreement, liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, on the basis of the nature of the subject matter and the size of the loss, choose to request the other party to bear liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.

Article 583: Where 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.

1. How to compensate for the landlord's unilateral breach of contract.

1. If the landlord unilaterally breaches the contract, compensation shall be made according to the standard of liquidated damages agreed by both parties in the contract. If there is no agreement in the contract, the compensation for the losses caused by the landlord's breach of contract shall be determined according to the specific losses of the renter.

2. Legal basis: Article 577 of the Civil Code of the People's Republic of China.

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.

Article 585.

The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, 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.

2. What are the conditions for the application of liquidated damages liability?

1. As a kind of subordinate contract clause, the liquidated damages are attached to the main contract, and the liquidated damages can only take effect if the main contract is valid;

2. The application of the penalty for breach of contract shall be based on the premise that the parties have agreed in advance, and in principle, the liquidated damages must be agreed upon by the parties in advance;

3. The existence of a breach of contract is only in the event of a breach of contract by one party, and the other party has the right to demand the payment of liquidated damages.

If the lease contract is neutralized and the landlord breaches the contract and wants to repossess the house, as a tenant, he may first refuse to move out and insist on executing according to the contract, and secondly, he may also ask for compensation and move out, and the compensation shall be determined in accordance with the contract or through negotiation, and if there is no agreement or the negotiation book cannot be completed, it may be decided by an arbitration institution or a court in accordance with the principle of compensation and loss or industry practice.

1. What should I do if the landlord does not rent the lease before the rental contract expires?

If the landlord breaches the contract and the rental contract has not expired, even if the landlord is willing to pay liquidated damages, the tenant can not move out, and the tenant has the right to follow the contract. If the original landlord violates the rental contract, in addition to liquidated damages, other losses must be compensated. Generally speaking, if the tenant or landlord terminates the lease agreement without authorization, the breaching party will be liable for compensation.

When signing the contract, both parties should agree on how to compensate for breach of contract, generally speaking, the compensation for breach of contract cannot exceed 30% of the loss. If there is a dispute between the parties over compensation, then they can only resort to legal form.

2. Should the original homeowner compensate for the leakage of the newly bought second-hand house?

Whether the original owner should compensate for the leakage of the newly bought second-hand house needs to be determined according to the specific situation. It is recommended to negotiate with the original landlord to settle the matter, and if the rental contract has not expired, even if the original landlord is willing to pay liquidated damages, the tenant can not move out, and the tenant has the right to execute the contract. If the original landlord violates the rental contract, in addition to liquidated damages, other damages will be compensated.

3. Can't I breach the contract after signing the agreement of intent?

Once you have signed an agreement of intent, you cannot breach the contract. According to the law, if the landlord breaches the contract, the tenant may require the landlord to bear the liability for breach of contract according to the provisions of the rental contract; If the tenant suffers losses due to the landlord's breach of contract, the tenant may claim compensation for the losses, and the specific amount of compensation shall be determined according to the specific losses of the tenant.

1. Compensation for the landlord's breach of contract after the deposit is paid.

Many people like to take a deposit when renting out a house to reduce the risk of tenants breaking their contract. However, the deposit is not only a restriction on the tenant's behavior, but also has a restrictive effect on the landlord's behavior. If the landlord regrets not wanting to rent out the property to the tenant after receiving the deposit, the landlord needs to compensate the tenant for double the deposit.

2. How to compensate for the breach of contract in advance of renting.

In the process of renting, the landlord may have various reasons to repossess the house in advance, such as some landlords want to repossess the house, and some want to repossess their own residence, at this time, how to compensate the landlord for breach of contract. According to the relevant provisions, 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. In the actual rental process, the landlord and the tenant can agree on the liability for breach of contract and compensation in the contract, generally whether the landlord breaches the contract or the tenant breaches the contract, they agree to pay the amount of liquidated damages for the deposit, and a few are calculated according to the time of non-performance of the contract.

3. Liquidated damages for the landlord's failure to perform the lessor's obligations.

If the landlord fails to fulfill the lessor's obligations, the tenant may terminate the tenancy contract, and if the landlord fails to fulfill the lessor's obligations and the tenant suffers losses, the landlord is also required to compensate for the damages.

Summary. Hello, I am glad to answer for you, dear, the landlord's unilateral breach of contract compensation is as follows:1

continued performance, also known as compulsory performance; 2.take remedial action; 3.compensation for damages; 4.

Deposit liability; 5.Liability for liquidated damages, also known as penalty for breach of contract.

Hello, I am happy to answer for you, dear, the landlord unilaterally violates the contract of compensation in the following ways and roll: 1continued performance, also known as compulsory performance; 2.

take remedial action; 3.compensation for damages; 4.Deposit liability; 5.

Liability for forfeiture for breach of contract, also known as penalty for breach of contract.

Legal basis: Article 577 of the Civil Code of the People's Republic of China 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. Article 578 of the Civil Code of the People's Republic of China: Where one of the parties expressly states or shows that it does not perform its contractual obligations by its own behavior, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

<> if the landlord breaches the contract and there is an agreement in the rental contract, compensation shall be made in accordance with the contract, and if there is no agreement or the agreement is not clear, the compensation shall be based on the actual loss, and the amount of compensation shall not exceed 30% of the total rent amount during the lease period.

Legal basis. Article 584 of the Civil Code of the People's Republic of China.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the quarrel 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.

Article 585 of the Civil Code of the People's Republic of China.

The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the 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.