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The property law clearly stipulates that the tenant has the first right to purchase, that is to say, the owner wants to sell the house, you must first ask the tenant what he means, whether he intends to buy, and properly handle the issue of compensation for your lease, in fact, many tenants do not know that they have such a right, so it is often the tenant who suffers.
You don't have to worry about it this time. As long as you come forward, the sales contract they sign can be judged invalid as the case may be.
Good luck.
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1: You don't have to cooperate with the house to see the house, this is your right, if you really want to sell, you also need to confirm that you give up the limited right to purchase, 2: and then renew the contract to wait for the new owner to get the real estate certificate is okay, if you want to protect your own interests, don't be too troublesome, negotiate your requirements with the current owner, and then look at the house.
3: If you confirm that you agree with the landlord**, you can negotiate 1 or 2 times the compensation of your deposit.
You also have the right to speak if you don't say anything after the owner signs the sales contract, you go to tell him that you want to buy his or her house, and then he and she want to eat a lawsuit, what conditions are based on yours, you can extort a lump sum, if you sign before the first to sign the right to buy can refuse to sign).
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You can ask for continued performance of the contract and refuse to move out of the house. If the landlord insists on canceling the tenancy contract, you can ask the other party for compensation, and as for how much, you can negotiate on the grounds that you can ask the other party to pay for the rent, and try to claim compensation from the other party for 1 to 3 months.
During the lease period, it does not affect **, but you can make an appointment with the landlord, and you are not allowed to see the house at other times outside the agreed time.
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If there is no compensation clause in the contract for unreasonable cancellation, then you will have to negotiate, and you will not have an advantage.
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1. If the lessor sells the leased house, it shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the right of first refusal to purchase under the same conditions, in accordance with Article 230 of the Contract Law. In other words, this clause in the contract is legal and well-founded, if you also want to buy a house, you can sue the court to revoke the landlord's transfer contract, if you don't want to buy a house, then ignore this clause. 2. If the ownership of the leased property changes during the lease period, it does not affect the validity of the lease contract, which is based on Article 229 of the Contract Law.
Even if the landlord transfers the property to a third party, you have the right to live in the lease contract until December 23, 2012. 3. If you don't want to live or the landlord tosses you can't live, then you can ask the landlord to bear the liability for breach of contract according to the law. 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 accordance with Article 107 of the Contract Law.
As for lost work expenses, moving expenses, new house decoration costs, etc., these can be included in the scope of loss, of course, you must have evidence to prove that you do have losses, such as showing receipts for moving expenses, etc. Suggestion: Continue to rent instead of moving, otherwise you will have to solve the problem through litigation, which will take more time.
It is sufficient to choose to continue the lease in accordance with the law.
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In the case of housing lease, if the contract has not expired and the lessor breaches the contract, if there is an agreement in the lease contract for breach of contract, it shall be handled according to the contract, and if there is no agreement, the lessee may require the lessor to bear the liability for breach of contract, such as compensation for losses, payment of liquidated damages, etc.
If the landlord breaches the contract by taking over the house in advance, the liability and compensation for breach of contract shall be stipulated in the contract. If the landlord fails to fulfill the obligations of the lessor and the tenant terminates the rental contract, the landlord shall compensate for the losses incurred by the tenant due to the landlord's failure to perform the obligations of the lessor.
If the original landlord violates the rental contract, in addition to liquidated damages, other losses must be compensated.
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. 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 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, but shall not exceed the losses that may be caused by the breach of contract that the party in breach of contract foresaw or should have foreseen at the time of entering into the contract.
Hello, are you satisfied with the answer I provided? If you have anything else you want to ask, you can say it, and I will try my best to answer it for you!
Question: But I've had a night of arguing with them, what do they do?
How long did it last.
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1. Circumstances of early termination of the lease contract.
The lessor may terminate the lease contract and take back all or part of the leased house under the following conditions: (1) the lease agreement expires, and the lessor takes back the leased house according to the contract; (2) If the agreement has not expired, the lessor's family population has increased and the housing is difficult, and the tenant can negotiate with the lessee to recover the leased house; (3) The tenant of the house does have another house, and the rented house has been idle for a long time and cannot be used to the fullest; (4) The tenant intentionally or negligently damages the rented house, changes the use of the house, or refuses to repair or compensate.
If the lessee does not allow the lessor to terminate the lease contract in advance under the above circumstances, the lessor may sue the people's court where the house is located and request the court to mediate or make a judgment to protect its legitimate rights and interests.
2. How to compensate for early termination of the lease contract?
Q: This year, I rented a storefront room for two years. After 3 months of operation, I was unable to continue renting the property for some reason and asked the landlord to terminate the contract.
The landlord said that it was okay not to rent, but I would pay him the rent for the remainder of the lease. Excuse me, if I cancel my rental contract early, will I have to pay the landlord so much money?
Answer: The principle of dealing with such disputes is that if there is an agreement in the lease contract, it shall be handled according to the agreement; If there is no agreement, it shall be determined whether the lease contract can continue to be performed. The contract can only be terminated when it is truly impossible to continue to perform or when the performance becomes unnecessary.
As for the compensation for the early termination of the lease contract, if the lease contract does not stipulate this, if the lessee unilaterally terminates the contract, the lessee shall compensate the lessor for its losses. Generally speaking, if the remaining lease term exceeds 3 months, the compensation amount will be calculated and paid according to 3 months' rent; If the remaining lease term is less than 3 months, the compensation amount shall be calculated and paid based on the rent of the remaining lease term. Therefore, in your case, you need to compensate the landlord for 3 months' rent.
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Compensation for breach of contract shall be made in accordance with the contract signed by both parties at that time.
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At most, it is to give an extra rent to stay. Or maybe a little less.
Any more is no deposit. It's up to the sky.
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This generally depends on whether there is a clear breach of contract compensation clause on the rental contract, if there is, according to the above, if not, it is actually difficult to say clearly, just like you said that the landlord will bite back, at most, it will actually be adjusted, or the information and ** sent when you pay the rent can be used as proof, in fact, it is still troublesome to compare prices, and in the future, this kind of insurance will be written clearly on the contract in advance.
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Yes, provide evidence that you contacted the landlord before paying the rent, and the tenant is required to pay compensation according to the contract.
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If this is the case, then you have the right to seek compensation and consider hiring a lawyer.
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Ask the lawyer about this advice, after all, you have evidence that he doesn't take **.
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Circumstances of statutory termination of contract:
In practice, in principle, both parties should abide by and perform the lease contract signed in accordance with the law, and if either party breaches the contract, it needs to bear the corresponding liability for breach of contract, and the non-breaching party can request to continue to perform the lease contract, unless there is a circumstance that the lease contract can be terminated by law.
According to the provisions of the Civil Code, the parties may unilaterally terminate the contract under any of the following circumstances:
1) The purpose of the contract cannot be achieved due to force majeure.
For example, force majeure such as floods, policies, and social disturbances make it impossible to achieve the purpose of the contract.
2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own behavior that it will not perform the main obligation.
For example, the landlord moves out the tenant's belongings, or sublets the house to someone else, etc.
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.
If the tenant fails to pay the rent within the time limit, the landlord may terminate the lease contract if the tenant still fails to pay the rent after being reasonably urged by the landlord.
4) One of the parties is unable to achieve the purpose of the contract due to delay in the performance of debts or other breaches of contract.
If the tenant destroys the rental property and makes it impossible to rent it normally, the landlord can terminate the lease contract and claim compensation.
5) Other circumstances stipulated by law.
Therefore, when the tenant has the above situation, the landlord can choose to terminate the lease contract in advance according to the actual situation, and even require the tenant to compensate for the loss.
The landlord cannot forcibly terminate the tenancy contract.
When the lease contract has not expired, there is no statutory termination of the contract, and the tenant is unwilling to negotiate the termination of the contract, the landlord cannot forcibly terminate the lease contract.
1. How to compensate for the operating losses caused by the termination of the lease contract in the Civil Code.
If the lessor terminates the lease contract in advance, if the contract stipulates compensation for business losses, compensation shall be made in accordance with the contract. If there is no agreement, compensation shall be made according to the actual losses caused by the lessee.
Civil Code of the People's Republic of China
Article 577:[Liability for Breach of Contract]Where 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 liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 584:[Scope of Damages]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 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.
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If the contract has not expired, you can pay him liquidated damages and ask him to move out, which is generally not handled by the police station and will require you to sue directly.
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Since there is no written agreement in your contract, if you can prove that you have verbally agreed to do so, you can terminate the lease contract with 2 months' notice. You can call the police, but the police will usually mediate, and if the mediation fails, you need to go to court.
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Hello. Your early termination of the contract constitutes a breach of contract and you shall pay liquidated damages to the other party.
The liquidated damages shall be determined in the following order: if the two parties agree in advance - the two parties negotiate afterwards - the negotiation fails, and the amount of liquidated damages generally does not exceed the total price of the unperformed part of the contract. Therefore, you can return two months' rent to the other party.
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I'm really convinced by your group of landlords, never according to the contract, I also met this kind of landlord, the contract has not expired and forced the lease to be renewed, otherwise I will ask to move out in advance, I don't care anyway, according to the contract, it is reasonable to go all over the world, I am afraid that you will not succeed!
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It's been eight lifetimes of bad luck to meet a landlord like you.
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Legal analysis: The landlord can negotiate with the landlord for early termination of the rental contract. The parties may agree on the conditions for terminating the contract, and when the conditions for rescission are met, the party entitled to terminate the contract may terminate the contract.
If the lessee fails to use the leased property in accordance with the prescribed method, resulting in the loss of the leased property, the lessor may terminate the contract and destroy it and claim compensation for the loss.
Legal basis: Civil Code of the People's Republic of China
Article 577:Where 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 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 unclear and uncertain, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear the liability for breach of contract such as repair, rework, replacement, return of goods, reduction of price or remuneration.
Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner 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.
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Can a rental landlord terminate a contract early?
After the housing lease contract is signed, both parties cannot terminate the contract at will and without authorization, however, in accordance with the provisions of China's Civil Code, the landlord, that is, the lessor, has the right to terminate the contract before the expiration of the housing lease contract, mainly including the following situations, which can be divided into the following two categories:
1) Termination of the agreement.
The parties may terminate the contract by consensus. If the two parties agree in the contract in advance to terminate the contract when signing the housing lease contract, or if the two parties form a new contract in the process of performing the provisions of the contract, then in both cases, the lessor can terminate the contract in advance when the conditions for the termination of the contract are agreed upon by the parties.
2) Statutory rescission.
According to the provisions of the Civil Code, the lessor may terminate the contract in advance, regardless of whether the parties have agreed to terminate the contract in the following circumstances.
1. The purpose of the contract cannot be achieved due to force majeure. In the course of the performance of the contract, there is an event that is not attributable to the tenant that causes extensive or total damage to the premises, such as a fire caused by a lightning strike, which destroys the premises, in which case the lessor may terminate the contract early.
2. The tenant does not use the house in accordance with the agreed method or the nature of the house. If the tenant fails to use the house in accordance with the agreed manner or does not follow the nature of the house, resulting in the loss of the house, the lessor may terminate the contract in advance.
3. The tenant subleases the house without authorization. If the lessee does not sublet the premises to a third party through the consent of the lessor, the lessor may terminate the contract in advance.
4. The lessee does not pay the rent. If the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require the lessee to pay within a reasonable period of time, and if the lessee fails to pay within the time limit, the lessor may terminate the contract.
5. There is no agreement on the lease term between the two parties or the agreement is not clear. If the two parties have not agreed on the lease term of the house or the agreement is not clear, it can be regarded as an indefinite lease, and both parties can terminate the contract at any time, but the lessor shall notify the lessee before a reasonable period of time to terminate the contract.
2. Can I claim compensation after the termination of the rental contract?
After the lease contract is terminated, can the tenant claim compensation from the other party? In the contract, the principle of liability depends on whether one of the parties has breached the contract, so whether the landlord needs to bear the liability after the early termination of the tenancy contract also needs to be considered on a case-by-case basis. The law stipulates that the landlord may terminate the rental contract in advance, and if the landlord does not meet these conditions when terminating the contract, then the landlord's behavior can be deemed to constitute a breach of contract, and the tenant can claim compensation from the landlord.
Of course, if the landlord terminates the contract under the law, then his actions are legal and he is not liable for compensation.
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