Find an agent and the rental contract is not valid. Didn t stay a day. I don t want to rent now, how

1. At present, most of the intermediaries are informal, and there is no unified management, so if you want to sue them for fraud, it will not be established, because they have not defrauded you of anything.

2. You read the contract in detail, there will be an item in it, if both parties are in breach of contract, the deposit will be deducted, but the rent is not entitled to be deducted. So the rent can be returned. If you don't return, you can call the police.

3. The intermediary company is a medium, selling information, taking you to see the house, renting a house, and after signing the contract, it is basically completed, so it is unlikely that you will hold them accountable, and the only one who can negotiate is the landlord. Try to negotiate with a good attitude, and if it doesn't work, find the police to adjust.

Hope it helps.

According to Article 45 of the Contract Law, "the parties may agree on conditions for the validity of a contract. A contract with conditions for entry into force shall enter into force when the conditions are fulfilled". Because when you sign a contract with an intermediary, it is written that the contract is signed by three parties and stamped to take effect, and when you come back and find that the contract is not sealed, it does not meet the conditions for the contract to come into effect, so the contract has not yet taken effect.

Since the contract has not yet come into effect, you can claim the return of rent and deposit in accordance with Article 58 of the Contract Law, which stipulates that "after a contract is invalid or revoked, the property acquired as a result of the contract shall be returned". The provision provided by law that "the party who paid the deposit rejects the deposit and does not return the deposit" is a provision for a valid contract and is not bound by this provision before your contract has entered into force. If the negotiation fails, you have the right to file a lawsuit in court.

If you do not have sufficient evidence, the police will not be able to file a case against you against the intermediary for "suspected fraud".

1. You must determine what the seal refers to (official seal or private seal)? If the intermediary is documented (with an official seal), it is the first breach of contract by him. Generally speaking, the landlord and you must be natural persons, and natural persons do not have official seals, and only private seals are certainly not as reliable as handprints.

Therefore, it is difficult for intermediaries to justify themselves by using text to find the other party's loopholes. As for whether he gives you a deposit, it depends on the quality of the intermediary. If the landlord is real and qualified, and you also sign in person, it is estimated that it will be difficult for you to get the rent back.

Unless the landlord and the rental property do not meet the conditions you agreed upon.

2. As for whether the intermediary is suspected of fraud, the first condition is whether the intermediary fabricates facts (that is, whether the rental house and the landlord are true and reliable); Secondly, they charge you funds must be up to a certain amount; can constitute fraud.

It is estimated that the agent will not refund the rent to you in the name of your breach of contract. In fact, your purpose is only to rent a house, as for whether the agent is reliable or not, that is just your feeling, not a necessary condition for renting a house, because even if he is not an agent, as an introducer, you have to care about whether the house he introduced to you is legal (reliable or unreliable), as long as the house is legal (reliable), then it doesn't matter if the agent is reliable or not.

Signatures are just as valid. The liquidated damages stipulated in the contract cannot be recovered. Rent is OK.

You can also post a message on the Internet to rent out, or be kind. Although you can't kill a person with a stick, there are indeed too many people who are intermediaries with poor professional ethics... n Many people are disgusted.

Legal analysis: In the general signed rental contract, there is often a deposit, when the contract does not expire and does not rent, then the deposit is basically not available, this is considered liquidated damages, because according to the contract to execute, it is a breach of contract, and the corresponding liquidated damages should be paid. If you don't want to rent, first contact the landlord, tell the landlord that you don't want to continue renting, explain the reason for not renting, and then reach a common intention not to rent, so as not to rent.

Legal basis: 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 other 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.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

According to the provisions of the civil law, if the contract between the two parties wants to be terminated early, it must be agreed by both parties. If you unilaterally do not want to rent but the landlord does not agree, then you are in breach of contract and the landlord can not refund the deposit.

This is also a breach of contract.

Questions. What happens to the agent if I don't need a deposit?

You can not pay, if the other party does not sue you, it will be fine, if you sue you, then you will definitely lose the case.

Questions. Because I quit my job, I don't have an income, I can't pay her, and our relationship is stiff.

It's set for one person and a half, but I don't want to continue to pay the rent for the next month, I want my friend to pay the full amount by himself, and I chose to give my friend the deposit, is it illegal?

If your friend agrees, it's not illegal.

If he doesn't agree, then you are violating the Civil Code. He can sue you.

Questions. How should I tell my friends about the deposit?

Tell him about your predicament. There is no income** and no balance to pay.

Questions. Said that the deposit was not given to her, and then the rent was paid by herself, how to say.

You can tell him that your decision to move out suddenly, you know it's wrong, but there's no way, you really can't afford to pay. However, you choose to give her all the deposit you gave to the agent as compensation for her.

This situation is like giving a slap in the face and another candy, and he may be more receptive.

Legal analysis: the lease contract does not expire and does not want to rent, first of all, we must carefully look at the terms of the contract on termination, to see whether you enjoy the unilateral right of arbitrary termination, if there is no such agreement, the reason for your termination of the contract is very important, and the round answer is not to see if there are statutory reasons for termination, such as force majeure, the lessor's breach of contract and still non-performance after reminders. If there is still no statutory reason for termination, you can only negotiate with the lessor, I suggest that you give the lessor a reasonable time to prepare in one fell swoop, or assist in renting the house again, if you incur costs in the process, you should also bear a part of it, otherwise the landlord may withhold the deposit or sue you in court for a heavier liability for breach of contract.

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

Article 562:The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563:The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

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;

4) The parties delay the performance of debts or have other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Summary. Hello, legal analysis: what should I do if I don't want to rent if the rental contract has not expired What should I do if I don't want to rent a house without a contract, and I don't want to rent a house on the day of check-in:

If you don't want to rent a house but the contract has not expired, you can negotiate between the two parties to settle it, or you can sublet. The lessee may sublease to a third party with the consent of the lessor.

What should I do if I don't want to rent a rental contract before it expires?

Hello, legal analysis: what should I do if I don't want to rent a house if the contract for renting a house has not reached the materialistic period, and I don't want to rent a house on the day of check-in: if you don't want to rent a house but the contract has not expired, the two parties can negotiate to settle it, or you can sublease it.

The lessee may sublease to a third party with the consent of the lessor.

Legal basis: Article 585 of the Civil Code provides that the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the calculation method 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 high and the losses caused are concealed, 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.

Legal analysis: It is a breach of contract if the intermediary rental contract does not expire and does not want to rent. Negotiate mediation with the intermediary first.

If the negotiation fails, the person shall bear the liability for breach of contract. If a party fails to perform its contractual obligations or its performance 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.

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 provisions of the contract, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties clearly states or shows by its own conduct that it does not perform its obligations under the contract, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

There are two situations in which the rental contract is signed and does not want to rent before it is lived: one is that the lessor breaches the contract, and the lessee requests to terminate the contract, and there is no need to compensate; The other is that the lessee unilaterally terminates the contract, and if it constitutes a breach of contract, it needs to bear the liability for breach of contract, and if it causes damage to the cover, it needs to be compensated.

Article 562 of the Civil Code: The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to dissolve the contract and call for the termination of the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

You can go without a deposit. Because it's an individual's right.

However, whether you are liable for breach of contract depends on the specific breach of contract in the rental contract you signed with the landlord. For example, whether there are damaged items and the corresponding liability for compensation, whether there are water and electricity bills for the month paid, etc., if there are no such circumstances, and there is no other breach of contract, there is no liability for breach of contract.

However, it is not the best solution to go without a deposit, so it is recommended to negotiate with the landlord to resolve it or notify the landlord.

If you sign a rental contract, you don't want to rent anymore, and you want to get the deposit back, you have to pay liquidated damages, so it's better to sublet the house out and get the deposit back when the time comes.

This can be a bit difficult, you have to communicate well with the other person, if the landlord is good at talking, he may refund you, if he is not good at talking, he may take a part. p

Negotiations can be made to recover losses.

If the housing lease contract has not expired and the lessee unilaterally terminates the lease contract, it shall bear the liability for breach of contract in accordance with the lease contract. If the lease contract does not stipulate the liability for breach of contract, the lessor shall be compensated for its losses.

The lessor's loss is the loss of rental income resulting from the inability to lease for the remainder of the contract. That is, if the house is not rented out during the remaining term of the contract, the tenant has to pay the rent for the remaining period; If the property is rented out for the remainder of the contract, the tenant will only be liable for the loss of rent before the lease is released.

1 The validity of a contract is a key legal concept. Please confirm that the rental contract between you and the landlord clearly states that this contract will be effective from April. If it is only agreed, the rental starts in April. Then the contract is in force from the time it is signed.

2. If the contract takes effect from the date of signing, you shall be liable for breach of contract in accordance with the contract; If the contract is not yet in force, the landlord can hold you liable for contractual negligence.

3 The deposit is not a deposit and cannot be seized.

For more information, please contact! Best wishes!