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Legal analysis: The rent can be refunded, but there will be liquidated damages. During the lease period, both parties must abide by the contract, and if either party violates the provisions of this contract, it shall pay 10% of the annual rent to the other party as liquidated damages on an annual basis.
If Party B fails to pay the rent within the time limit, Party A has the right to charge Party B a late fee of 2% of the monthly rent for each day of overdue. During the lease period, if either party proposes to terminate the contract, it shall notify the other party in writing one month in advance, and sign the termination contract after negotiation between the two parties, and this contract shall remain valid until the termination contract is signed.
Legal basis: Civil Code of the People's Republic of China
Article 577:Where one of the parties fails to perform its obligations under the contract or its performance of its obligations under the contract 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 578:Where one of the parties clearly states or shows by its own conduct that it does not perform its contractual obligations, the other party may request that it sue the party 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.
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Summary. Dear, this depends on the breach of contract clause to see whether it can be refunded.
If the house is not expired and I don't want to rent it, can I get the rent back?
The term of the contract is one year, and the rent is paid once every three months, and I don't want to continue renting after a month.
Dear, this depends on the breach of contract clause to see whether it can be refunded.
Dear, this situation has to be negotiated with the landlord, depending on the contract you signed.
I also paid a month's deposit, and now the landlord does not return the deposit, and the rent is not refunded, and I have to wait until when the house is rented out and then check out the rent.
The contract doesn't say what to do if you don't rent it when it doesn't expire.
Dear, this is normal. Generally, there will be a breach of contract clause. If it is not written, you can ask for a refund of the deposit.
Now what do I need to do?
Dear, you can only negotiate with the landlord. Once you have finalized the contract, you can decide if you can get the deposit and rent back.
The landlord does not answer ** now, does not negotiate.
If there is no breach of contract clause, you can ask the other party to return the rent and deposit.
Legal basis: Article 577 of the Civil Code of the People's Republic of China [Liability for breach of contract] 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 704 [Main Content of the Lease Contract] The content of the lease contract generally includes the name, quantity, purpose, lease term, rent and payment period of the leased orange mess, the first file of the square circle, and the maintenance of the leased object.
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Legal Analysis:1If the nature or rules of the deposit are not specified in the rental contract, the deposit is treated as a rental advance and is to be returned in any event.
2.Where a party pays a lien, guarantee, security deposit, contract money, deposit, or deposit, etc., but does not agree on the nature of the deposit, the people's court will not support the party's claim for the right to the deposit.
3.Unless otherwise agreed in the contract, the landlord shall refund the full amount of the rental deposit to the tenant without interest on the day after the tenancy relationship is terminated and the tenant vacates, and all fees payable are cleared and paid.
4.If there is property damage during the rental period, the deposit can be deducted accordingly, and the deposit should be refunded after deducting the property loss.
Legal basis: Article 734 of the Civil Code If the lease term expires and the lessee continues to use the leased property, and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease term shall be indefinite. At the expiration of the lease term, the tenant of the house has the right of priority to lease on the same terms.
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Legal analysis: Generally, no refund will be given. A contract established in accordance with the law shall be legally binding on the parties.
The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization. If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement on the payment of losses, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Legal basis: Article 582 of the Civil Code of the People's Republic of China: Where performance does not conform to the agreement, the 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, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear liability for breach of contract, such as repairing, reworking, replacing pins, returning goods, or reducing the price or remuneration.
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If the landlord does not breach the contract, then the termination of the contract requires the payment of compensation according to the contract, and the two parties can also negotiate the amount of compensation. The parties may terminate the contract by consensus. Negotiating an early termination of a rental contract can minimize disputes and avoid disputes.
Civil Code of the People's Republic of China
Article 733.
Upon the expiration of the lease term, the lessee shall return the leased property. The returned leased property shall conform to the state in which it has been used in accordance with the agreement or according to the nature of the leased item.
Civil Code of the People's Republic of China
Article 734.
If the lease term expires and the lessee continues to use the leased property, and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease term shall be indefinite. At the expiration of the lease term, the tenant of the house has the right to lease on the same terms or first.
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