-
Anonymous users2024-02-08Key points: 1: The contract for the sale of the house to someone else is valid; 2：
Notification obligation: The landlord shall notify the tenant three months in advance, and shall bear the corresponding liability for compensation if it fails to perform - the liability for infringing the tenant's right of first refusal; 3: Pre-emptive right to compensate:
After the lessor has fulfilled the notification obligation (the tenant has been reminded 2 and a half months before the sale - this is the key evidence, if there is, it only shows that there are minor defects in the landlord's performance of the notification obligation), if the lessee does not clearly indicate the purchase within 15 days, the right of first refusal will compensate for the loss; 4: The other party cannot claim liquidated damages (there is no agreement in the contract); 5: The person who buys the house now is unwilling to rent the house to the tenant - invalid (the sale does not break the lease);
6: The other party wants to file a lawsuit: the landlord does not need to be afraid, because what the other party can claim is compensation for infringing the tenant's right of first refusal, as long as the other party does not clearly indicate the purchase within 15 days after you notice, the right of first refusal will compensate for the loss; In this way, it is difficult for the court to support the other party's claim, of course, there are minor flaws in your performance of the notification obligation, and you must give the other party appropriate compensation.
-
Anonymous users2024-02-07Your issue involves the sale of a lease without breaking the lease and the tenant's right of first refusal.
According to your explanation, the contract does not stipulate liquidated damages, so the lessee's claim for breach of contract is not supported by law. However, the lessee may file a tort action for infringement of the right of first refusal.
According to the current law, you should give the tenant three months' notice that you want to sell the property. Therefore, the burden of proof is on you.
If you can't bear the burden of proof, the court will order you to pay part of the compensation according to the judicial interpretation of 09, based on the market at the time of the property and your ****.
Senior legal experts answered.
-
Anonymous users2024-02-06Legal Analysis: Handling of Breach of Contract by Landlord of Storefront Lease:
1. The landlord may be required to continue to perform the contract, that is, to continue to lease the first round of the lease during the lease period agreed in the lease contract;
2. The landlord may be required to bear the liability for breach of contract as agreed in the lease contract;
3. If there is no liability for breach of contract in the contract, or the loss caused by the collapse is greater than the liquidated damages paid by the landlord, the landlord can be required to compensate for the loss.
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.
-
Anonymous users2024-02-05Legal analysis: Handling of breach of contract by the landlord of the storefront lease: 1. The landlord can be required to continue to perform the contract, that is, to continue to lease during the lease period agreed in the lease contract.
2. The landlord can be required to bear the liability for breach of contract according to the agreement of the lease. 3. If there is no liability for breach of contract in the contract, or the loss caused is greater than the liquidated damages paid by the landlord, the landlord can be required to compensate 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 its performance of 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 578:Where one party clearly states or shows by its own conduct that it does not perform its contractual obligations, 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 suspects that the party has failed to pay the price, remuneration, rent, or interest, or has not performed other monetary debts, the other party may request payment from the other party.
Article 584:Where one party 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 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.
-
Anonymous users2024-02-04Legal analysis: In the housing lease contract, if the lessor breaches the contract, the lessee has the right to require it to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Legal basis: Article 570 of the Civil Code of the People's Republic of China Article 7 If one of the parties fails to perform the obligation of concealment and forgiveness or the performance of the contractual obligation 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 by the porter.
-
Anonymous users2024-02-03In the housing lease contract, if the lessor breaches the contract, the lessee has the right to require the lessee to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
1. What is the responsibility for breach of the car purchase contract?
The liability for breach of the car purchase contract shall be agreed upon by the parties. If the parties fail to agree, the parties may claim remedial measures against the breaching party to continue to perform the liability for breach of contract. According to the relevant provisions of the Civil Code of the People's Republic of China implemented in 2021, if a party fails to perform its contractual obligations or does not comply with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
If one party fails to pay the price, remuneration, rent, interest or fails to perform other monetary obligations, the other party may require it to pay.
2. What are the liabilities for breach of contract in the contract?
The liability for breach of contract includes continued performance, taking remedial measures, compensation for losses, liquidated damages, deposit liability, etc.
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.
If one of the parties clearly indicates or shows by its own conduct that it does not perform its obligations under the contract, the other party may request that it bear the liability for breach of contract before the expiration of the performance period.
If one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary payment obligations, the other party may request payment.
3. How to deal with disputes over 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. If the other party has other losses after the breaching party has performed its obligations or taken remedial measures, it shall compensate for the losses. If the transfer agreement has come into effect, then the other party's repudiation is a breach of contract, and you can sue to require it to continue to perform the contract and bear the liability for breach of contract, or you can terminate the agreement and demand compensation from the other party.
Article 577 of the Civil Code of the People's Republic of China provides that 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.
First of all, your contract is obviously unfair, and it is unfair to clearly stipulate the liability of Party B for breach of contract, and there is no corresponding liability for Party A's breach of contract. Legally it is a void contract or a contract whose validity is undetermined. >>>More
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.
No, the parties are in a legal relationship of lease. The tenant only rents the house for industrial and commercial registration, and the company's profit and loss has no legal relationship with the landlord. The landlord will not be held responsible.
To be honest, I sympathize with you, because I am also a college student who has just graduated from working in other places. Your proof is very sufficient, but I tell you that if you really want to sue, you can also sue the intermediary company, because from your complaint I can see that they are also illegal, even if they are not illegal, but they are violating the law, as an intermediary company, you should first understand the landlord you want to intermediate, which they are not doing right, and should be punished by the law. Second, as a second-hand landlord, you can't go to the intermediary company to rent out the house you rent, which is a serious violation. >>>More
1. Right of disposal.
In some respects, the landlord still has to have the room key, and if you rent a house, it is not an act of buying or selling, but only the right to use the house, not the right to own and dispose of it. If you don't keep the key, if you have an emergency (such as fire, water leakage, etc.) or illegal events, if you can't get to open the door in time, how to protect the property safety of the landlord? Even if the tenant changes the locks themselves, it will still be necessary for the landlord to ask for a set of keys in case of such an emergency. >>>More