Hello Mr. Lawyer, I have signed a two year rental contract with someone else10

It depends on how the rental agreement between you is agreed, if the tenant has the consent of the lessor to decorate and decorate, and when the contract is terminated, the two parties have not agreed on the disposal of the decoration and decoration that has been attached, and the people's court shall deal with it according to the following circumstances:

1) If the contract is terminated due to the lessor's breach of contract, and the lessee requests the lessor to compensate for the loss of the residual value of the decoration and decoration during the remaining lease period, it shall be supported;

2) If the contract is terminated due to the lessee's breach of contract, and the lessee requests the lessor to compensate for the loss of the residual value of the decoration during the remaining lease period, it shall not be supported. However, if the lessor agrees to use, it shall be appropriately compensated within the scope of the utilization value;

3) The contract is terminated due to the breach of contract by both parties, and the residual value loss of decoration and decoration during the remaining lease period shall be borne by both parties according to their respective faults;

4) If the contract is terminated due to reasons not attributable to both parties, the residual value loss of decoration and decoration during the remaining lease period shall be shared by both parties in accordance with the principle of fairness. Where the law provides otherwise, apply those provisions.

The expenses incurred by the lessee for decoration or expansion without the consent of the lessor shall be borne by the lessee. Where the lessor requests the lessee to restore the original state or compensate for losses, the people's court shall support it.

If the time of rent payment agreed in the contract is the beginning of the year, the other party will breach the contract first, and you can ask the other party to pay the rent and terminate the contract, without the obligation to bear the decoration costs.

There is no need to bear the cost of its renovation. If the tenant breaches the contract first, you can ask to rescind the agreement.

Legal analysis: 1. If the term of the housing lease is less than half a year, it can be an oral lease contract or a written lease contract.

2. If the lease period is more than half a year (6 months), the lease contract shall be in writing.

3. The oral housing lease contract with a lease term of more than 6 months shall be regarded as a lease contract for the renovation of the house by hand from time to time.

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

Article 706 Where a party fails to go through the formalities for the registration and filing of a lease contract in accordance with the provisions of laws and administrative regulations, the validity of the contract shall not be affected.

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

Under this contract, you are in breach of contract, so the landlord can not refund your deposit for the following reasons:

1. In the lease term of Paragraph 1 of Article 3 of the contract, you clearly state that the lease period is 1 year.

2. In the other agreed matters in Article 12 of the contract, you only specify that the rent for half a year is 1,800 yuan per month, and if the lease is renewed for another year, it will be 1,700 yuan per month. In this way, it can be understood that if the lease is not renewed for one year, but only for one year according to the contract, it is all 1,800 yuan per month.

3. It is impossible to have two lease periods in a contract, and it can only be calculated according to the first, that is, the one that clearly determines the lease term.

The handwritten part only stipulates the rent, not the lease term, and Article 3 of the contract has stipulated that the lease term is one year, so if you only rent for half a year and ask to terminate the contract early, you are in breach of contract.

The question raised concerned two aspects of the legal relationship:

The first is the lease contract relationship, according to the provisions of the Contract Law, if the lease term exceeds six months, a written contract shall be concluded, otherwise it shall be regarded as an indefinite term contract. However, since you have already received one year's rent from the tenant, the tenant has the right to continue to occupy and use the leased premises until the expiration of the contract, even if there is a change in the ownership of the premises. In short, the sale does not break the lease also.

The second is the contractual relationship between sales and purchase, and in accordance with the provisions of the Contract Law, the lessee has the right of first refusal to purchase the leased house. At the moment, you have already transferred the property and may not have notified the tenant beforehand. Therefore, the tenant has the right to claim rescission of the conveyancing contract, which may be a bit unfavorable to you.

In view of the fact that the two legal relationships arising from the sale and purchase of a house may have different legal effects. It is suggested that you can negotiate with the tenant to refund part of the rent and let him vacate the house as soon as possible; or negotiate with the buyer to transfer the rent for the remaining term to the buyer, so that the lessee can use the premises until the expiration of the agreed contract.

Collecting a year's rent can prove that the lease relationship exists. You need to inform the tenant in advance before you sell the house, and the tenant has the right of first refusal.

No other compensation is required for the refund of his rent.

Q: Hello lawyer, I would like to ask you about something. I signed a lease contract with a friend, I rented his house, but after a week I was told that I couldn't rent it to just one person, and he asked me to share the house with someone else and give him double the money, which I didn't agree, he was in breach of contract, can I ask him to bear the liability for breach of contract?

Can I cancel the contract? Thank you, lawyer.

Hello, if the contract is terminated in accordance with the law due to the other party's breach of contract, the other party can be required to bear the liability for breach of contract. 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 expresses or shows by its own conduct that it will not perform the main obligation; (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) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law.

This issue concerns fixed-term contracts. Article 46 of the Contract Law stipulates that: "The parties may agree on a time limit for the validity of a draft contract.

A contract with an effective period shall take effect at the end of the term. A contract with a termination period shall expire upon the expiration of the term. This provision of the law is the provision for contracts with a fixed term.

The so-called time-limited contract refers to the fact that the parties set a certain period of time in the contract as a supplementary clause to determine the validity of the joint draft. The characteristics of the term are: (1) the term must be a future term and must be future-proof; (2) the term must be necessary in the future and must occur; (3) The time limit must be agreed upon by both parties, and it must be agreed upon.

The term can be divided into an effective period and a termination period. The effective period means that the validity of the contract takes effect from the time of the expiration of the period; The termination period refers to the extinction of the validity of the contract when the term expires.