How can I surrender my rent without any damage when my rent is not due?

This time,You can sublet it out in advanceYou can ask your friends if they need to rent a house or if their friends need to rent a houseOr sublet on a rental platformAfter the sublease is successful, talk to the subtenant about the rent deposit. Discuss it with the landlord at that time, it will be good for both parties. If there is no one to sublet in the short term, and there are really special circumstances that need to quit the lease, you should negotiate with the landlord in time, and negotiate with the landlord amicably, believing that there will be good results.

Minimize your losses as much as possible.

According to Article 44 of the Contract Law of the People's Republic of China, a contract established in accordance with law shall take effect upon its establishment. Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions. Article 107: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.

Therefore, no matter how long the lease is, as long as the contract is signed, it should be handled according to the contractThe purpose of signing a contract is to safeguard the rights and obligations of both parties, which is a guarantee for both parties. Once the contract is signed, it has legal effect. Because according to the provisions of the Contract Law, after both parties confirm the content of the contract, both parties sign and seal it to take effect.

Even if the validity period of the contract is only one day, it is a unilateral breach of contract, and the relevant clauses of the contract should be referred to in the contract, such as the clause that the remaining rent is not refunded and the deposit is not refunded, and it is normal to implement it according to the contract. The contract will take effect when it is signed, and it is definitely okay to check out, but you will have to bear the responsibility for breach of contract

You can consider taking the contract and negotiating with the landlord, and you can negotiate it.

This will require consultation and negotiation with the landlord to reach the check-out. Avoid losses.

Isn't there a contract, take out the contract and negotiate with the homeowner, there is generally no problem.

First of all, see if there is a breach of contract, and secondly, communicate reasonably with the landlord.

I think this can be subleased, and the lease can be surrendered without damage.

You can see if there is an agreement in the contract you signed, and if there is an agreement, follow the agreement.

This is basically impossible, and the landlord will more or less deduct a little.

See what the contract is like and check out.

Legal analysis: Yes, if the rental contract is terminated before it expires, the party who proposes to terminate it shall bear the liability for breach of contract and compensation for losses. You will be liable for a penalty penalty.

Generally speaking, if the tenant does not want to perform the contract during the contract period, the tenant can pay the corresponding liquidated damages according to the contract and then terminate the contract.

Legal basis: Article 584 of the "Yucong Civil Code of the People's Republic of China" If one of the parties fails to perform its contractual obligations or the returnee's performance of its contractual obligations does not conform to 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.

Whether the rent can be refunded if the rent is not due depends on the following circumstances, as follows:

1. If the lease contract clearly stipulates that the landlord can directly deduct the tenant's deposit when the tenant checks out or subleases before the lease period expires, then the contract is valid and the landlord has the right not to return the deposit;

2. If there is no direct agreement on the leakage of the deposit in the lease contract, the deposit shall be returned to the tenant.

The circumstances under which a refund of rent can be requested are as follows:

1. There is no damage to the house and its facilities;

2. The financial loss during the rental period can be deducted from the deposit, and the deposit can be deducted accordingly if there is property loss during the rental period;

3. When renting a house, it should be agreed in the contract to clearly state the housing situation and rent the house.

The circumstances under which a refund of rent can be requested are as follows:

1. There is no damage to the house and its facilities;

2. The financial loss during the rental period can be deducted from the deposit, and the deposit can be deducted accordingly if there is property loss during the rental period;

3. When renting a house, it should be agreed in the contract to clearly state the housing situation and rent the house.

Legal basisArticle 706 of the Civil Code of the People's Republic of China.

If the parties fail to go through the formalities for the registration and filing of the lease contract in accordance with the provisions of laws and administrative regulations, the validity of the contract shall not be affected.

Article 713 of the Civil Code of the People's Republic of China.

When the leased property needs to be repaired, the lessee may request the lessor to repair it within a reasonable period of time. If the lessor fails to perform the maintenance obligation, the lessee may repair it by itself, and the maintenance cost shall be borne by the lessor. If the use of the leased property is affected by the maintenance of the leased property, the rent shall be reduced or the lease term shall be extended accordingly.

If the leased property needs to be repaired due to the lessee's fault, the lessor shall not bear the maintenance obligation provided for in the preceding paragraph.

The lease can be surrendered before the expiration of the lease, and the surrender of the lease is a breach of contract, and the lessee shall pay liquidated damages in accordance with the contract. 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.

1. Can liquidated damages be agreed in the entrustment contract?

The entrustment contract may stipulate liquidated damages. If the agreed liquidated damages are lower or higher than the losses caused, the people's court or arbitration institution may increase or decrease them at the request of the parties.

According to Article 585 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021, 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 to Lu Suxian, 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.

2. How to calculate the liquidated damages in the housing lease contract.

The law does not stipulate the amount of liquidated damages in the housing lease contract, and the specific amount of liquidated damages shall be determined by the parties through negotiation, but the amount of liquidated damages agreed upon shall not be lower than the losses caused, nor shall they be excessively higher than the losses caused.

1.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;

2.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 have not agreed on liquidated damages, the non-breaching party may require the breaching party to compensate for the losses actually suffered by the breaching party as a result of the breach.

Article 585 of the Civil Code.

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 liquidated damages awarded by the parties 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.

Generally, no. Because the bank is in breach of contract, the breaching party shall bear the corresponding liability for breach of contract in accordance with the contract. Article 577 of the Civil Code: 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 724 of the Civil Code of the People's Republic of China In any of the following circumstances, if the leased property cannot be used due to reasons attributable to the lessee, the lessee may terminate the contract: (1) The leased property is sealed or seized by the judicial or administrative organs in accordance with law; (2) There is a dispute over the ownership of the leased property; (3) The leased property violates the mandatory provisions of laws and administrative regulations on the conditions of use. Article 729 of the Civil Code of the People's Republic of China If the purpose of the contract cannot be achieved due to partial or total damage or loss of the leased property, the lessee may terminate the contract.

Article 730 of the Civil Code of the People's Republic of China: Where the parties have not agreed on the term of the lease or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be deemed as an indefinite lease; The parties may terminate the contract at any time, provided that they notify the other party within a reasonable period of time. Article 731 of the Civil Code of the People's Republic of China If the leased property endangers the safety or health of the lessee, the lessee may still terminate the contract at any time, even if the lessee clearly knows that the quality of the leased property is not up to standard at the time of entering into the contract.

Legal analysis: It is okay for the landlord to not refund the rent banquet fee if you leave early, because this situation is basically a unilateral breach of contract by the tenant, and the landlord has the right to withhold the rent as liquidated damages. Unless the landlord has an invalid clause stipulated in the Civil Code, he can terminate the contract and move out early, otherwise he will need to bear the consequences of the deposit compensation.

For tenants, it is best to inform the landlord before moving out and negotiate with the other party to try to reduce financial losses.

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

Article 703 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and the proceeds, and the lessee pays the rent.

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.

Article 734 If the lease term expires and the lessee continues to use the leased dusty items, and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease term shall be indefinite.