How to pay the rent if the house has not been rented for a year

Theoretically, if the intermediary disagrees with anything, you can lodge a complaint with the Consumer Association or any other consumer rights related department. But then again, there's no need to go through such trouble for these 10 days......

Because the contract has not been signed for a year, you will pay 11 months and 20 days' rent according to the actual time.

For example, the rent is 800 yuan per month, and the payment should be 11 months and 20 days.

That is: 500 * 11 + (500 30) * 20 = yuan.

, definitely going to make a request.

Your share is enough, I am also detailed, I am doing real estate, like you just signed a one-year contract with him, understand everyone knows, less than ten days, I don't know if you are a one-time, give him a year's rent or a month, or a quarter, the stipulation is how much is per month, divided by how much is 30 days per day, in the calculation of 20 days will not, that's it, anyway, it's the last month to pay 10 less rent, how much do you pay the deposit, if you pay it all in a year, If so, if there is a receipt, you can ask him to return it, and it is good that he didn't tell the landlord, and he knows this.

10 days is not good, but you can find someone (who is good at debate) to coordinate.

You can negotiate with them.

Legal Analysis: It is not necessary to rent for a year. It depends on whether the landlord of the house is a good talker, according to the contract, if you don't live in the house for a year, the house is in default, mainly because it is easy to talk, and talk to him about it and maybe get back.

Legal basis: Article 577 of the Civil Code of the People's Republic of China: If one of the parties fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for minor losses.

Legal Analysis: In general, the shortest lease term of a normal lease contract is one month, and the rent is usually paid in advance, and if the tenant does not rent for a full month, the landlord will usually not vacate the rent. There is an agreement as agreed.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Rent a one-year contract, pay half a year's rent I don't want to rent, how to solve it.

Hello dear, it is a pleasure to serve you through the official inquiry 1If you only pay half a year's rent, you can talk to the landlord, but the landlord may deduct the mortgage of the person. 2.

Say hello to the landlord in advance, i.e. try to get the landlord to sublet the house to the next renter, so that both parties will lose less. 3.Find a way to help contact the next renter, and if you help rent out the house, the landlord can reduce some losses, and you can reduce some losses.

But you must say hello to the homeowner, and you can't be the master of the bridge. 4.Don't be a partner without permission and sublet it out directly, which is also a breach of contract and is not good for the parties.

Yo dear. <>

Rent a one-year contract, pay half a year's rent I don't want to rent, how to solve it.

Hello, rent a one-year contract, pay half a year's rent I don't want to rent, how to solve the problem of Wei Zhenna, you can sublet, but you need to refer to the landlord's permission. Under normal circumstances, the rental contract cannot be refunded, which is a breach of contract. The statute of limitations refers to the failure of the right holder whose civil rights have been infringed to exercise its rights within the statutory limitation period, and when the statute of limitations expires, the right holder will lose the right to win the lawsuit, that is, the right to win the lawsuit will be extinguished.

If the right holder makes a request within the statute of limitations period prescribed by law, the people's court shall compel the obligor to perform the volunteer duties it undertakes. However, after the expiration of the statutory limitation period, if the right holder exercises the right to make a claim, the people's court will no longer protect it. Article 716 of the Civil Code [Lessee Sublease of Leased Property] The lessee may, with the consent of the lessor, sublease the leased property to a third party.

If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract. 1.

In the case of a lease relationship, the party who requests to terminate the lease contract shall give the other party one month's notice. 2.There is an agreement on liquidated damages in the rental contract (the amount of liquidated damages for renting is agreed upon by both parties in advance.

3.If the agreed liquidated damages are too high or too low, you can request a change, and the agreed liquidated damages exceed 30% of the actual loss4.

There is no agreement on liquidated damages in the housing lease contract, which should be calculated according to the actual loss caused to you by the other party's breach of contract.

Legal analysis: If there is an agreement in the contract, the liquidated damages shall be paid in accordance with the performance of the contract, and if there is no agreement in the contract, it depends on how the two parties negotiate, so the law does not have detailed provisions on liquidated damages in this regard.

Legal basis: Article 562 of the Civil Code of the People's Republic of China: If the parties reach a consensus through consultation, they may terminate the joint jujube disguise. The parties may agree on the grounds for one party to terminate the contract. In the event of the occurrence of the cause of rescission, the person with the right to terminate may terminate the contract.

Legal analysis: You can negotiate with the landlord to check out. Things to look out for when renting an apartment:

1. Regarding the cost of the house, at present, the owner bears the property fee and heating fee (north), and you bear the other daily life expenses such as water, electricity and gas; 2. At present, most of the payment forms of rent are taken as a deposit of one and three payments, but you can also negotiate with the landlord for other payment methods; 3. Check the status of the house when looking at the house, especially some problematic furniture and household appliances, which should be written in the contract in time; 4. At the same time, the reason for the house must be checked clearly to avoid overwriting; 5. Communicate well with the owner about the details such as the key; 6. For the treatment of the house under force majeure circumstances such as demolition; 7. The liability for breach of contract must be clearly written.

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 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 expressly states or shows by its own conduct that it will 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 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.

Article 580:Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

1) Legally or factually unable to perform;

2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive;

3) The creditor does not request performance within a reasonable period of time.

Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.

Your rental contract has been signed for one year, you have paid half a year's rent, and now you don't want to rent after half a year, then it is indeed your breach of contract, and you need to negotiate with the landlord before you can move out.

This is the case when a contract is signed.

According to the provisions of the law, if a written contract is signed, the contract shall be established when both parties sign or affix their seals, and if the terms of the contract are not equal, the contract shall not affect the conclusion of the contract, but the contract may be revoked after its conclusion.

Article 32 of the Contract Law stipulates that if the parties conclude a contract in the form of a contract, the contract shall be formed when both parties sign or affix their seals.

Article 33 stipulates that [Confirmation and Formation of Contract] If the parties conclude a contract in the form of letters, data messages, etc., they may request the signing of a confirmation before the conclusion of the contract. The contract is concluded when the confirmation is signed.

Article 54 stipulates that [voidable contracts] One of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts:

1) It was concluded due to a major misunderstanding;

2) It is obviously unfair at the time of the conclusion of the contract.

If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.

Where a party requests a modification, the people's court or arbitration institution must not revoke it.

2. Types of liability for breach of contract.

1. Liability for breach of contract: Liability for breach of contract refers to the liability that the parties should bear when they fail to perform or do not fully perform the contractual debts;

2. Liability for anticipatory breach of contract: The so-called liability for anticipatory breach of contract refers to the liability that one party clearly indicates to the other party that it will not perform its contractual obligations after the effective conclusion of the contract and before the arrival of the performance period agreed in the contract, or the party's own behavior or objective facts imply that it will not be able to perform its contractual obligations according to the contract;

3. Liability for negligence in contracting: In the process of concluding a contract, if one party fails to form, invalidate or revoke the contract due to its fault, and the other party suffers a loss of trust interests, the fault party shall bear the responsibility.

According to Article 232 of the Contract Law of the People's Republic of China, if 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 61 of this Law, it shall be deemed as an indefinite lease. The parties may terminate the contract at any time, provided that the lessor shall notify the lessee of the termination of the contract within a reasonable period of time.

The lessee shall pay the rent according to the agreed period. Where there is no agreement on the payment period or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, and the lease period is less than one year, it shall be paid at the expiration of the lease period; If the lease period is more than one year, it shall be paid at the expiration of each year, and if the remaining period is less than one year, it shall be paid at the expiration of the lease period.

3. The lessee shall take care of and reasonably use the rented premises and ancillary facilities, and shall not dismantle, expand or add without authorization.

Unless otherwise agreed in the contract, the landlord shall refund the deposit in full and without interest to the tenant on the day after the lease is terminated and the tenant vacates, counts and pays the fees due. If the landlord does not agree to quit the rent, he can appeal to the court.

If the tenant moves out of the leased premises without authorization and ceases to perform the contract, the lease relationship is no longer necessary to exist, resulting in the termination of the lease contract. Since the lessee may not want to perform the lease agreement without a valid reason, it may move out of the leased premises without authorization and stop performing its contractual obligations if the negotiation with the lessor or the negotiation fails. This is a breach of contract by the lessee.

Ignore him, this is not in line with conventional logic, nor is it in line with market regulations, if he says that there are some unequal treaties signed in the contract, then he can apply for the contract to be invalid.

Your landlord is a little confused, and the liquidated damages agreed in the contract should be a deposit of 1k, so now you don't want to rent for half a year, and when it comes to your breach of contract, you need to pay liquidated damages to him, and the liquidated damages should have been agreed on the contract, it should be a thousand, so if you breach the contract, the landlord will deduct your deposit. Does he think he can lose much more?

1. What should I do if I don't pay rent for a year?

If the lessee fails to pay the rent as agreed, it will constitute a breach of contract, and if the tenant still fails to pay after being stopped by the reminder department, the lessor may terminate the housing lease contract and require the lessee to bear the liability for breach of contract.

Civil Code of the People's Republic of China

Article 721 [Rent Payment Period] The lessee shall pay the rent within the agreed time limit. Where there is no agreement on the time limit for the payment of rent or the agreement is not clear, and it is still not possible to determine the term of rent in accordance with the provisions of Article 510 of this Law, and the lease term is less than one year, it shall be paid at the expiration of the lease term; If the lease term is more than one year, it shall be paid at the expiration of each year, and if the remaining term is less than one year, it shall be paid at the expiration of the lease term.

Article 722 [Legal Consequences of the Lessee's Violation of the Obligation to Pay Rent] If the lessee fails to pay the rent without justifiable reasons or delays in paying the rent, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.

2. What should I do if the rental deposit is not refunded?

Generally, if there is no man-made damage to the property at the time of vacancy, then if the tenant requests to terminate the rental contract during the lease period, the deposit paid before the tenant cannot be used as compensation for the tenant's breach of contract, but should be refunded in full. If you encounter a non-refundable rental deposit, you can solve it in the following ways:

1. You can negotiate with the landlord first, ask the landlord to return the deposit and bear the liability for breach of contract agreed in the lease contract.

This kind of thing is not a big deal at all, and if it can be resolved through negotiation, it is best to negotiate and settle it. You can have a showdown with the landlord and ask for the deposit back, but if the lease is terminated before the lease expires, the tenant should also agree to breach the contract.

It's important to note that a deposit is one thing, a breach of contract is another, and you can't be confused with your landlord.

2. If it cannot be resolved after calm negotiation, then you can try to complain to the Housing and Urban-Rural Development Commission where the house is located, and ask the landlord to return the deposit and bear the liability for breach of contract.

In practice, landlords tend to confuse security deposits with liquidated damages, so it is best to make sure that the relevant agreement is in the form of a rental contract when deciding to rent a lease.

Of course, in fact, if the landlord loses the rental house due to the early termination of the contract by the tenant, and there are liquidated damages specified in the contract, when claiming liquidated damages, if the actual loss is far less than the agreed liquidated damages, the tenant can request to get it back, and if the landlord refuses, then he can apply to the court to reduce the liquidated damages.

3. If the problem is still not solved, you can collect information and file a lawsuit to require the landlord to return the deposit and interest, and bear the liability for damages.

In fact, there is a more decisive way to call the police, and the dispute between the tenant and the landlord over whether to return the deposit is a civil dispute and can be dealt with by the police. After the police are called, the police will generally mediate, and eventually it will be resolved only if both parties reach an agreement.