What are the legal liabilities of the landlord of the shop for breaking the contract?

You need to bear the liability for breach of contract as agreed in the contract.

Legal Basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over Urban Housing Lease Contracts.

Article 11 If the lessee has agreed to the decoration and decoration with the consent of the lessor, and the contract is terminated, if the two parties have not agreed on the disposal of the decoration and decoration that has been attached, the people's court shall deal with it in accordance with 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;

If you agree, you don't have to bear any responsibility.

If the other party does not agree to give up the lease, you need to do it in accordance with the contract. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts, if the lessee decorates and decorates with the consent of the lessor, and the contract is terminated, if the two parties have no agreement on the disposal of the decorations and decorations that have been attached, the people's court shall handle them separately 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;

Therefore, the renovation cost can be calculated at a discount for the remaining lease period.

Generally, no, the management and use of the bunk before the contract expires belongs to the lessee. Therefore, the employer cannot unilaterally terminate the contract under the condition that the other party is operating normally. Of course, it is also possible if both parties reach an agreement.

You can consult a local lawyer for details.

During the performance of the housing lease contract, if the landlord breaches the contract, the tenant may require the landlord to continue to perform the contract and bear the liability for breach of contract, or terminate the lease contract to compensate for the loss of fingerprints.

Article 107 of the Contract Law: Where a party 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 110: Where one of the parties to the party 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 fails to demand performance within a reasonable period of time.

1. First of all, I don't know if the landlord has notified you that you can enjoy the right of first refusal under the same conditions, that is, the landlord notifies you that the tenant has the right of first refusal 3 months before selling the house, otherwise you can claim that the house sale contract is invalid. Legal basis:

Article 118 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law stipulates that: "When the lessor sells the house, it shall notify the lessee three months in advance, and the lessee shall enjoy the right of first refusal under the same conditions; If the lessor fails to sell the house in accordance with this provision, the lessee may request the people's court to declare the sale of the house invalid. 】

2. If you don't want to buy the house, you can claim to continue to lease the house, which is the embodiment of the sale and purchase without breaking the lease, that is, the lease contract that existed before the change of property rights of the house will not change during the lease period due to the change of property rights of the house during the lease period, so you can inherit the lease of the house, and the new owner has no right to require you to move out of the house. Legal basis:

The second paragraph of Article 119 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation) stipulates that "if the property rights of a private house are transferred due to sale, gift or inheritance during the lease period, the original lease contract shall continue to be valid for the tenant and the new owner".

3. You can request to terminate the contract and ask the landlord to compensate for liquidated damages, because the liquidated damages have been agreed between you, then the amount of breach of contract will be compensated according to the agreement between you, if you can claim that the damage caused by the landlord's breach of contract is higher than the breach of contract, then you can ask for the liquidated damages to be increased to the same amount.

You have agreed on the reasons for terminating the contract, and the landlord can terminate the lease with you when the conditions are met. Buying and selling does not break the lease is the relationship between the lessee and the transferee of the property. And you are now in the matter of terminating the contract with the original landlord, and the two have nothing to do with it.

As for liquidated damages, if your losses are much greater than the liquidated damages, you can sue for payment of the losses suffered as a result of the termination of the contract.

The contract already stipulates liquidated damages, and the landlord has the right to terminate the contract.

You can only get one month's liquidated damages, and the odds of winning are not good because of the black and white words.

Please adopt it in time, thank you!

The sale and purchase of the lease without breaking the lease is a legal right under the contract law, and you can consider that the part of your contract regarding liquidated damages is invalid and require you to continue the lease.

Hello! According to the Contract Law, if the contract can be terminated according to the lease contract, the lease relationship can also be terminated; And you also have the right of first refusal;

Lawyer Zhang Huadong of Zongheng Legal Network.

Article 229 of the Contract Law of the People's Republic of China stipulates that if the ownership of the leased property changes during the lease period, the validity of the lease contract shall not be affected. That is, during the validity period of the lease contract, if the ownership of the leased object changes due to sale, inheritance, etc., the lease contract is still valid for the new owner, and if the new owner fails to perform the lease obligation, the lessee can use the lease right against the new owner.

Here, the sale does not break the lease, and only the buyer must not consider the contract invalid as soon as he acquires ownership. I don't know if you have made a mistake above "Party A needs to take back for personal use or Party A needs to check out for something" should be B, and whether the landlord's reason for termination agreed in the contract is only Party A needs to take back for personal use" If so, you can let him continue to perform.

You have three options for this:

1. Accept the liquidated damages paid by the landlord and check out. Because the contract has clearly stipulated liquidated damages, it is difficult to obtain legal support for claiming other damages.

2. The landlord can sell the house, but the new landlord should continue to perform the lease contract signed between you and the landlord until the contract expires.

3. Advocate the right of first refusal, and you will buy a house under the same circumstances.

In the lease contract relationship, if the landlord breaches the contract and wants to repossess the house, as a tenant, he can first refuse to move out and insist on executing according to the contract.

It is also possible to move out after claiming compensation, and the compensation is determined in accordance with the contract or through negotiation, but there is no agreement or the negotiation fails.

It may be decided by an arbitration institution or a court in accordance with the principle that compensation is commensurate with losses or industry practice.

1. You don't have to worry if you have a contract, the landlord will be liable for breach of contract. It does not matter if the contract does not stipulate the liability for breach of contract, and it does not stipulate that it is in accordance with the provisions of the law.

You can claim that he compensates you for all your losses.

2. If it cannot be resolved through negotiation, litigation is the best way, and the time of litigation may be around 3 months under normal circumstances.

The cost of litigation is mainly the litigation fee (depending on the size of the subject), and if you do not hire a lawyer, there is no ** fee.

3. Prepare relevant evidence.

According to the laws of our country, a written contract is required for a lease of more than six months, and the tenant and the landlord should specify in detail the circumstances of breach of contract and the liability for breach of contract.

As long as your contract complies with legal procedures and does not violate the law, it is valid, and you can resist the landlord's unauthorized change of ownership, and you can go to court to protect your legitimate rights and interests. Because you signed a lease contract when the ownership of the house changed, you can continue to rent the house.

You can ask him to compensate in the amount of the deposit + intermediary fee. Of course, you can get back the rent and deposit you paid, and you can also have it compensate you for other direct losses caused by the incident. Also, if you don't want to move, you don't have to.

Regardless of who he sells the house to, your lease contract continues to be valid, and the sale does not break the lease.

There is an important principle in law regarding the rental of houses: the sale does not break the lease!

In other words, the lease relationship that existed before the transfer of the house will not invalidate the lease contract due to the transfer of the house. Your friend can still rent the property until the original lease expires, and the new owner must fulfill the obligations of the original lease. It is also possible to ask the new landlord to compensate and move out.

If there is no agreement, the amount of compensation shall be determined according to the loss caused by the breach of contract, and the amount of compensation shall be equivalent to the amount of loss, including the benefits that can be obtained after the performance of the contract, but 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.

Article 585 of the Civil Code of the People's Republic of China.

The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, 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.

Article 584 of the Civil Code of the People's Republic of China.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for 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.

Legal analysis: Generally calculated with reference to the losses caused, it is roughly equivalent to about 3 months' rent for waiting. If the landlord breaches the contract and the contract does not stipulate liquidated damages, the tenant has the right to claim compensation from the landlord for various losses, including transfer fees and profits that may be made during the continuation of the business.

The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of damages for breach of contract. If the liquidated damages agreed upon by the parties are lower than the losses caused, they may request the people's court or arbitration institution to increase the compensation if the liquidated damages set at the level exceed the losses caused, they may request the people's court or arbitration institution to increase the compensation. It is appropriately adjudicated by national courts or arbitral institutions.

If the parties agree to liquidate the damages for delayed performance, the breaching party shall also pay off the debts after paying the liquidated damages.

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.