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If the default clause stipulates that the rent can be refunded after paying the liquidated damages, the rent can be refunded. Article 20 of the Measures for the Administration of Urban Housing Leasing stipulates that the lessor shall deliver the house to the lessee within the time limit agreed in the lease contract, and if it fails to deliver on time, it shall pay liquidated damages, and shall bear the liability for compensation if it causes losses to the lessee. The lessee must pay the rent on time, and if it defaults, it shall pay liquidated damages.
If there is an agreement in the lease contract for liquidated damages (the amount of liquidated damages for renting a rental is determined by the parties through prior agreement), the liquidated damages shall be paid in accordance with the agreed proportion. If the two parties agree that the liquidated damages in the housing lease contract are one month's rent when signing the contract, then once the contract is breached, the lessor can require the lessee to pay the same amount of liquidated damages as one month's rent as liquidated damages. In the event of a breach of contract in the rental contract, the party concerned may request the defaulting party to bear the liability for breach of contract as stipulated in the lease contract.
If there is no agreement in the lease contract, the parties may reasonably request the breaching party to bear the liability for breach of contract such as replacement or reduction of price or remuneration according to the nature of the subject matter and the size of the loss.
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You can cancel the contract and check out, which needs to be agreed with the landlord, but there may be liability for breach of contract.
Under normal circumstances, if you don't want to rent, you can negotiate with your landlord. If the landlord also agrees to terminate the contract without any liability, there is no liability for breach of contract. However, if the landlord does not agree to terminate the contract, it depends on whether there is a corresponding liability agreement for breach of contract for the termination of the contract.
If the contract stipulates liability for breach of contract, the landlord can claim the corresponding liability for breach of contract.
If you haven't paid the rent, it's up to the landlord to claim against you, for example, the landlord needs to sue to claim liability for breach of contract against you, which is relatively beneficial to you; However, if you have already paid the deposit, deposit or rent, you need to claim it from the landlord. If the landlord refuses, you need to sue.
In addition, if the landlord does not agree to move out, you can negotiate with the landlord for the corresponding liquidated damages or sublease to a third party to avoid excessive losses. If the contract allows for subletting, it is entirely possible to sublet on your own.
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I rented the house yesterday, paid half a year's rent, signed the contract, and I don't want to rent it today, so I can return it.
However, liquidated damages may be required, depending on the agreement between the two parties. If there is a clear provision in the contract that you can move out in the middle of the house after renting, you can check out.
Lease refers to the act of the lessor transferring the right to use the asset to the lessee to obtain rent within the agreed period. The main reasons for the existence of leasing are the following: tax savings; reduce transaction costs; Reduce uncertainty.
Leasing is an economic act of borrowing physical goods at a certain cost, and the lessor hands over a certain item in his possession to the lessee for use, and the lessee thus obtains the right to use the item for a period of time, but the ownership of the item remains in the hands of the lessor. The lessee pays a fee (rent) to the lessor for the right of use it obtains.
The main characteristics of leasing include the following four aspects:
1) The leasing generally adopts the leasing method of the right to use the financing equipment to achieve the main purpose of financing the assets. For the lessor, it is a new means of financial investment, and for the lessee, it is a new way to raise equipment;
2) the use of leased equipment is limited to industrial and commercial, public utilities and other undertakings, excluding personal consumption;
3) Rent is the price of financing funds, which has the nature of loan principal and interest;
4) During the lease period, the ownership of the equipment belongs to the lessor, and the right to use belongs to the lessee.
Leases can be classified from different perspectives. From the purpose of the lease, it can be divided into financial lease and operating lease; From the perspective of taxation, there are formal leases and hire-purchase leases; In terms of the degree of transactions, there are direct leases, leveraged leases, leaseback leasebacks and subleases.
Article 586 of the Civil Code of the People's Republic of China: The parties may agree that one party shall pay a deposit to the other party as security for the obligatory rights. The deposit contract is concluded when the deposit is actually paid.
The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit. If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.
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Yes, it can be refunded. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice. If you do not sign a deposit penalty, you can get a refund.
Legal analysisIf there is no special provision in the contract that the rent will not be rented before the expiration date, it is actually a breach of contract, and the money can be refunded if the contract is forcibly terminated, but you need to bear the liability for breach of contract, and you need to pay liquidated damages and penalties agreed in the contract. However, getting back part of the rent is much better than liquidated damages, and if acceptable, you can forcibly terminate the contract, but in fact, you can negotiate with the landlord. When checking out, you should note:
1. Notify the landlord in advance. When moving out, you should notify the landlord in advance, and if you plan to move to a new home, you should notify the landlord at least 30 days before the move. During this time, the tenant can find the tenant again and carry out some necessary cleaning and repairs to the house before the new tenant arrives.
2. Clean the house. During the check-out process, you should clean the house after you have packed up your belongings, so that it is convenient for the next tenant to live in, and at the same time leave a good impression on the landlord. 3. When the rental contract expires, check out normally.
When the lease is about to expire and it is necessary to move out, the tenant needs to notify the landlord in advance according to the contract, try to restore the original appearance of the house, take the initiative to settle various expenses, and negotiate with the landlord to move out. After completing the subsequent handover with the landlord, the landlord should return the deposit to the tenant and terminate the tenancy contract. 4. The rental contract has not expired and you have checked out early.
If the contract has not expired and you check out early, it is a breach of contract. In this case, there may be disputes over the deposit, so be prepared.
Legal basisArticle 565 of the Civil Code of the People's Republic of China: Where one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party; If the debtor fails to perform its obligations within a certain period of time, the contract shall be automatically terminated, and if the debtor fails to perform its obligations within that time limit, the contract shall be terminated upon the expiration of the time limit specified in the notice. If the other party has any objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination.
If one of the parties directly claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.
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This is your problem, you didn't look at it carefully when you rented a house, if you found a problem at that time, you can not rent, but now the rent has been paid for half a year, and you should be able to refund it if you want to return it, but it is impossible to return the rent in full for half a year, because you will definitely deduct liquidated damages if you breach the contract.
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Since you have signed the contract and paid the rent, you generally cannot return it, otherwise you are in breach of contract. But you're all a small plot, buy a door buckle and install it yourself, and a few dollars will solve the problem.
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You can return, how to live in this kind of house? It's a threat to security, so negotiate a refund.
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If you want to refund, you can do so, but you may have to deduct half of your money.
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It's still easy to install a lock, find someone to install one yourself.
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After paying the rent for one year and not signing the contract, whether it can be refunded depends on the negotiation and agreement between the two parties.
If the party paying the deposit is unwilling to sign the contract, it has no right to demand the return of the deposit; If the party receiving the deposit does not sign the contract, the party who pays the deposit has the right to demand a double return of the deposit. The tenant is not liable for the default of the tenant when he or she leaves the property, and the situation is as follows: rotten.
1. If the leased property is partially or wholly damaged or lost due to reasons not attributable to the lessee, the lessee may request a reduction in rent or not pay the rent;
2. 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;
3. If the parties have not agreed on the lease term or the agreement is not clear, and it is still uncertain in accordance with the regulations, it shall be regarded as an indefinite lease;
4. 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 knows that the quality of the leased property is unqualified at the time of entering into the contract.
Legal basis] Civil Code of the People's Republic of China
Article 587:Where a debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.
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Hello, kiss kiss, I am happy to answer for you: what should I do if I want to return the next day before signing the contract for the house I just rentedThe answer is: kiss, although no agreement has been signed, but the de facto lease relationship is formed.
Tenants do not rent a house, and under normal circumstances, one month's notice is required to give the landlord time to find the next tenant. The tenant should negotiate with the landlord for a lenient sentence, prudently seek a refund of a portion of the money, and if the landlord does not return, he can sue the court. Qinqin has found the following information for you
a) If the nature or rules of the deposit are not specified in the lease contract, the deposit is treated as a rental advance and is to be returned in any event. (2) Where a party pays a retention money, guarantee money, security deposit, contract money, deposit or deposit, etc., but the investment is in the nature of an agreed deposit, and the party claims the right to a deposit, the people's court will not support it. (3) Unless otherwise agreed in the Contract, the Landlord shall refund the full amount of the Rental Deposit to the Tenant without interest on the day after the Tenancy Agreement is terminated and the Tenant vacates, and all fees payable are cleared and paid.
4) If there is property damage during the rental period, the deposit shall be deducted, and the deposit shall be refunded after deducting the property loss.
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If there is no clear agreement, a certain deposit will generally be required in practice, and the contract cannot continue to be performed due to the tenant's personal reasons, so it should bear a certain liability for breach of contract, and it is recommended to negotiate to settle it. Article 577 of the Civil Code provides that if 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.
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In this case, there should be liquidated damages. Take a look at the contract. Just come by the contract. 2.The whole mystery of life is to give up survival in order to survive.
3.Life is to have and lose at the same time; Choose and give up. What is strange today is familiar yesterday; What is remembered now is forgotten later. It's not life that chooses you, it's that you choose life.
4.Youth is a fleeting dream, and when you wake up, it's long gone.
5.People's youth is short-lived, but if this short youth is spent despicably, it will be too much.
6.Human teeth are hard, tongue is soft, at the end of life, all the teeth are gone, but the tongue will not fall out, so to be soft, life can be long.
7.There is no dress rehearsal in life, cherish the present and grasp every minute and second of life. There are no ifs in life, only consequences and results, the past will not come back, and the return will no longer be perfect. There is no hurdle that cannot be passed, only people who cannot be passed.
Sentences lamenting the shortness of life Life is short and things are impermanent, talk about 1
8.Life is a journey, and not everyone will go to the same place. The encounters on the road are always beautiful, and the breakup station is always bleak. Regardless of joy or sorrow, what should go is still to go, and what should come will come eventually.
9.Never blame others for not helping you, don't blame others for not caring about you, on your life path, the only one who can really help you is always yourself, if you don't grow, some people can't wait for you.
10.Not disturbing the tranquility of others is compassion; Not hurting the self-esteem of others is kindness. It is good for a man to live and give his own light, and not to blow out the lamps of others.
11.True freedom is the freedom of the heart, knowing the path you want to take, and being clear about the life you want.
12.When people live, they look down on others, because they are poor at repairing, they can't get used to others, because they are incapable, they can't help others, and they slander others, because their own quality is not good. If you're not good, why bother with angry eyes forever.
13.Work hard every day for nothing else, just to be able to choose a way of life you like in the future.
14.There are some bitterness, you have to eat it yourself to become wise; It's a little tired, you have to suffer it yourself, and then you can become open-minded. If you haven't experienced the pain of dedication and exertion, how can you understand the sea and the sky after the decision.
15.All the seeds, when they break through the soil, do not think about whether they encounter wind and rain or sunshine. Don't think about the result before you do anything, and only then will you know what the next step is? The point is to take the first step.
16.People must be able to resist lies, endure perfunctory, endure deception, forget their promises, let go of everything, refine themselves, and be calm and calm.
17.The most difficult thing for people is never to discover the truth, but to face the truth. So in the end, it's never someone else who lies to you, it's yourself who lies to yourself. Only when you win yourself can you win your life.
In fact, now the houses in urban villages are rented**, and as a friend, there is no need to talk about this money. Not to mention staying at a friend's house, it is easy to take care of everything.
It is the legal obligation of the lessor to inspect and maintain the rental house in a timely manner, unless both parties agree in the contract that the lessee shall bear the maintenance obligation, otherwise the lessor has the obligation to inspect and repair the house to ensure that the house meets the purpose specified in the contract. For the ancillary equipment added by the lessee, the parties can also agree on who will be responsible for the maintenance. If the lessor fails to repair the house in time and fails to fulfill the obligation of inspection and maintenance, resulting in the collapse of the house or other destructive accidents, and causing losses to the personal and property of the lessee, the lessor shall be liable for compensation.
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