If the tenant moves out before the contract is completed, can I deduct his deposit?

Hello, happy to answer for you:

1. If the other party moves out in advance, it constitutes a breach of contract according to the contract. It may be required to bear liability for breach of contract.

2. The deposit needs to be based on what is charged, such as electricity, water, indoor items, etc. The other party has no damage and cannot be deducted. It needs to be returned. If the agreement is in the nature of liquidated damages, it can be refunded.

3. The two parties can negotiate to deal with the matter, and the fact that the other party is in breach of contract is beneficial to your negotiations.

The questioner added the question, and we have solved it privately. This is the detail that follows.

You said you told a month in advance, and they told you, and then what?

Tell you what to do?

After informing you, you didn't do anything, and you still have to deduct other people's money?

Of course it's not cool.

To give you a bad idea, you Lianjia will find a rent agent or something, they know the most about this aspect.

Ask is still welcome, you pretend to be the owner, ask about renting a house.

The one upstairs, where did the answer come from?

It's not easy to do things that are clearly agreed in the contract. If it is not clearly written in the contract, it may not be able to be refunded, mainly depending on the person, after all, the lessee is a weak position, although the contract signed in accordance with the principle of fairness.

Didn't he already say it in advance, it's a bit wrong to deduct the money.

In the housing lease contract, if the contract is terminated, whether the deposit will be refunded or not needs to be analyzed according to the situation of ruining the banquet

First, the lessee and the lessor negotiate to terminate the lease contract, and the refund of the deposit shall be subject to the agreement between the two parties;

Second, if the lessor breaches the contract, the lessee requests to terminate the contract, the deposit needs to be returned, and the lessor bears the liability for breach of contract;

Third, if the lessee breaches the contract, causing the lessor to request to terminate the contract, the lessee bears the liability for breach of contract and the deposit needs to be returned.

1. If the tenant does not pay the rent, what can the lessor do?

If the lessee does not pay the rent, the lessor may require 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. If the tenant fails to pay the rent on time, the lessor may first perform the obligation to call for payment, and the lessor who has not paid the rent after being notified has the right to withhold the deposit, which shall be equivalent to the amount of rent and liquidated damages, and at the same time may terminate the lease contract and pursue the liability for breach of contract against the lessee.

2. What should I do if the tenant breaches the contract?

With regard to the tenant's request to terminate the contract for breach of contract before the lease period has expired, the two parties can first negotiate and resolve it in accordance with the previously concluded lease contract. If the lessor itself commits a breach of contract, which frustrates the purpose of the contract of the lessee and constitutes a fundamental breach of contract, the lessee has the right to demand the termination of the contract and the refund of the rent. If there is no breach of contract by the lessor, and the lessee unilaterally requests to terminate, it shall bear the corresponding liability for breach of contract.

Such as paying liquidated damages, etc.

3. The regular version of the housing rental contract.

Generally, it includes the following elements: basic information of the house, lease term, rent, deposit, housing maintenance, contract termination, liability for breach of contract, dispute resolution method, etc. A housing lease contract refers to an agreement signed between the lessor and the lessee on the transfer of the possession and use rights of the rented house.

It means that the lessor hands over the house to the lessee, and the lessee pays the agreed rent to the lessor on a regular basis, and returns the house to the lessor in good condition when the agreed term expires or the lease is terminated.

Article 711 of the Civil Code of the People's Republic of China If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in losses to the leased thing, the lessor may terminate the contract and claim compensation for the loss.

Legal analysis: In the housing lease contract, if the contract is terminated, whether the deposit will be refunded or not needs to be analyzed according to the following circumstances:

First, the lessee and the lessor negotiate to terminate the lease contract, and the refund of the deposit shall be subject to the agreement between the two parties;

Second, if the lessor breaches the contract, the lessee requests to terminate the contract, the deposit needs to be returned, and the lessor bears the liability for breach of contract;

Thirdly, if the tenant breaches the contract, resulting in the lessor requesting to terminate the contract, the lessee bears the liability for breach of contract and the deposit needs to be returned.

Legal basis: Article 711 of the Civil Code of the People's Republic of China If the lessee and the person fail to use the leased property in accordance with the agreed method or the nature of the leased object, resulting in losses to the leased object, the lessor may terminate the contract and claim compensation for the loss.

After renting a house, you can go directly without a deposit. However, whether it bears the corresponding liability for breach of contract depends on the specific breach of contract in the lease contract.

For example, whether there are damaged items and the corresponding liability for compensation, whether the water and electricity bills for the month have been paid, etc., if there are no such circumstances and no other breach of contract, there is no need to bear the liability for violating the agreement.

However, it is not the best solution to go without a deposit, so it is recommended to negotiate with the landlord to resolve it or notify the landlord.

Article 577 of the Civil Code provides that 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.

If the parties to the rental contract have agreed on liquidated damages in the contract, the tenant is in breach of contract and shall bear the liquidated damages according to the terms of the contract. If there is no breach of contract clause, the loss caused by the breach of contract can be negotiated or compensated.

Article 585 of the Civil Code of the People's Republic of China: 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 informant; 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 defaulting party shall also perform the debt after paying the liquidated damages.

Summary. When renting a house, many people only sign a contract once, and even if the contract expires, both parties often do not deliberately re-sign a new lease contract, usually the tenant continues to pay the rental house according to the original contract, and the landlord collects the rent as usual.

After the contract expires, the tenant rents for an extra 3 months and moves out, can the landlord pursue the other party for liquidated damages?

Hello, I am a platform legal consulting lawyer, I am reading your question, please wait!

She didn't pay the rent for 3 months, and she said that there was a deposit.

If the contract is not continued, it is not a breach of contract, so there is generally no need to pay liquidated damages.

If the deposit is not enough, it is possible for him to continue to pay the rent, and it will be charged according to the normal rent.

If the lease contract is terminated without expiration, the party who proposes to terminate it shall be liable for breach of contract and compensation for losses. Whether the deposit is refunded or not should be considered from three aspects: first, the way to bear the liability for breach of contract as agreed in the contract (whether the return of the deposit is agreed); The second is to see whether the two parties can reach an agreement on the early termination of the contract, if the two parties agree to terminate the contract and return the deposit through negotiation.

When renting a house, many people only sign the contract once, and even if the contract expires, both parties often do not smile and deliberately re-sign a new lease contract, usually the tenant continues to pay the rental house according to Hu Mingzhao's original contract, and the landlord collects the rent as usual.

If the tenant continues to use the leased premises and the landlord does not raise any objections, the original lease contract shall be valid, and both parties shall continue to perform the provisions of the original contract, but the lease term of the original contract shall be changed to indefinite. Both parties may terminate the lease contract at any time after giving the other party a reasonable period of time to terminate the lease relationship between the parties.

If you are satisfied with me, you can click on my avatar to direct me to ** consultation. It is a pleasure to serve you and I wish you a happy life.

If you are satisfied with me, you can click on my avatar to direct me to ** consultation. It is a pleasure to serve you and I wish you a happy life.

I am the landlord does not renew the lease after the contract expires and asks to move out after 3 months, and the landlord does not agree to sue. In this case, what can the homeowner hold the other party accountable?

Both parties have the right to terminate the contract.

There is no renewal just staring at the orange jujube and saying that this contract continues to be valid, there is no term agreement, both parties can terminate it, you can choose not to rent, and the landlord can also choose not to rent to Wu Zheng you, Shuangkai's right to dismantle the party is effective means that you will continue to pay rent.