Is the non expiration of the tenancy contract an anticipatory breach or an actual breach?

There is no distinction between expected and practical necessity in such a situation. Regardless of whether it is the lessee or the lessor, if the lease term expires, it is an actual breach of contract if it is clearly stated that it will not lease.

The so-called anticipatory breach of contract refers to the express and implicit non-performance of the contract when the performance period of the contract arrives, and the breach of contract is subject to liability for breach of contract. As for why the distinction between expected and actual is to standardize the way of bearing responsibility after breach.

Article 107 of the Contract Law stipulates 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." This article is a provision for actual breaches.

Actual breach of contract refers to the non-performance or incomplete performance of a contractual obligation by a party after the performance period has expired.

With regard to the relationship between anticipatory default and actual default, it has been argued that there is a qualitative unity between expected default and actual default. Anticipatory default is the same as "actual default", "both are actual defaults in substance". Professor Wang Liming believes that "the form of default can be divided into two categories:

That is, the expected default and the actual default, which together constitute the pattern and content of China's default".

This must be an actual breach of contract. Because the consequences are immediate.

I don't know what kind of breach it is, but if the contract doesn't expire and you don't rent, it must be a breach of contract!

Legal analysis: For a breached contract, if the breach is expected, and the other party expresses the intention of breach of contract by express or implicit, then we can not perform our contractual obligations. After determining the fact of breach of contract, the breaching party can find the other party to negotiate with the seller in advance, so as to reduce the losses caused by the breach of contract, so as to reduce its own liabilities.

The other party shall cooperate with the breaching party when it notifies the situation in advance.

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 before burial or its performance of 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 contract does not expire and the rental is not rented, it is considered a breach of contract, and the liquidated damages shall be paid according to the agreement of the rental contract, and the contract shall be settled through negotiation if the liability for breach of contract is not determined. Where possible, the landlord should be notified in advance. If the two parties to the lease clearly agree at the time of signing the contract that the lease will not be refunded in advance, it can be handled in accordance with the contract.

However, if there is no clear provision in the contract, the landlord shall not withhold the rent without reason in the event of an early withdrawal, and shall refund the remaining rent to the tenant without interest.

1. How long is the term of the lease contract dispute?

The term for lease contract disputes is three years. According to the relevant laws and regulations, the litigation rights holder has the right to file a civil lawsuit with the people's court within three years from the date on which the litigation rights holder knows that the rights have been harmed or should have known that the rights have been harmed and knows the perpetrator, requesting that the perpetrator bear corresponding responsibility for his or her acts.

Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for filing a request to a people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged by the lawsuit and the obligor.

Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and if there are special circumstances, the people's courts may decide to extend the period on the basis of the application of the rights holder.

2. How to write the lease contract.

Basic information, lease term, rent, deposit, maintenance, contract termination, liability for breach of contract, dispute resolution, etc.

According to Article 700 of the Civil Code, a lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

Article 704 The contents of a lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, and maintenance of the leased property.

Article 705 The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid.

If the rental contract is not expiring, the unilateral breach of contract needs to bear the liability for breach of contract, if the rental contract states that the liability for breach of contract can be negotiated in accordance with the content of the contract, if the contract does not specify the liability for breach of contract, the rental breach will generally require the breaching party to bear responsibility according to the actual situation of the breach, and the landlord can require the tenant to surrender the lease in advance, affecting the economic losses caused by the rental of the house. According to the relevant laws and regulations, the lessor and the lessee need to sign a lease contract in accordance with the law to protect the rights and obligations of both parties, and generally stipulate the rental period of the house, the cost and payment method of housing training, and liquidated damages. During the term of the contract, the tenant pays the agreed rent at regular intervals, thereby obtaining the right to use the house and returning the house to the lessor in good condition at the end of the contract.

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 income, and the lessee pays the rent.

If the rental contract has not expired and is unilaterally breached, the non-breaching party may terminate the contract and require the breaching party to bear the liability for breach of contract and pay liquidated damages; If the non-breaching party refuses to exercise the right to terminate the lease contract, it may require the breaching party to continue to perform the contract. After the occurrence of a breach of contract by one party, if the non-breaching party requires the breaching party to bear the liability for breach of contract, if the agreed liquidated damages are "lower" than the actual losses, the non-breaching party may sue the court to request an increase in the liquidated damages; If the agreed liquidated damages are "excessive" higher than the actual losses, the breaching party may sue the court to request a reduction of the liquidated damages. The same is true for liquidated damages for the lease of Gaopei housing.

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 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with 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; However, the failure to do so may exceed the losses that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Summary. Qinqin is happy to answer for you: if the rental contract has not expired and there is a unilateral breach of contract, the non-breaching party can terminate the contract and require the breaching party to bear the liability for breach of contract and pay liquidated damages; If the non-breaching party refuses to exercise the right to terminate the lease contract, it may require the breaching party to continue to perform the contract.

If the rental contract has not expired and there is a unilateral breach of contract, how to calculate it.

Hello. Qinqin is happy to answer for you: if the rental contract does not expire and the contract is unilaterally breached, the non-breaching party can terminate the contract, require the breaching party to bear the liability for breach of contract and pay the compensation for breach of contract; If the party refusing to exercise the right to terminate the lease contract, the breaching party may be required to continue to perform the contract.

If the rent is not renewed, the landlord asked for a deposit for a month and a half at that time, and now it is not due, the deposit for one and a half months is not returned, and the compensation is still required, is it reasonable?

Dear, did the contract you signed at that time have any questions about the deposit?

Is the one-and-a-half-month deposit required at that time reasonable, and is it reasonable to ask for liquidated damages if it does not expire?

Is there a clause in the contract that the contract does not expire, the deposit is not refunded, and the liquidated damages are paid?

At that time, the agent asked for one month's rent as a deposit, but the landlord asked for one and a half months.

Is the one-and-a-half-month deposit required by the landlord reasonable?

The one-and-a-half-month deposit requested by the landlord is reasonable, as the actual deposit will not be more than two months.

If there is a penalty in the contract, if it is not due, how much liquidated damages need to be paid, and is there a stipulation?

It depends on how your contract stipulates the kiss.

Is there a contract**? You can send it to me and let me see it.

1. After the breach of contract by one party, if the non-breaching party requires the breaching party to bear the liability for breach of contract, if the agreed liquidated damages are "lower" than the actual loss of remembrance, the non-breaching party may sue the court to request an increase in liquidated damages; If the agreed liquidated damages are "excessive" higher than the actual losses of Ranye, the defaulting party can sue the court to request a reduction of the liquidated damages. The same goes for liquidated damages for housing leases.

2. The calculation of liquidated damages in the rental contract shall be calculated according to the relevant provisions of the contract, and the deposit, liquidated damages and damages shall not be double-calculated. After the termination of the rental contract, the calculation of the penalty varies depending on the situation.

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 the performance of its contractual obligations does not conform to the agreement on the banquet, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

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 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.