What should I do if I default on my rental house? What to do if you default on your rent

It depends on the details of the contract you sign, but usually you will have to pay the penalty with a deposit.

Hello! You don't have to pay attention to him!

Hello! Did the landlord hand over the house to you, if you didn't hand over the house, you don't have to pay attention to him!

The deposit can't be returned, but there is no need to pay the heating bill, it doesn't make sense, the court is not opened by his family

1: When you signed the contract, did you indicate how many days in advance to inform the landlord?

Is the heating bill your own or is it? Explain the situation and I can give you some advice.

You let him sue you, he doesn't dare, he certainly didn't pay the tax.

It's okay to sublease out, or run away, and if you can't do it, you will go to court.

Don't you want a deposit?

It doesn't make sense to pay the heating bill.

Leave it alone, let him sue, you don't have to worry about anything.

You can leave it alone! Because if you don't move in, even if you default, it's only one month's rent!

If you can't check out, of course, you will have to settle the rent and utility bills that have been incurred. I also have to lose the 1,200 yuan deposit.

Because the 1200 yuan has two functions, one is that you damage the equipment and appliances in the house as compensation, and the other is that you are in breach of contract, the other party of the contract can not return your deposit, this role is the nature of liquidated damages, if your contract does not clearly stipulate that this money is liquidated damages, plus you meet a good landlord, maybe you can settle the rent and utilities and leave, or pay the landlord two months more rent.

Don't pay attention, according to the normal is a month's liquidated damages, you haven't moved in yet, the deposit is deducted, you can't sue, I believe there is no record in the trading center, so you have to pay taxes.

Legal analysis: If the party breaches the contract due to renting, it needs to bear the liability for breach of contract or pay the corresponding liquidated damages according to the signed lease contract.

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 585: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.

In the process of renting a house, the breaching party may terminate the contract and require the breaching party to bear the liability for violating the contract and pay liquidated damages and compensation. 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.

[Legal basis].Article 577 of the Civil Code.

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.

Article 584.

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 the 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, it shall not exceed the losses that may be caused by the breach of the contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Breach of tenancy contract: The non-breaching party may require the breaching party to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. If there is no agreement on the liability for breach of contract or the agreement is not clear, the other party may be reasonably requested to bear the liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration according to the nature of the subject matter and the size of the loss.

1. How much compensation should be paid for breach of contract.

1. 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 of contract. Therefore, liquidated damages have the characteristics of punitive, and they do not presuppose that the non-breaching party suffers losses.

2. Generally speaking, the upper limit of liquidated damages in the contract is not more than 30% of the actual loss. However, if it is too high or too low, the court can be requested to grant a decrease or increase. Provisions:

If the agreed liquidated damages are lower than the losses caused, the parties may request the court to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the court to appropriately reduce them.

3. The market ** used as the basis for calculating the amount of loss should generally be the market ** of the place of general performance. If there is no market in the place of performance and it is difficult to determine the objective market**, in this case, the market of the place where the buyer is most likely to purchase the substitute plus reasonable transportation costs shall be used as the basis for calculating the amount of loss.

2. How to calculate the liquidated damages in the housing lease contract?

1. If there is no agreement on liquidated damages in the housing lease contract, the liquidated damages shall be calculated according to the actual losses caused to you by the other party's breach of contract and the deposit and excess room fees shall be returned.

2. The payment of liquidated damages for rental is independent of the payment of rent, i.e., the payment of rent.

3. Handling of liquidated damages for renting: both parties shall deal with the agreed amount in accordance with the lease contract, and if the negotiation fails, they can file a lawsuit in the court.

4. If the agreed liquidated damages are too high or too low, they can be changed, and if the agreed liquidated damages exceed 30% of the actual loss, they can be considered to be too high and can be reduced.

5. If there is an agreement on liquidated damages in the lease contract (the amount of liquidated damages for renting a house is determined by the parties through prior agreement), the liquidated damages shall be paid according to the agreed proportion.

Legal basis: Article 577 of the Civil Code of the People's Republic of China 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. Article 578 of the Civil Code of the People's Republic of China provides that if one of the parties expressly states or shows by its own conduct that it does not perform its contractual obligations, the other party may request it to bear liability for breach of contract before the expiration of the performance period.

Legal analysis: 1. Actual performance 2. Take remedial measures 3. Compensate for losses 4. Pay liquidated damages 5. The parties may agree on a deposit, and the deposit shall be executed in accordance with the provisions of the Civil Code, but if both the deposit and liquidated damages are agreed, the parties may choose to apply one of them.

Legal basis: Article 577 of the Civil Code of the People's Republic of China 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.

Article 588:Where the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clause when one party breaches the contract.

If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses in excess of the amount of the deposit.