Questions about the lease contract of the house, the question of the lease contract of the house

The first question is that if Party C is a bona fide third party, i.e., Party C does not know that Party A is the landlord of the house and signs a contract with Party B, according to the provisions of the Property Law, Party C has the right to refuse to pay the rent, and Party A violates the requirements of the Contract Law by collecting rent from Party C by coercion, and if Party A causes Party C's economic loss or personal injury, Party C may file a civil lawsuit to obtain compensation, and if the circumstances are serious, Party C may initiate a criminal lawsuit for the crime of compulsion.

Second, according to the relevant provisions of the Property Law and the Contract Law, if Party C, as a bona fide third party, intends to move out after learning the truth, the landlord is obliged to refund the rent to Party A, and Party B shall bear the economic losses caused thereby.

The brocade rat is very correct. However, one sentence should be amended: "then the landlord is obliged to return the rent to Party A, and Party B shall bear the economic losses caused by Party A". If it is changed to ", the landlord is obliged to refund the rent to Party C, and Party B shall bear the economic losses caused thereby. ”

The phrase "Party C has already paid the rent" in your supplementary question is not accurate from the word. If it is handed over to Party A and there are payment procedures as evidence, then Party C and Party A have formed a de facto contract, and Party C may file a civil lawsuit to terminate the contract and refund the rent.

In the process of renting the property, Party C should also carefully verify the original information of the landlord to avoid unnecessary losses caused by personal negligence, which is also a flaw of Party C in this case.

You didn't find out the situation when you rented the house, it was not that the landlord deliberately concealed you, you checked out or you breached the contract, and the landlord can let you compensate for the loss and deduct your 2 months' rent is not much.

If you can prove that the landlord deliberately concealed the truth from you, you can ask to move out and get back the rent you have paid.

It seems that it is difficult for you to prove that the landlord conceals it, and if you want to get the money back, you can help him find another rental as soon as possible, if the house is in a good location, it is okay to do other business, it should not be difficult, the rent of the new tenant found is not lower than yours, the landlord has no actual loss, you can get the money back, and the new tenant needs to ask for money, but it should be noted that you need the landlord's consent to find a new rental.

Show a valid ID card, which means that you just have to show the ID card to the landlord, and the failure to charge the landlord will not affect the validity of the contract, in fact, the landlord does not have the right to charge your ID card, and it is illegal for him to take the charge. He can look at it, but he can't hold your ID.

You have to compensate the landlord for a certain amount. Because you are renting a house for business, after renting it, you find that this place is not suitable for your business conditions, but this is not the landlord's house is problematic, it is caused by your lack of understanding of the surrounding environment. There is no fault for the landlord, and once you quit the lease, the time to negotiate with you in the early stage and the time to find a tenant again are losses for the landlord, and the landlord should be compensated to a certain extent.

There is no specific legal provision for this compensation, generally speaking, one to three months' rent is okay, depending on how the two parties negotiate.

Leasing is a matter for both the landlord and the tenant, and there is no fixed template. Every agency is different. In general, try to make the agreement as clear as possible. But some agreements are good for the landlord and some are good for the guest.

Here's a template for reference:

There is generally an agreement in the lease contract that if you quit the lease early before the expiration date, you will be compensated for liquidated damages (usually one month's rent) according to the agreement. If the landlord resells the house to others during the term of the lease contract, the tenant needs to sign a "waiver of preemption" agreement, because no matter who the landlord sells the house to, even if it is sold to his relatives, the tenant needs to sign such an agreement, because under the same conditions, the tenant has the right of first refusal, if you have the strength and intention to buy the house, even if the landlord has signed a contract with the buyer, you will definitely win as long as you go to the court to sue, and the landlord must sell the house to you first under the same conditions. The landlord as the owner has 4 rights - possession, use, income, disposal, rental belongs to the landlord in exchange for the right to use the right to income, the tenant has the right to use the house during the lease period, the law is to protect the tenant's right to use, if the landlord ** the house (with your consent) can not destroy the original lease contract signed with you, that is, the third party must follow the term and conditions of the original lease contract after buying the house, and the original lease contract continues to be valid.

Generally, after the transfer to a third party, a statement of fact agreement signed by the original landlord can be signed in addition to the lease agreement. The lease contract generally also stipulates the conditions for Party A to take back the house in advance, and generally compensates the tenant for one month's rent, that is, the landlord has the right to take back the house in advance, but the early resumption of the house is a breach of contract, and it must inform you in advance according to the time agreed in the contract and compensate you according to the agreement (additional compensation in addition to the return of the deposit), if it is shorter than the agreed time, you can ask it to double the compensation.

Through the housing lease contract template, you will be told how to write the housing lease contract, and tell you the precautions for writing the rent lease contract, so that you know how to write a good housing lease contract.

Since the buyer has continued to bear the lease relationship between you, that is, the contractual rights and obligations have been transferred to the buyer, then the current buyer only needs to sign a confirmation letter to you.

See if there is such an agreement in the original contract If not, there is no breach of contract, and you also need to re-sign the lease contract with a third party.

The contract between the landlord and the buyer is not established!

You don't have to bother!

If the buyer forces you to relocate, you can ask for the remaining lease money back and ask them to compensate for the related financial losses!

Well, according to the law, the sale does not break the lease, neither the landlord nor the buyer has the right to let you move out, you can not move until the lease expires. If he privately negotiates with you to give you greater benefits, you can also consider suing if you are forced to move out.

Two methods:

You can continue to rent until the deadline agreed in the contract;

The original landlord and the new landlord may negotiate a settlement plan, and if they cannot reach a consensus, they may file a civil lawsuit with the local people's court;

Buying and selling does not break the lease. You can also continue to live for the duration of the contract.

The sale does not break the lease, you can continue to rent; On the other hand, if the landlord sells the house without any business with you, and the buyer asks you to move out, you can not move out at all, unless the landlord or buyer can compensate you for the loss.

Buying and selling does not break the lease. It's best to negotiate a settlement.

If the other party is tough, you can assert the right of first refusal and ask the court to find their sale and purchase relationship invalid.

Lawyer Wei Feng.

Personally, I think that there are certain conditions and reasons for the landlord to confiscate your deposit.

1. Although there is a phenomenon of water and heating outages in the house, it is necessary to distinguish whether it is caused by the landlord's responsibility. If the water and heating are cut off due to the perennial disrepair of the house or poor pipes, etc., it is the responsibility of the landlord; If it is caused by the maintenance of water supply, heating unit or other reasons, the landlord is exempt from liability.

2. If you quit the lease early, under normal circumstances, you will be liable for breach of contract (unless you can prove that the house is uninhabitable and you will quit the rent). Even if you give your landlord one month's notice, there is no guarantee that new tenants will continue to rent the property after you quit the lease. In general, it will take some time for the new tenant to move in after you quit the lease, and the landlord will be responsible for the vacancy loss of the property during that period.

3. The contract also stipulates that "the rent will not be refunded if the lease is surrendered". If you move out before the end of the lease period, you are surrendering the lease (it cannot be understood as "not renewing the lease").

In summary, although you have certain reasons to ask to quit the rent, your actions will still cause financial losses to the landlord. It's okay for your landlord to forfeit your deposit to cover your losses.

Sue her. Industry and commerce or housing management departments can do.

1. Party A's behavior is a modification of the contract or a new invitation, as long as Party B does not agree to the bridge, Party A has to rent the building in accordance with the original lease contract, and it is a breach of contract to increase the rent without authorization.

2. Party B may require Party A to perform the contract in accordance with the contract, and Party A may also be required to compensate for the loss of breach of contract.

3. Party B can resolve the dispute in several ways: litigation (to file a lawsuit in court), mediation (local labor insurance department), arbitration (if agreed in the contract).

Negotiate with Party A within the range of rent that you think is reasonable, or you can find a lawyer to talk to Party A.

Consult with a lawyer, but from a normal point of view, if you file a lawsuit, you basically have a better chance of winning. Collective clauses are available in contract law.