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You are justified in this matter in strict accordance with the Contract Law, but if you deal with it in accordance with the Civil Procedure Law, you may lose the lawsuit. Materially speaking, if you are supposed to sign for three months, but you agree with the landlord that the contract will state six months, and verbally agree that you can terminate the contract and get back the deposit after three months, you will of course have the right to demand a refund of the rent according to the provisions of the lease contract under the contract law. But in the event of a lawsuit, you have to prove these points (especially the agreement to refund the rent), but in the presence of the two of you (I guess it is), you can't prove the existence of the agreement unless the landlord is willing to admit it.
The judge can only rely on the facts he can be sure of: you signed a six-month lease contract, but you terminated it three months early. Therefore, the landlord can only be awarded the right to withhold the deposit.
After all, you are too inexperienced in society and believe what others say.
In addition, the contract is generally in duplicate, and even if he alters his copy, it does not matter, and it does not affect the validity of the contract.
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It can only be subject to the contract.
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I would like to know how you signed the contract. He writes for three more months, and you sign it too.
There are several contracts, and both parties have signed them. If one party does not sign, the contract will be null and void.
If the contract is altered, it is invalid, and it is a good review.
And tell my brother the content of the contract, and my brother will help you with your moves.
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Legal analysis: If the rental contract has not expired, the landlord can not return the deposit if the landlord is notified one month in advance to move out.
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.
Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.
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Summary. The general rental contract is a breach of contract and does not return the deposit, you have to see if your contract is a breach of contract and does not return the deposit, if it is, you don't have to worry, even if you sign a one-year contract, you live for four months and you don't rent, it is a breach of contract, that is, the deposit is not refundable liquidated damages, the contract is signed for one year, the rent is paid for half a year, and the rent is returned for four months, the landlord does not return the deposit and rent, we did not return, and moved away directly, and now the landlord sues us to ask us to pay the remaining half a year's rent.
The keys were handed over by the agent, but the landlord refused to accept them.
At that time, I did not pay the water and property fees for these four months.
Is it okay to hand these in.
Yes, dear, dear, what is the liquidated damages for you to sign the contract.
It seems that the penalty is a non-refundable deposit.
The general rental contract is a breach of contract and does not return the deposit, you have to see if your contract is a breach of contract and does not return the deposit, if it is, you don't have to worry, even if you sign a one-year contract, you live for four months and you don't rent, it is a breach of contract, that is, the deposit is not refundable liquidated damages, and now the landlord is suing us, if ** then we are not in court can also.
You have to first look at your contract to see whether the deposit is not refundable and liquidated damages, you can also negotiate with the landlord to pay him four months of electricity and water bills, the landlord does not answer now, can not be contacted, if the contract states that the deposit is liquidated damages, even if we are not only need to pay property fees and water and electricity bills.
What is the reason why the landlord sues you, whether you have not paid the rent for half a year, or you have defaulted, or you have not paid the water, electricity and property fees for four months
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Summary. Pro-<>
We'll be happy to answer your questions. You should not pay the remaining half a year's rent. According to the provisions of the Contract Law, when one party fails to perform its contractual obligations within the time agreed by both parties, the other party has the right to require it to perform its contractual obligations or claim compensation for losses.
In this case, the tenant failed to perform its contractual obligations within the time agreed by both parties, i.e., did not notify the landlord 30 days in advance to quit the lease, in this case, according to the provisions of the Contract Law, the landlord can require the tenant to perform its contractual obligations or claim compensation for losses, but cannot require the tenant to pay the remaining half year's rent. <>
One year after the contract was signed, the rent paid by the half-pants balance travel year, the rent was withdrawn after four months, the landlord did not return the stool deposit and rent, and we did not return it, and directly stopped the lead and moved away, and now the landlord sues us and requires us to pay the rent for the remaining half a year.
Dear <> will be happy to answer for you. Jujube should not pay the remaining half a year's rent. According to the provisions of the Contract Law, when one party fails to perform its contractual obligations within the time agreed by both parties, the other party has the right to require it to perform its contractual obligations or claim compensation for losses.
In this case, the landlord may require the tenant to perform its contractual obligations or claim compensation for damages according to the provisions of the Contract Law, but cannot require the tenant to pay the remaining half year's rent. <>
Dear, is there anything else you don't understand? You can also tell us more about your situation, and I will answer for you.
At that time, the deposit and rent were not refunded, and there was no loss of rent.
It's just that the property fee and water fee have not been paid, so can you make up for it?
So you shouldn't pay the rent for the remaining half a year.
Do you still have a reservation for the contract?
The contract is not with me.
When I left, I put it in the rental house, but the landlord had a copy.
And there was information that the landlord was notified in advance at that time, but the landlord did not let us sublet, and the contract said that it was possible to sublet.
Dear, are you renting a house through an agent?
Yes, the intermediary said that they were not clear and needed to be resolved by the parties.
Generally, the agent will also keep a rolling rental contract, and the landlord's starter Liang sued you to pay the remaining half a year's rent He needs to clearly state in the contract that if you don't rent for one year, it will be calculated as one year's rent before it will take effect Have you paid attention to it before.
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Summary. Hello The landlord does not check out the rent, and needs to make a decision according to the specific situation: 1. If the lease contract is signed, the content of the contract shall prevail; 2. If the contract is not signed or the contract is not specified, if the landlord breaches the contract and takes back the house in advance, the landlord can be sued.
The house is still due in one month, what should I do if the landlord does not check out the rent.
Hello, filial piety, good sleepiness, the landlord does not check out and cleverly thinks about the rent, and needs to make a decision according to the specific situation: 1. If the lease contract is signed, the content of the contract shall prevail; 2. If the contract is not signed or the contract is not specified, if the landlord breaches the contract and takes back the house in advance, the landlord can be sued.
Legal basis: Article 458 of the Civil Code shall be in accordance with the contract for the use, income, and liability for breach of contract arising from the contractual relationship, and the use, income, and liability for breach of contract of immovable or movable property; Where there is no agreement in the contract or the agreement is not clear, follow the relevant laws and regulations. Article 500 contains Article 66 of the contract, if the contract has not been performed, the performance shall be terminated; If it has already been performed, the parties may request restitution or other remedial measures according to the performance and the nature of the contract, and have the right to claim compensation for losses.
If the contract is terminated due to breach of contract, the person with the right to terminate may request the breaching party to bear the liability for breach of contract, unless the parties have agreed otherwise. After the termination of the main contract, the guarantor shall still bear the guarantee liability for the civil liability that the debtor should bear, unless otherwise agreed in the guarantee contract.
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Summary. Hello dear! For a fixed-term housing lease, early surrender needs to be based on the agreement of the contract, and it shall be handled in accordance with the agreement of the contract. In the case of an indefinite lease of the premises, the parties may terminate the lease contract at any time, but the lessor should also notify the lessee in advance.
The house is still due in one month, what should I do if the landlord does not check out the rent.
Hello dear! If there is a fixed-term housing lease, whether Chundan early surrender depends on the agreement of the contract, and it shall be handled in accordance with the contract. In the case of an indefinite lease of the premises, both parties may terminate the lease contract at any time, but the lessor shall also notify the lessee in advance.
Hello dear! In the case of housing lease, if the lessor breaches the contract when the contract expires, and there is an agreement in the contract to slow down the hail, the liquidated damages shall be compensated according to the agreement. If there is no agreement on the liquidated damages or the agreement is too low, you can request a change based on whether the agreed liquidated damages are too high or too low.
If there is no agreement on liquidated damages in the 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 rent shall be returned. If the negotiation of compensation fails, a lawsuit can be filed in court.
Hello dear! The solutions for the landlord not to refund the deposit are:1
Try to solve the problem through coordination between the two parties first; 2. Through the coordination and assistance of a third-party mediation agency, you can ask the corresponding regulatory department, the housing authority, to coordinate in the middle of the trip, or you can choose to go to the corresponding department to complain; 3. Sue Fang Du He Pindong through legal channels.
Hello dear! According to the legal basis: Article 733 of the Civil Code of the People's Republic of China of Tongjing The lessee shall return the leased property upon the expiration of the lease term.
The returned leased property shall conform to the state in which it is used in accordance with the agreement or according to the wheel and nature of the leased item. Article 703 of the Civil Code of the People's Republic of China 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.
The problem you describe is fine from either the point of view of reason or law. Logically, the landlord's rental house is about to expire, and the tenant has made it clear that he will not renew the lease, so it is acceptable for the landlord to take potential tenants to see the property in advance in order to rent out the house as soon as possible; In terms of law, the lessor and the lessor have formed a housing lease relationship, and when the lease term is about to expire, the lessor can look for potential tenants in advance, and with advance notice and without affecting the current tenant, the current tenant shall provide certain assistance. If the current tenant incurs certain expenses (e.g., additional transportation expenses, etc.) or suffers losses (e.g., if there is evidence that it has interfered with work, etc.) as a result of cooperating with the lessor, the current tenant may be required to compensate or compensate the lessor.
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