How to compensate if the landlord does not ask to move out when it is due

If the lease contract has not expired and the landlord asks the tenant to move out, the tenant can request the landlord to compensate him according to the contract. If the landlord refuses to compensate, the tenant can take legal action against the landlord.

The way to bear the liability for breach of contract shall be stipulated in the contract, and there is no general negotiation settlement in the contract, and more importantly, it can only be changed if the two parties reach an agreement through negotiation.

If the landlord asks the tenant to move on the grounds that he has sold the house to someone else, according to the law of our country, the sale does not break the lease, that is to say, the landlord's act of buying and selling his house has nothing to do with the previous lease contract. It is possible for the landlord to sell the property, but the lease contract continues to be valid. Moreover, as a lessee, you can also enjoy the right of first refusal under the same conditions.

There are some things you should pay attention to when renting an apartment.

1. Oral agreements cannot be signed. To rent a house, you must sign a rental contract, and the rental contract must be detailed. Even if you don't know what the details of the common version of the housing lease contract are, you need to clarify who pays for water, electricity, gas, **, cable and TV viewing fees, sanitation fees and property management fees, etc., and list the figures before renting to distinguish responsibilities.

It is also best to write down the maintenance and expenses of the house in the contract to avoid trouble in the future. Also check whether the last water, electricity, and property management, as well as optical fiber ** fees have been settled.

2. Who should bear the obligation and cost of repairing the house during the lease period. If there is a problem or failure in the house and its ancillary equipment during use, who should repair it and who should bear the cost, this is what both parties need to make clear in advance, otherwise, once there is a problem, it is very easy to have disputes.

3. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid, and if the third party causes losses to the leased property, the lessee shall compensate for the losses. This clause stipulates the lessee's right to sublease, indicating that the lessee can also exercise part of the lessor's rights as long as it has the legal authorization of the lessor, but the exercise of its rights is subject to certain restrictions.

Legal basis

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.

Legal analysis: If the landlord lets the tenant move out before the lease expires, it is a breach of contract, and the landlord and the tenant can agree that one party shall pay a certain amount of liquidated damages to the other party according to the breach of contract, and can also agree on the calculation method of compensation for losses arising from the breach of contract.

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, 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: Where 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 that it bear liability for breach of contract before the expiration of the performance period.

Article 579 of the Civil Code of the People's Republic of China: Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary obligations, the other party may request payment.

1. The compensation for moving out of the house before the expiration date of the landlord is as follows:

1) If the landlord evicts out the housing lease contract before it expires, the landlord shall be required to compensate for the rent during the remaining lease period;

2) If the parties have agreed on liquidated damages in the contract, the landlord shall compensate in accordance with the agreement, and 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.

2. Legal basis: Article 726 of the Civil Code of the People's Republic of China.

If the lessor sells the leased house, it shall notify the lessee within a reasonable period of time before the sale, and the lessee has the right of first refusal to purchase under the same conditions; However, this does not apply where the co-owners of the house exercise the right of first refusal or the lessor sells the house to close relatives.

If the lessee fails to make a clear statement of purchase within 15 days after the lessor has fulfilled its notification obligation, it shall be deemed that the lessee has waived the right of first refusal.

Article 727.

If the lessor entrusts the auctioneer to auction the leased house, it shall notify the lessee five days before the auction. If the lessee does not participate in the auction, it shall be deemed to have waived the right of first refusal.

2. What should be paid attention to in housing leasing?

1. Pay attention to the date of signing the contract, the time of rent due, the way of paying rent and the date of rent payment;

2. How to compensate the landlord for early termination of the contract;

3. It is necessary to clarify the location, number of rooms, area, quality, lease period, etc. of the leased house.

Legal Analysis: Compensation as stipulated in the contract. When renting a house outside, if the contract does not expire and the landlord asks you to move, we can terminate the contract by agreement, require the landlord to vacate the rent and compensate for the related losses, and if the negotiation is unsuccessful, you can file a lawsuit to protect your legitimate rights and interests.

Legal basis: Article 726 of the Civil Code of the People's Republic of China If the lessor sells the leased house, it shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the right of first refusal to purchase under the same conditions; However, there is an exception for the co-owners of the house exercising the right of first refusal or the lessor selling the house to a close relative.

If the lessee does not expressly indicate the purchase within 15 days after the lessor has fulfilled the notification obligation, it shall be deemed that the lessee has waived the right of first refusal.

If the landlord does not request to move out within the expiration date, he can be compensated according to the amount and proportion standard agreed in the contract, and if the contract does not expressly stipulate that compensation can be made according to the actual loss, the maximum amount of compensation shall not exceed 30% of the actual loss.

Civil Code of the People's Republic of China

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 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;

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

Civil Code of the People's Republic of China

The fifth potato feast is one hundred and eighty-five.

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. If the agreed liquidated damages are lower than the losses caused, the people's court or the arbitration machine 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.