If the rental contract is valid for 6 months, can I only quit the lease after 6 months?

Updated on parenting 2024-07-25
13 answers
  1. Anonymous users2024-02-13

    In general, the parties to the contract perform their rights and obligations according to the time specified in the lease contract. If the lease contract states that the rental period is 6 months, it can be considered that the tenant cannot evict the tenant within 6 months, and the tenant should pay the rent on time within 6 months and ensure that the lease is fully available. There are also some special circumstances that can be terminated early, such as if the tenant does not pay compensation for the damage to the property, and the tenant can claim compensation and terminate the contract.

    Legal analysis

    According to the law, the term of the lease may not exceed twenty years. If it is more than 20 years old, the excess part is invalid. Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

    If the term of the lease exceeds six months, it shall be in writing. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease. If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in losses to the leased thing, the lessor may terminate the contract and claim compensation for the loss.

    If the lessor knows or should know that the lessee is subleased, but does not raise an objection within six months, it shall be deemed that the lessor agrees to the sublease. If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract. In the event of individual circumstances, the lessee may terminate the contract

    The leased property is sealed or seized by the judicial or administrative organs in accordance with law; The ownership of the leased property is disputed; The leased property violates the mandatory provisions of laws and administrative regulations on the conditions of use.

    Legal basis

    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.

    Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

    Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease. Article 711 If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.

    Article 718 Where the lessor knows or should know that the lessee is subleased, but does not raise an objection within six months, it shall be deemed that the lessor agrees to the sublease. Article 722 If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract. Article 724 In any of the following circumstances, if the leased property cannot be used due to reasons attributable to the lessee, the lessee may terminate the contract:

    1) The leased property is sealed or seized by the judicial or administrative organs in accordance with law;

    2) The ownership of the leased property is disputed;

    3) The leased property violates the mandatory provisions of laws and administrative regulations on the conditions of use.

  2. Anonymous users2024-02-12

    Rental contract. It is valid for 6 months, but you can quit after 6 months, and you have not to surrender the lease to default.

  3. Anonymous users2024-02-11

    Hello! The validity period is 6 months, which is valid for 6 months after the contract comes into effect, and if one party breaches the contract, it must be done according to the breach of contract clause.

    It only represents a personal opinion, don't spray if you don't like it, thank you.

  4. Anonymous users2024-02-10

    Generally, the rental contract requires a one-month security deposit, and the tenant quits the lease early, and the security deposit belongs to the landlord;

    If the landlord quits the lease early, the deposit will be returned to the tenant and the corresponding month's deposit will be compensated.

  5. Anonymous users2024-02-09

    Legal analysis: If the rental contract does not reach the occupancy date and wants to quit the lease, it constitutes a unilateral breach of contract, and the rent can be refunded, and the liquidated damages need to be borne. When renting out the house, the rental searcher Zhaobo must sign a housing lease contract with the lessee, and after the lease is established, the parties must fully perform the obligations of the contract.

    Failure to perform the lease contract constitutes a breach of contract.

    Legal basis: Article 577 of the Civil Code of the People's Republic of China [Liability for breach of contract] 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.

  6. Anonymous users2024-02-08

    After the lease expires, you will live for less than a month, and it will be up to you and the landlord to negotiate it. Generally, if you live for more than 15 days, it will be counted as one month, and if it is less than 15 days, it will be counted as half a month. It's all up to the landlord to figure it out.

  7. Anonymous users2024-02-07

    Generally speaking, if the contract period is full, but you still live, you will still be charged rent, for example, 1500 a month, you have lived for half a month, that is, you will be charged 750, so it will be charged according to how long you live.

  8. Anonymous users2024-02-06

    It depends on your relationship with the homeowner. Normally, only a few more days, and the relationship with the owner is good, generally no charge. The relationship is generally collected within ten days by half a month, more than half a month by the whole month, the house will be deducted from the deposit!

  9. Anonymous users2024-02-05

    If the landlord has a good relationship with you, you tell the landlord in advance that the money may be calculated according to the number of days you stay.

  10. Anonymous users2024-02-04

    You can negotiate with the landlord to pay for this.

  11. Anonymous users2024-02-03

    The lease contract has not expired, and if you don't want to rent, you can negotiate with the landlord whether it can be terminated early. Whether the rent can be refunded is subject to the contract, and if the unilateral party constitutes a breach of contract, the rent paid may be withheld as liquidated damages. According to Article 577 of the Civil Code, if a party fails to perform its contractual obligations or fails to comply with the contractual obligations, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

    Article 578 stipulates that if 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 it to bear the liability for breach of contract before the expiration of the performance period.

    Article 577 of the Civil Code: If one of the parties fails to perform its contractual obligations or the performance of the contract 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 provides that if one of the parties expressly states or shows by its own behavior that it does not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.

  12. Anonymous users2024-02-02

    Summary. Dear, I'm glad to answer your <>

    Staying for one month after the expiration of the tenancy contract and moving out: According to the provisions of the Contract Law, if you continue to rent without renewing the tenancy after expiration, it will be regarded as an indefinite tenancy, and you must give reasonable notice to the other party before terminating the contract. The deposit contract shall be in written form, and the time limit for the payment of the deposit shall be stipulated in the contract, and the deposit contract shall take effect from the date of actual payment of the deposit.

    After the debtor performs the debt, the deposit shall be dissipated or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.

    After the expiration of the rental contract, I continued to live for one month and checked out.

    Dear, I'm glad to answer your <>

    Staying for one month after the expiration of the tenancy contract and moving out: According to the provisions of the Contract Law, if you continue to rent without renewing the tenancy after expiration, it will be regarded as an indefinite tenancy, and you must give reasonable notice to the other party before terminating the contract. The deposit contract shall be in written form, and the time limit for the payment of the deposit shall be stipulated in the contract, and the deposit contract shall take effect from the date of actual payment of the deposit.

    After the debtor performs the debt, the deposit shall be dissipated or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the debts contained in the agreement, the deposit shall be returned double.

    Legal basis: Article 128 of the Contract Law [Settlement of Contract Disputes] The parties may resolve contract disputes through conciliation or mediation. If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the dust cherry arbitration agreement. The parties to a foreign-related contract may apply for arbitration to the China Arbitration Institution or other arbitration institutions in accordance with the arbitration agreement.

    If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court. The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where the other party refuses to perform, it may request the people's court to enforce it.

    Before I signed a contract with the landlord for half a year, the contract expired, and then I didn't sign the contract again, and then I lived for two or three months.

    In the middle of the lease, the Wu Bureau can negotiate with the landlord to return the deposit and demolition money, and the parties to the lease contract can change the content of the contract. You can negotiate with the landlord of the shack to settle the matter, and it can be considered a change of contract. If the negotiation fails, resulting in the inability to continue the performance of the contract, it constitutes a breach of contract, and liquidated damages should be paid to the landlord.

    Whether the original contract is valid or invalid.

    Effective. What to do if the landlord does not agree to the refund of the deposit.

    The first is negotiation, which cannot be resolved through negotiation, but can be resolved by litigation.

    How to sue. 1. Draft a complaint and submit it to the Human Skin Burial Source Civil Law Liquid Imitation Institute; 2. The court shall serve a copy of the complaint on the defendant after being reasoned; 3. The defendant submits a reply within 15 days; 4. The court notifies the parties three days in advance and makes an announcement; 5. The court hears the case and makes a judgment.

  13. Anonymous users2024-02-01

    1. What should I do if the rental contract has not reached the check-in date and I want to quit the lease?

    1. If you want to quit the lease before the move-in date of the rental contract, the handling method is as follows:

    1) If there is an agreement in the contract, it shall be executed according to the agreement;

    2) If there is no agreement, you can negotiate with the landlord to solve the problem of checking out and returning the remaining rent after renting. If both parties reach an agreement, it will be implemented according to the agreement.

    2. 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 580.

    If one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

    1) Legally or factually unable to perform;

    2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive;

    3) The creditor does not request performance within a reasonable period of time.

    Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.

    2. What are the conditions for renting a house and checking out?

    The conditions for renting and moving out are as follows:

    1. If the rent has been paid, but the landlord has been delaying the delivery of the house;

    2. Due to the quality of the house, the normal residential use is seriously affected;

    3. For houses that do not match the description of the rental information, the landlord can also be unconditionally required to move out and return the rental deposit.

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