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Anonymous users2024-02-121) If there is an agreement on liquidated damages in the lease contract (the amount of liquidated damages for renting a lease is determined by the parties through prior agreement), the liquidated damages shall be paid in accordance with the agreed proportion. If the two parties agree that the liquidated damages in the housing lease contract are one month's rent when signing the contract, then once the contract is breached, the lessor can require the lessee to pay the same amount of liquidated damages as one month's rent as liquidated damages; (2) If the agreed liquidated damages are too high or too low, they may be requested to be changed, and if the agreed liquidated damages exceed 30% of the actual loss, it may be considered that the agreement is too high and may be reduced. If the monthly rental fee is only 1,000 yuan, and the agreed amount of liquidated damages reaches 10,000 yuan, then the defaulting party can request a reduction.
3) 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. (4) The payment of liquidated damages for renting a house is independent of the payment of rent, that is, the payment of rent, that is, if the tenant still owes the lessor 1,500 yuan in rent, then the liquidated damages in the housing lease contract are not included in the 1,500 yuan. (5) 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. However, it should be noted that, according to the rule of "offsetting profits and losses", even if one party's conduct is found to be in breach of contract, the other party should only choose one of the deposits, liquidated damages and damages as the way to pursue the liability for breach of contract, and when the liquidated damages or the "income" of the deposit are insufficient to cover the actual losses, the breaching party has the obligation to make up the difference.
Legal basisArticle 93 of the Contract Law stipulates that the parties may terminate the contract if they reach a consensus through consultation. Article 108: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 demand that it bear liability for breach of contract before the expiration of the performance period.
Article 114: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 parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them. Article 128: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 arbitration agreement.
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Anonymous users2024-02-11If you don't rent a house in the middle of the rent, the liquidated damages are generally calculated according to the provisions of the contract, and the contract you signed when renting the house should be written on it. If you have a good relationship with the landlord and you have a special situation, the two of you can discuss it again.
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Anonymous users2024-02-10How to write a contract according to the contract, it is best to do it!
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Anonymous users2024-02-09Legal analysis: Generally, the liquidated damages of the rental contract shall be calculated in accordance with the provisions of the contract, but according to the contract law, the liquidated damages shall not exceed 30% of the loss. If the lessee terminates the contract and quits the lease without the time limit specified in the contract, it is considered a breach of contract.
Whether the deposit can be returned depends on the provisions in the contract, if it is stipulated that the breach of contract will not be returned, the deposit cannot be recovered, if there is no provision, it will be implemented in accordance with the general principle of liquidated damages liability.
Legal basis: Article 585 of the Civil Code of the People's Republic of China.
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 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.
Liquidated damages: According to Article 34 of the Telecommunications Regulations of the People's Republic of China, telecommunications operators may suspend the provision of telecommunications services to telecommunications users who fail to pay telecommunications fees within 30 days beyond the agreed time limit for charging. Where telecommunications users fail to pay telecommunications fees and liquidated damages within 60 days of the telecommunications operator's suspension of services, the telecommunications operator may terminate the provision of services and may recover the arrears and liquidated damages in accordance with law. >>>More
There are specific provisions on compensation for losses in the Contract Law, that is, 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, but 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. Party B's failure to repay the arrears is sufficient to determine the actual loss incurred by Party A.
First of all, the default is certain. Now it is a matter of how much actual loss this breach has caused to the other party. Paragraph 2 of Article 114 of the Contract Law provides: >>>More
Although the relationship between husband and wife is different from the civil legal relationship regulated by the Contract Law, the nature of the divorce agreement should be legally recognized as a type of contract, which is produced by the agreement of the parties and should be regulated by the Contract Law. The Interpretation II of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China can also be seen in the principles and methods of handling disputes in divorce by mutual agreement, as well as the determination of the nature of the divorce agreement. Therefore, if the parties to a divorce agreement regulated by the Contract Law fail to perform their obligations under the agreement or the performance of their obligations does not conform to the agreement, they should bear the liability for breach of contract as stipulated in the Contract Law, and the natural liquidated damages clause also applies to the divorce agreement and is legally binding on both parties. >>>More
Let's throw bricks and lead the way.
Contract: 1 year of training abroad, 15 years of work for the company. >>>More