How to calculate the expiration of the lease for the renovation of the lease

First of all, look at the contract, if there is no agreement, it can be resolved through negotiation.

Negotiate a settlement. See if there is an agreement in the original contract, and negotiate and settle it according to the agreement.

Attached: Contract Law of the People's Republic of China.

Article 223 With the consent of the lessor, the lessee may make improvements or add other things to the leased property.

If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may require the lessee to restore the original state or compensate for losses.

Article 235 At the expiration of the lease period, the lessee shall return the leased property. The returned leased property shall conform to the state after use in accordance with the agreement or the nature of the leased item.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over Urban Housing Lease Contracts.

Article 9 The lessee has the consent of the lessor to decorate and decorate, and when the lease contract is invalid, the decoration and decoration that has not formed an attachment and the lessor agrees to use it can be owned by the lessor at a discounted price; If you do not agree to use it, you can dismantle it by the lessee. If the house is damaged due to demolition, the tenant shall restore the original state.

If the lessor agrees to use the attached decorations, they may be owned by the lessor at a discounted price; If they do not agree to use it, both parties shall share the loss of present value according to the fault that caused the contract to be invalid.

Article 10 The lessee with the consent of the lessor to decorate, the lease period expires or the contract is terminated, unless otherwise agreed by the parties, the decoration and decoration that has not formed an attachment can be dismantled by the lessee. If the house is damaged due to demolition, the tenant shall restore the original state.

Article 11 If the lessee has agreed to the decoration and decoration with the consent of the lessor, and the contract is terminated, if the two parties have not agreed on the disposal of the decoration and decoration that has been attached, the people's court shall deal with it in accordance with the following circumstances:

1) If the contract is terminated due to the lessor's breach of contract, and the lessee requests the lessor to compensate for the loss of the residual value of the decoration and decoration during the remaining lease period, it shall be supported;

2) If the contract is terminated due to the lessee's breach of contract, and the lessee requests the lessor to compensate for the loss of the residual value of the decoration during the remaining lease period, it shall not be supported. However, if the lessor agrees to use, it shall be appropriately compensated within the scope of the utilization value;

3) If the contract is terminated due to the breach of contract by both parties, the residual value loss of decoration and decoration during the remaining lease period shall be borne by both parties according to their respective faults;

4) If the contract is terminated due to reasons not attributable to both parties, the residual value loss of decoration and decoration during the remaining lease period shall be shared by both parties in accordance with the principle of fairness. Where the law provides otherwise, apply those provisions.

Article 12 The lessee has the consent of the lessor to decorate and decorate, and when the lease period expires, the lessee requests the lessor to compensate for the cost of decoration and decoration, it shall not be supported. Unless otherwise agreed by the parties.

Article 13 The lessee shall bear the expenses incurred in decoration or expansion without the consent of the lessor. Where the lessor requests the lessee to restore the original state or compensate for losses, the people's court shall support it.

When the lease contract expires, the two parties often have disputes over the handling of renovation inputs. Courts generally deal with such disputes on the basis of the following principles:

The principle of party autonomy, that is, if the parties have an agreement on the treatment of decoration investment, it shall be handled according to the agreement. Article 86 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation) stipulates that if a non-property owner adds an appurtenance to the use of another person's property, and the property owner agrees to the addition, and there is an agreement on how to deal with the appurtenance when the property is returned, it shall be handled in accordance with the agreement. This is an embodiment of the principle of party autonomy.

According to the Regulations of Shanghai Municipality on Housing Lease, if the tenant renovates the house or adds ancillary facilities, it shall obtain the consent of the lessor in writing. The additional ancillary facilities shall be determined by the leasing parties through negotiation and maintenance responsibility, which shall be subject to the approval of the relevant departments in accordance with the law, shall be submitted to the relevant departments for approval by the lessor or the lessor entrusted to the lessee. If the lessee fails to obtain the consent of the lessor or exceeds the scope of the lessor's consent and requires the renovation of the house or the addition of ancillary facilities, the lessor may require the lessee to restore the house to its original state or compensate for losses.

As a tort, this is mainly against the tenant's act of renovating the house without the consent of the owner. This situation is generally dealt with as follows: if the decoration can be dismantled, it can be ordered to be demolished; If it cannot be demolished, the owner will not compensate for it, and if the house is damaged in order to demolish the decoration, the lessee shall bear the liability for compensation.

It shall be handled in accordance with the principle of fairness of civil law. If the lessee has obtained the consent of the lessor, but the two parties have not agreed on the treatment of the decoration investment, it can be handled in accordance with the company's principles. The details are as follows:

The renovation carried out by the lessee shall be demolished by the lessee if it can be dismantled; If it cannot be demolished, it can be discounted to the owner of the house.

The Supreme People's Court has clear provisions on the termination of the lease contract and the handling of decoration and decoration items: (1) If the non-property owner adds an appurtenance to the use of another person's property, and the property owner agrees to add the appurtenance, and there is an agreement on how to dispose of the appurtenance when the property is returned, it shall be handled in accordance with the agreement; (2) Where there is no agreement and negotiation fails, and it can be dismantled, it may be ordered to be demolished, and if it cannot be demolished, it may also be returned to the property owner at a discount, and where the property owner suffers losses, he shall be liable for compensation; (3) When the decoration constitutes an attachment, its ownership shall be resolved by the attachment system. For the normal termination of the lease contract, appropriate compensation shall be given according to the existing value of the house decoration; If the lessor's breach of contract results in the termination of the contract, the lessor shall, in accordance with the principle of liability for breach of contract, compensate the lessor in full according to the existing price of the decoration; The tenant's breach of contract leads to the termination of the contract, and the inability to enjoy the renovation benefits is caused by the tenant's own breach of contract, and such losses shall be borne by the lessee himself.

Article 10 of the Interpretation of the Supreme People's Court on Several Questions Concerning the Specific Application of Law in the Trial of Cases of Disputes over Urban Housing Lease Contracts Article 10 When the lessee decorates and decorates with the consent of the lessor, and the lease period expires or the contract is terminated, unless otherwise agreed by the parties, the decoration and decoration that has not formed an attachment may be dismantled by the lessee. If the house is damaged due to demolition, the tenant shall restore the original state.

The decoration treatment at the expiration of the lease is as follows: with the consent of the lessor, the lessee can decorate and improve the leased house; Without the consent of the lessor, the lessor has the right to demand restitution or compensation for damages. If the lessor agrees to the decoration but there is no special agreement, the decoration fee of the leased house shall be borne by the lessee; If the main structure and ancillary facilities of the leased house are renovated, the decoration fee of the leased house shall be borne by the lessor.

Article 715 of the Civil Code.

With the consent of the lessor, the lessee may make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for the loss.

Article 770.

A contract is a contract in which the contractor completes the work and delivers the work results according to the requirements of the contractor, and the contractor pays remuneration. The contract includes processing, customization, repair, copying, testing, inspection and other work.

The Civil Code stipulates that after signing a house decoration contract, if one party breaches the contract, if there is an agreement in the contract, it shall bear the liability for breach of contract according to the contract. If there is no agreement, compensation shall be made according to the actual losses caused.

Civil Code of the People's Republic of China

Article 577:[Liability for Breach of Contract]Where 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 liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:[Liability for Expected Breach of Contract]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 request that it bear liability for breach of contract before the expiration of the performance period.

Article 584.

Scope of damages] If one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with 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.

1. How to claim for quality problems found during the decoration of a new house.

First of all, if it is found that there is a quality problem in the house when the new house is renovated, it is recommended to collect evidence in time to avoid being suspected of being a quality problem in the decoration when dealing with the developer in the future, so there may be more disputes.

Secondly, when the new house is decorated, the quality problems can be dealt with as follows: poor traces.

1. If there is an agreement in the purchase contract, claim according to the agreement.

2. If there is no agreement in the contract or the agreement is unclear, the two parties can negotiate and deal with it.

3. If the two parties fail to reach an agreement, they can collect evidence and sue the developer in court. And, when suing, the parties can claim to warranty the house, compensate for damages, or even move out.

However, if you want to check out due to quality problems, you need to meet certain conditions. Specifically, if there is a quality problem in the house, and the quality problem cannot be repaired and the safety of the person and property of the buyer and the normal residential use of the house cannot be guaranteed, the buyer can only request to move out.

In addition, if you really need to check out due to quality problems, you should also mention the professional test report of the authoritative housing quality inspection agency to make the evaluation standard.

2. What is the rent-free decoration period?

The rent-free renovation period is not a concept explicitly stipulated by law, so its content should be agreed upon through a contract. The rent-free decoration period is more likely to occur in the leasing of office buildings and shops, mainly because the lessee needs to decorate the house after handing over the house, and can not actually work or operate, in this case, the lessor agrees not to charge the rent of the lessee during the renovation period.

However, according to the usual practice, the water bills, electricity charges, ** fees, property management fees, etc. incurred due to the use still need to be paid. Therefore, the length of the rent-free decoration period and the bearing of various expenses must be clearly stipulated in the contract, and cannot be taken for granted.

At the expiration of the lease contract, if the lessee renovates without the consent of the lessor, the renovation costs shall be borne by the lessee. If the lessee renovates with the consent of the lessor, the decoration cost shall be shared by both parties in accordance with the principle of fairness. If the lessee makes improvements to the leased property without the consent of the lessor, the lessor may require the lessee to restore the original state or compensate for losses after the expiration of the lease contract.

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.

Article 715.

With the consent of the lessor, the lessee may make improvements or add other things to the leased property. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

Legal analysis: The renovation costs at the expiration of the lease contract shall be borne by the lessee.

The basis of the legal judgment on the law of selling tours: "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over Contracts Involving Urban Housing Leases" Article 12 If the lessee decorates and decorates with the consent of the lessor, and the lease period expires, the lessee's request to the lessor to compensate for the cost of decoration shall not be supported. Unless otherwise agreed by the parties.

If the lease contract expires without the consent of the lessor, the decoration cost shall be borne by the lessor. If the decoration is agreed by the lessor, the decoration cost shall be shared by both parties in accordance with the principle of fairness. If the lessee makes improvements to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for the loss.

What happens if the lease contract is not renewed after it expires.

Handling of non-renewal after the expiration of the lease contract:

1. If the lessor does not raise an objection, the original lease contract is valid, and both parties can continue to perform the provisions of the original contract, but the lease term of the original contract is changed to indefinite;

2. If the parties to the lease contract are unwilling to change the lease contract to an indefinite lease contract, both parties shall lease the bridge before the expiration of the lease contract.