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1. If there is a clear provision in the contract for checking out halfway after renting a house. The contract clearly stipulates that during the lease period, if Party B needs to quit the lease in advance, it shall notify the other party one month in advance and pay liquidated damages at 200% of the monthly rent.
The corresponding rent should also be repaid. shall be executed in accordance with the provisions of the contract; 2. If there is no provision in the contract, you can negotiate with the landlord to solve the problem of checking out and returning the remaining rent after renting. If the two parties reach an agreement, it will be implemented according to the agreement; 3. If the landlord does not insist on not returning the remaining rent, you can tell the landlord about some of your own situation, so that the landlord can understand the reason for your early departure, and maybe you will refund a little.
Legal basis: Civil Code of the People's Republic of China.
Article 577:Where one of the parties fails to perform its contractual obligations or its performance 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 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with the agreement, causing losses to the other party, the amount of compensation for the 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 the contract that the party in breach of the contract foresaw or should have foreseen at the time of entering into the contract.
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It can only be handled in coordination, and no one cares about this kind of thing in China, and the lawsuit is in vain... Legally, you can claim compensation for the termination of the contract, but it will expire in less than a month, how much loss can you have? If the contract does not stipulate liquidated damages, you can only claim compensation for losses, and the loss must be less than one month's rent. . .
The deposit is not a liquidated damages, a deposit is a deposit, not to guarantee the performance of the contract, but to guarantee the loss of the house and its accessories.
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It is recommended that you follow the contract! In this way, we are also justified and have a clear conscience! Tenants don't have anything to worry about! Save yourself the hassle of post-processing and get your house out as soon as possible! Find new tenants!
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Affected by the epidemic, many returnees are still stranded in their hometowns and have not returned to the cities where they work. In the blink of an eye, it has been almost two months since I went home during the Spring Festival, and some people have gone home early, or even stayed at home for more than two months. So due to the impact of the epidemic, the house has not been lived in for two months, should I pay the rent?
Paying rent or not, everyone has different opinions. But in the end, you have to negotiate with the landlord, if the landlord is willing, you will be exempted from rent for two months, which is not a big deal. If the landlord doesn't agree, then the rent is a lot of money, and you can't do anything about it.
Those who say that landlords should be rent-free probably believe that renters are a vulnerable group compared to landlords. In the process of renting out the house, every landlord has made a lot of money from renters, and some landlords even require tenants to pay two or three times the water and electricity bills of the market. In the face of the epidemic, it is an irresistible thing, and landlords naturally want to waive part of the rent for renters.
But many people who have a house to rent out don't agree with the rent-free thing. Their reasoning is also very reasonable, that is, I can give you rent free, so will the bank give me the mortgage free? One sentence will probably choke the renter to death. Of course, the mortgage will not be forgiven, and the bank will not be so kind.
But in recent months, mortgage payments in most cities have been deferred, so it seems that landlords can get renters to pay rent a few months later, which is not easy for anyone. You tell me?
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Didn't you sign a contract for renting a house? Isn't there a limit to the number of people rented?
Now if you don't come back this month, count him as defaulting, eat all the deposits, let him take all the things within three days, and exit the house, not more than a day, otherwise you will change the locks and find new tenants.
Don't waste any more time on him, if you don't agree, you will go, especially this kind of person who has no credit, it is even more terrible to cooperate.
Don't be soft-hearted, count him as a breach of contract immediately, take back the house, be careful of the financial security inside, and then change the locks and re-rent.
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You can quit the lease early, during the contract period, but you need to find the next tenant together before you can quit the lease, or according to the contract, deduct one month's rent as a deposit, and the rest of the rent should be refunded.
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This thing also depends on the person, if the tenant is really in trouble, and the person is good, and the house is clean, then give her a refund! If the business is not successful, benevolence and righteousness are still there! If it's nothing, just do it according to the contract
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Maybe you didn't explain when you signed the contract, how to deal with early quitting, you should pay a year's rent and deposit at the beginning, and you should not return the rent when you check out, etc., and this situation will not occur.
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Then return it to the tenant!
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Is there a contract? There is a contract to claim compensation.
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Legal analysis: If the tenant quits the lease early, the landlord has no reason to deduct the deposit. However, reasonable compensation shall be made in accordance with the corresponding clause of the lease contract.
The tenant who quits the lease early is a breach of contract, and shall bear the liability for breach of contract and pay liquidated damages in accordance with the agreement of the rental contract signed by the lessor and the lessee, and if the two parties do not agree on the amount of liquidated damages, it shall be determined according to the loss of the lessor.
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.
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Legal analysis: If the tenant terminates the lease in advance, it may be required to bear the liability for breach of contract in accordance with the contract if it constitutes a 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.
Legal basis: Civil Code of the People's Republic of China.
Article 577: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: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.
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In the case of early withdrawal of the lease by the tenant, the lessee shall not be liable due to the responsibility of the lessor, and the contract shall be legally terminated. If the tenant moves out for reasons, the contract can be terminated through negotiation, or the contract can be terminated after assuming the liability for breach of contract.
1. Can the deposit of the unexpired rent contract be returned?
In the housing lease contract, if the contract is terminated, whether the deposit will be refunded or not needs to be analyzed according to the following circumstances:
First, the lessee and the lessor negotiate to terminate the lease contract, and the refund of the deposit shall be subject to the agreement between the two parties;
Second, if the lessor breaches the contract, the lessee requests to terminate the contract, the deposit needs to be returned, and the lessor bears the liability for breach of contract;
Third, if the lessee breaches the contract, causing the lessor to request to terminate the contract, the lessee bears the liability for breach of contract and the deposit needs to be returned.
2. Can the seller apply for a lease return in the event of an epidemic?
1. If the lease term is specified in the contract, and there is no special provision on the issue of early surrender, the tenant will be in breach of contract and need to bear the liability for breach of contract.
2. If the lessee violates the contract and quits the lease in advance, the lessor has the right to withhold part or all of the security deposit as agreed, but the lessor has no right to withhold the rent paid in advance by the lessee.
3. If the lessee quits the lease in advance, he shall first reach an agreement with the lessor to terminate the lease contract, and then make an appointment with the lessor to inspect the rental house. If the tenant damages the premises, he shall compensate for it.
4. If the lessee requests to terminate the contract, the other party shall be notified. The rental contract shall be terminated from the time of the arrival of the notice.
3. What should I do if it is the responsibility of the kitchen to leak from the kitchen of the rented house?
If it is caused by a problem with the quality of the house and not the tenant, it is the responsibility of the lessor of Songye Ridge, and the lessor will carry out the repairs, and the tenant will not be held responsible. If there is an agreement in the lease contract, the tenant shall bear the corresponding liability according to the agreement, and if the damage to the rental house is caused by the tenant's own reasons, the lessee shall bear the corresponding responsibility and perform the corresponding liability for compensation to the lessor.
Article 562 of the Civil Code of the People's Republic of China.
The parties may terminate the contract by consensus.
The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.
Article 566.
After the contract is terminated, if it 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 otherwise agreed by the parties.
After the termination of the main contract, the guarantor shall still bear the guarantee liability for the civil liability to the debtor, unless otherwise agreed in the guarantee contract.
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Legal analysis: If the tenant leaves the lease early due to the responsibility of the lessor, the lessee is not liable, and if the tenant moves out due to the reasons of the tenant, the contract can be terminated through negotiation, or the contract can be terminated after assuming the liability for breach of contract.
Legal basis: Article 562 of the Civil Code of the People's Republic of China The parties may terminate the contract if they reach a consensus through consultation. The parties may negotiate the conclusion of the contract or terminate the contract through negotiation.
Termination through negotiation means that the parties reach an agreement to terminate the original contract according to the circumstances that have occurred, and the termination through negotiation is the existing contractual relationship, and a consensus is reached on the allocation of responsibilities and losses after the termination of the contract, and the rights and obligations of the parties are rearranged, adjusted and distributed.
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Hello, dear, I am asking the legal advice teacher, I am happy to answer for you! Early surrender can be divided into two categories: one is voluntary early surrender, that is, the tenant is in good financial condition but requests to surrender the lease early due to business reasons.
The other type is passive early surrender, that is, the tenant's financial situation deteriorates and he has to surrender the lease early. First of all, the lessor should communicate with the lessee to find out the real reason for the early surrender, whether it is active or passive early surrender. If Tong quietly takes the initiative to quit the lease in advance, it proves that the lessee has financial security, and the handling of such surrender can not be too urgent, but require another termination agreement with the other party, stipulate a time for quitting, and require the lessee to pay reasonable compensation.
If the surrendering party passively surrenders the lease early, this proves that the lessee is financially aware of the crisis, and the lessor should seize the time to deal with this situation. Because there are all kinds of indications that if the situation is not dealt with in a timely manner, the lessor's losses will widen, and there will be legal action. The lessor shall go through the surrender procedures with the lessor in a timely manner in accordance with the terms of the original contract on early surrender.
The sooner this kind of early surrender is processed, the safer it will be for the lessor, I hope mine will be helpful to you, and I wish you a happy life!
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What to do if you let the tenant quit the lease early.
If you want to get your tenant to quit early, here are a few ways to make fun of it:1Negotiate with the tenant to find a mutually satisfactory solution, such as reducing the rent or giving discounts.
2.Consider whether you can find a new tenant, and if so, negotiate with the tenant to let him leave early, and negotiate to get a penalty or return a part of the deposit. 3.
If you really need the tenant to leave early, you can resolve the issue through legal means, such as suing the tenant in court for default or having them move out immediately. It is important to note that you should carefully review your rental contract and ensure that you are fully aware of your rights and obligations before taking any action.
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The tenant should first negotiate before surrendering the lease, and if the negotiation fails, he can apply for mediation, and if the mediation fails, he will sue the court. The liability for breach of contract for early surrender is that the lessee has caused certain damage to the rights and interests of the lessor in violation of the contract, and needs to be compensated. The lessee and the lessor have a clear agreement on the matters to be leased when signing the lease agreement, and both parties have a trust interest in its contents, and one party shall be liable for breach of contract and infringement of the rights and interests of the other party.
Article 186 of the Civil Code.
Where the personal rights and interests or property rights and interests of the other party are harmed due to the breach of contract by one of the parties, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.
1. Do you rent a house and leave the rent early?
If the party rents a house and asks to leave early, it generally does not return the rent, but Xiangshan is a lessee who, with the consent of the lessor, can sublease the leased property to a third party. 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.
According to Article 717 of the Civil Code of the People's Republic of China, if the lessee subleases the leased property to a third party with the consent of the lessor, and the sublease term exceeds the remaining lease term of the lessee, the agreement on the excess part shall not be legally binding on the lessor, unless otherwise agreed between the lessor and the lessee.
2. Does the renter need to pay liquidated damages when moving out?
Whether the renter needs to pay liquidated damages when moving out needs to be analyzed on a case-by-case basis. If the tenant leaves the property early before the lease period expires, it is necessary to determine whether the tenant is required to pay a penalty according to the agreement in the rental contract.
In real life, there is generally a standard clause of "two mortgages and one rent" in the rental contract we sign, that is, after signing the contract, the tenant needs to pay two months' rental deposit and one month's rent. The two-month deposit is a security deposit to ensure that the lessee performs the contract properly. Therefore, if the tenant quits the lease early before the lease period expires, it will be deemed that the performance of the contractual obligations is not in accordance with the agreement, and the lessor will confiscate the deposit paid by the tenant as liquidated damages.
However, if the lessor breaches the contract and the lessee terminates the contract, the lessee does not need to pay liquidated damages.
In the event of a breach of contract such as rent arrears by the tenant, the landlord may require the tenant to pay the rent and bear the liability for breach of contract in accordance with the agreement between the two parties in the lease contract. In specific operations, the landlord can first negotiate with the tenant to strive to properly resolve the dispute and avoid conflicts; If the two parties fail to reach an agreement, the landlord can also file a lawsuit with the court in accordance with the law, requiring the tenant to pay the rent and bear the liability for breach of contract. The Contract Law provides: >>>More
Consult the policy and review it in advance.
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