Whether the head of the household can cancel the lease of the house and what kind of compensation li

Updated on society 2024-07-24
17 answers
  1. Anonymous users2024-02-13

    For example, if you overpay for a temporary accommodation, your new accommodation will overpay for the rent you pay for the duration of your current contract.

    Personally, I still have some opinions on this. First of all, if the landlord wants to break the contract, it is a breach of the civil contract, and the corresponding civil liability arising from the breach of the contract will be borne. So let's take a look at [the way to bear civil liability for breach of contract]:

    Generally, there are four kinds of 1Continue to perform the contract 2Take remedial action 3

    Pay liquidated damages 4Compensation for damages.

    Well, in view of the actual situation of the landlord, it is unlikely to continue to perform the contract, and there is no liquidated damages for Party A in the contract, so the landlord does not need to bear the liquidated damages, and there is a limit on damages in terms of compensation for losses, that is, 1Rule of foreseeability of damages 2Mitigating rules for damages.

    The requirements mentioned on the first floor [such as the overpayment of the rent for your new accommodation during the current contract period because you are temporarily looking for accommodation] are unforeseeable results of the landlord, so the landlord should not bear the rent of the tenant's rented house, (assuming that the tenant goes to live in a five-star hotel, then the landlord must not go bankrupt!). )。

    In my opinion, it should be based on the principle of "saying the truth", and the landlord may wish to redraw the rental agreement with the tenant and understand it (you see). This original house price is really low It's not easy to come out and mix with me The surrounding houses are so expensive Why don't you add some rent every month), move it (boy! You have to know that our contract didn't give me liquidated damages, hey, if I breach, I will breach the contract, what?!

    It is estimated that the tenant is also going to work in other places, and your contract will expire in March next year, and the landlord may wish to raise his hand and negotiate with the other party a relatively low rent around the city, and also save the pain of the marton of the car.

  2. Anonymous users2024-02-12

    The landlord can take back the property early and terminate the lease contract, but he will be liable for breach of contract. Refund your deposit, overcharged rent, and compensate you for any damages you cause, such as the overpayment you paid for your temporary accommodation, and the overpayment of rent for your new accommodation during the current contract period.

  3. Anonymous users2024-02-11

    According to the Contract Law, the parties to the contract have been changed, and the contract is invalid!

    It is completely possible to terminate the lease contract, and if you want to continue to fulfill the contract, you will need to sign a new contract with the new owner!

    According to what you added to the question, it should belong to the lineage!

    I don't know if you want to terminate this lease contract based on this?

    In my own experience, it turned out that it was the husband and wife who signed the contract with you, and now the common property has become the personal property of the landlady due to the divorce court judgment, and the basic landlord has not changed, if you really want to terminate the contract, it may not be tenable, or specifically communicate with the landlady, first talk about the divorce, and the sign is not the one I talk about to see, if the landlady does not understand very well, it may be able to be terminated and not considered a breach of contract!

  4. Anonymous users2024-02-10

    Yes, if you continue to lease, you can draw up a separate contract with the new owner. They're divorced, and of course the contract is invalid, and if you still need to rent that house, you're going to have to negotiate with the current landlord to redraft the contract.

  5. Anonymous users2024-02-09

    Yes, because there is a change in the subject of the lease, you will have to sign a new contract even if you do not cancel it. Of course, the initiative in this matter is yours, not the head of the household.

  6. Anonymous users2024-02-08

    Article 28: In the case of renting a residential house, if the tenant dies during the lease term and his family members who have lived together for more than two years are willing to continue to perform the original contract, they may go through the procedures for changing their names.

  7. Anonymous users2024-02-07

    To apply for a change to a public housing tenant, the following basic conditions must be met:

    1. The death or relocation of the original tenant;

    2. Have the same household registration as the original tenant and be a family member of the original tenant;

    3. Living with the original tenant for more than one year; have no other housing and are at least 18 years of age;

    4. Other family members agree to the change.

    In addition, the party who meets the conditions shall write a written application, and only after obtaining the consent of the lessor and going through the change registration can he become a legal public housing tenant.

    For more information, please contact some local law firms.

  8. Anonymous users2024-02-06

    Your house is rented anyway. Even if it is demolished in the future, it will not be possible to compensate you. So it doesn't matter.

    If it's your house, don't move it away, and it is said that the compensation for demolition is based on the household registration. If there are several people in the hukou, a few people will be added. Some by area, some by population.

  9. Anonymous users2024-02-05

    The head of the household should be determined by the co-tenants and changed to the housing authority.

  10. Anonymous users2024-02-04

    It is best for you to go to a law firm and get a notarized will before you die, which is the best way. None of the others, all of them may cause family disputes, justice is only known to you and a lawyer.

  11. Anonymous users2024-02-03

    Public rental housing cannot be inherited, which means that basically none of you will be the head of the household. Unless you buy this house.

    Hope it helps.

  12. Anonymous users2024-02-02

    1. Both your mother and your uncle have the right to become heirs.

    2. It depends on who has lived for a long time.

    3. But this is generally not possible to litigate.

  13. Anonymous users2024-02-01

    Your question is more complicated because there are 5 names on it. However, it doesn't matter, let me give you an analysis slowly.

    1.The house is shared by the 5 of you. In other words, each of the five of you gets one-fifth of the room.

    After your death, your children, spouse, and parents can inherit your share of the house, which is one-fifth of the house. Of course, this is in the absence of a will. The other four-fifths go to your four grandchildren and are not part of your inheritance.

    2.Don't want to make a will. Then you can only go to the housing management office to change the registration and change the name on it to your grandson's alone. Of course, I'm talking about the title deed.

    I am studying law, and the above are all answered with reference to China's inheritance law and property law and other related laws, I hope it can help you!

  14. Anonymous users2024-01-31

    According to Article 41 of the Regulations of Shanghai Municipality on Housing Leasing (adopted at the 15th meeting of the Standing Committee of the 11th Shanghai Municipal People's Congress on December 27, 1999), "if the party to the lease dies or is changed or terminated according to law during the lease period, the lease relationship shall be handled in accordance with the following provisions: ......2) In the event of the death of the tenant of the residential house, the co-occupant may continue to perform the lease contract. In the event of the death of the tenant of a public residential house, if his co-occupant has a permanent residence in the city at the place where the tenant is located, he may continue to perform the lease contract; If the co-occupant did not have a permanent residence in the rented house or did not have a co-resident during his lifetime, his spouse and immediate family members who had a permanent residence in the city before his death may continue to perform the lease contract.

    If there are more than one person who can continue to perform the lease contract in the provisions of item (2) of the preceding paragraph, the lessee shall be determined through negotiation. If the agreement is reached, the lessor shall change the lessee; If the negotiation is inconsistent, the lessor shall determine the lessee among those who can continue to perform the lease contract. After the lease relationship is changed, the former co-occupants of the original tenant still enjoy the right of residence. ”

  15. Anonymous users2024-01-30

    If I were you, I would sell the house, no one would share some money, who was better than and who was not, family harmony is the best, just one room, you partially share it with 4 grandchildren, then he can only get a house but may lose three brothers, or just hold a family meeting, explain your thoughts, I hope they can understand you.

  16. Anonymous users2024-01-29

    The head of the house is good, the child will cry, and you can consider it.

  17. Anonymous users2024-01-28

    Signing a lease contract is sufficient.

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