How to compensate the landlord for breach of contract if the rent is not due?

If the landlord breaches the contract, if the liquidated damages are stipulated in the rental contract, the liquidated damages shall be paid in accordance with the agreement, and if the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them according to 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 two parties do not agree on liquidated damages, they can compensate the tenant according to the actual losses caused by the landlord's breach of contract.

Legal basis] Article 585 of the Civil Code stipulates 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 calculation method 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 are a certain amount of money or property that one party should pay to the other party in the event of a breach of contract. Liability for breach of contract is the abbreviation of civil liability for breach of contract, which refers to the civil liability that should be borne by one of the parties to the contract if it fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the contract.

1. What should I do if the landlord wants to breach the contract before the rental contract expires?

1. After the breach of contract by one party, if the non-breaching party requires the breaching party to bear the liability for breach of contract, if the agreed liquidated damages are "lower" than the actual losses, the non-breaching party may sue the court to request an increase in the liquidated damages; If the agreed liquidated damages are "excessive" higher than the actual losses, the breaching party may sue the court to request a reduction of the liquidated damages. The same goes for liquidated damages for housing leases.

2. The calculation of liquidated damages in the rental contract shall be calculated according to the relevant provisions of the contract, and the deposit, liquidated damages and damages shall not be double-calculated. After the termination of the rental contract, the calculation of various liquidated damages varies depending on the situation.

2. Determination of liquidated damages in the housing lease contract.

1) The liquidated damages shall be determined by the two parties through negotiation, and there is no limit on the amount, which is generally determined according to the size of the losses that may be caused by the breach of contract by both parties.

2) After the occurrence of a breach of contract by one party, if the non-breaching party requires the breaching party to bear the liability for breach of contract, if the agreed liquidated damages are "lower" than the actual losses, the non-breaching party may sue the court to request an increase in the liquidated damages; If the agreed liquidated damages are "excessive" higher than the actual losses, the breaching party may sue the court to request a reduction of the liquidated damages.

3. Liquidated damages.

1. According to different standards, liquidated damages can be divided into: (1) statutory liquidated damages and agreed liquidated damages; (2) Punitive liquidated damages and compensatory (compensatory) liquidated damages. Before the implementation of the Contract Law, China's liquidated damages system was compatible with the above forms, and the Contract Law made new provisions.

2. According to the provisions of the current contract law, liquidated damages have the following legal characteristics: (1) they are agreed in advance in the contract (one of the contract clauses); (2) It is a certain amount of money (fixed damages) paid by one party to the other party in the event of a breach of contract; (3) It is an agreement to bear liability (different from general contractual obligations).

If the rent is not due, the landlord can be required to bear liquidated damages if the landlord defaults.

After the occurrence of a breach of contract by one party, if the non-breaching party requires the breaching party to bear the liability for breach of contract, if the agreed liquidated damages are "lower" than the actual losses, the non-breaching party may sue the court to request an increase in the liquidated damages; If the agreed liquidated damages are "excessive" higher than the actual losses, the breaching party may sue the court to request a reduction of the liquidated damages.

Legal basis:

Article 708 of the Civil Code of the People's Republic of China[Lessor's Obligation to Deliver the Leased Property and Leasable Obligation] The lessor shall deliver the leased property to the lessee in accordance with the agreement, and keep the leased property in accordance with the agreed purpose during the lease term.

Article 728 of the Civil Code of the People's Republic of China[Legal consequences of infringement of the tenant's right of first refusal] If the lessor fails to notify the lessee or there are other circumstances that hinder the lessee's exercise of the right of first refusal, the lessee may request the lessor to bear the liability for compensation. However, the validity of the contract for the sale and purchase of the house concluded between the lessor and a third party shall not be affected.

The compensation for breach of contract by the landlord if the rent is not due is: the landlord shall compensate in accordance with the liability for breach of contract agreed in the contract between the two parties, and if the amount of liquidated damages agreed in the contract is not enough to compensate for the loss, the tenant may request the landlord to continue to compensate according to the actual loss.

Article 584 of the Civil Code of the People's Republic of China: Where 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 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; However, 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. Article 585 of the Civil Code of the People's Republic of China may stipulate 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 people's court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them according to the request of the parties.

Legal analysis: 1. If you rent a house, you must sign a rental contract, but if Yuling has not expired during the rental period, the landlord will breach the contract in advance and claim to repossess the house, which must be the landlord's breach of contract first, and the tenant needs to be compensated.

2. When it comes to liquidated damages, a certain amount of money must be paid to the tenant, and the specific amount to be paid must be agreed according to the rental contract signed by both parties. The deposit paid by the tenant must be refunded, and the rent paid during this period must also be refunded if it is not due. It also involves the loss to the tenant, which can be negotiated by both parties, and there is no limit on the amount, which is mainly determined according to the size of the loss to the tenant.

3. If the landlord is unwilling to compensate and is unwilling to return the rent and deposit, the tenant can ask the landlord to bear the liability for breach of contract, or he can sue the court to increase the liquidated damages.

Legal basis: Civil Code of the People's Republic of China

Article 583: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other damages or bridges after performing its obligations or taking remedial measures, it shall compensate for the losses.

Article 584:Where 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 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; 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.

Legal analysis: If the rental period has not expired and the landlord does not rent in advance, it is a breach of contract, and the landlord should bear the corresponding liability for breach of contract. If the lease contract has not expired, even if the landlord is willing to pay liquidated damages, the tenant can not move out, and the tenant has the right to follow the contract.

If the original landlord of Bihengmo violates the rental contract, in addition to compensating for liquidated damages, he must also compensate for other losses.

Legal basis: Article 577 of the Civil Code of the People's Republic of China stipulates that if a party 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 obstructing compensation for losses.

Summary. Hello <>

Dear, I am honored to be able to give you the answer: How to compensate for the default of the landlord if the rent is not dueAnswer: Hello, after inquiry:

If the rent is not due, the landlord can be required to bear liquidated damages if the landlord defaults. After the occurrence of a breach of contract by one party, if the non-breaching party requires the breaching party to bear the liability for breach of contract, if the agreed liquidated damages are "lower" than the actual losses, the non-breaching party may sue the court to request an increase in the liquidated damages; If the agreed liquidated damages are "excessive" higher than the actual losses, the breaching party may sue the court to request a reduction of the liquidated damages. The same goes for liquidated damages for housing leases.

How to compensate for the default of the landlord if the rent is not due.

Hello <>

Dear, I am honored to be able to answer you: How to compensate for the default of the landlord who has not paid the rent Answer: Hello, after inquiry:

If the rent is not due, the landlord can be required to bear liquidated damages if the landlord defaults. After the occurrence of a breach of contract by one party, if the non-breaching party requires the breaching party to bear the liability for breach of contract, if the agreed liquidated damages are "lower" than the actual losses, the non-breaching party may sue the court to request an increase in the liquidated damages; If the agreed liquidated damages are "excessive" higher than the actual losses, the party suspected of breach of contract may sue the court to request a reduction of the liquidated damages. The same goes for liquidated damages for housing leases.

Legal basis: Article 708 of the Civil Code of the People's Republic of China [Lessor's Obligation to Deliver the Leased Property and Rentable Obligation] The lessor shall deliver the leased property to the lessee in accordance with the agreement, and keep the leased property in accordance with the agreed purpose during the lease term. Article 728 of the Civil Code of the People's Republic of China [Legal Consequences of Infringement of the Right of First Refusal of the Housing Lessee] If the lessor fails to notify the lessee or has other circumstances that hinder the lessee's exercise of the right of first refusal, the lessee may request the lessor to bear the liability for compensation.

However, the validity of the contract for the sale or sale of the house concluded between the lessor and a third party shall not be affected.

Summary. Hello. Legal Analysis:

How to compensate the landlord for breach of contract if the rent is not due: on the one hand, the tenant can require the landlord to continue to perform the contract and bear the liability for breach of contract, or terminate the lease contract to compensate for losses; On the other hand, compensation shall be made according to the liquidated damages in the contract signed by both parties, and the agreed liquidated damages can be changed if they are too high or too low.

Hello. Legal analysis: how to compensate for the default of the landlord if the rent is not paid:

On the one hand, the tenant can require the landlord to continue to perform the contract and assume the liability for breach of contract, or terminate the lease contract to compensate for the loss of clothing; On the other hand, compensation shall be made according to the liquidated damages in the contract signed by both parties, and the agreed liquidated damages can be changed if they are too high or too low.

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 578 of the Civil Code of the People's Republic of China: Where one of the parties expressly states or shows that it does not perform its contractual obligations by its own behavior, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

The compensation for breach of contract by the landlord if the rent is not due is as follows:

1. The tenant may request the landlord to continue to perform the contract and bear the liability for breach of contract, or terminate the lease contract to compensate for losses;

2. Compensation shall be made according to the liquidated damages in the contract signed by both parties, and the agreed liquidated damages can be changed if they are too high or too low.

1. The general procedure for renting a house is as follows:

1. The two parties to the lease negotiate to determine the rent, lease term and other matters;

2. After drawing up the housing lease contract, both parties will sign it;

3. Pay rent and deliver the house according to the contract;

4. The lessor shall bring the housing lease contract and other materials for the housing lease filing.

2. The matters that should be paid attention to in housing leasing are:

1. Pay attention to the date of signing the contract, the time of rent due, the way of paying rent and the date of rent payment;

2. How to compensate the landlord for early termination of the contract;

3. It is necessary to clarify the location, number of rooms, area, quality, lease period, etc. of the leased house.

All in all, if the rent is not due, the landlord can cooperate with the other party to compensate for the relevant losses, or ask the people to mediate, and can also directly sue the court. According to the laws of our country, the people's courts accept civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relations.

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.