The question of breach of lease contract is urgent, I hope to find the answer as soon as possible!

As you said, when you are leaving, the landlord tells you that you can go if you find the next home, and now you have found the next home and signed the contract, then if he does this, it is nonsense, unreasonable, you can call 110 to solve it, and you can't say anything about it, where is the loss, right, in fact, you don't need them to sign the contract at all, the three of you together, the landlord, you, and the tenant you are looking for to renew the lease, say okay, sign a sublease agreement, Then the tenant you find can take your contract, when your contract expires, he can sign the contract with the landlord again, you are now in this way, that is, you sign the contract directly with the landlord 1, so the landlord is a scoundrel, I am also a landlord, generally we deal with it like this, you can find a tenant to renew, everyone has no loss, why be so shameless, of course, 7 days of rent can be returned, you live until when, Because you've found your next home

If she breaches the contract, she should return the deposit to you unconditionally, and if she doesn't return it, she won't leave until the deposit is finished!

Then continue to fulfill the contract, rent this house, let him break the contract signed with the other person, and he will return all your deposits in order not to compensate the other party for liquidated damages. Otherwise, he wasted 2,000 yuan in liquidated damages. And when your contract expires, he must also return your deposit free of charge.

You get the idea?

Summary. Article 711 If the lessee fails to use the leased property in accordance with the agreed method or the nature of the leased thing, resulting in losses to the leased thing, the lessor may terminate the contract and claim compensation for the loss.

Article 714 The lessee shall properly keep the leased property, and shall be liable for damages if the leased property is damaged or lost due to improper storage.

Article 715 With the consent of the lessor, the lessee may improve 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 716 The lessee may, with the consent of the lessor, 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. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

Article 721: The lessee shall pay the rent within the agreed time limit. Where there is no agreement on the payment period or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the lease period is less than one year, it shall be paid at the expiration of the lease period; If the lease period is more than one year, it shall be paid at the expiration of each year, and if the remaining period is less than one year, it shall be paid at the expiration of the lease period.

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Hello! Hello, I am the cooperating lawyer of the platform and have received your question. 【】

Hello! Hello, I am the cooperating lawyer of the platform and have received your question. 【】

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But I only got the keys on 9 9 and didn't actually enjoy the benefits of the rent-free period.

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Party B is liable for breach of contract during the rent-free period of the leased house.

9 1 to see the house, pay 1,000 yuan to book a round of respect. Agreement 9 10 Signing of the contract to pay the rent and start the rent. 9 9 Because Party A has something to do the next day, it is proposed to sign the contract in advance and deliver the keys, and the starting date of the contract is still 9 Party B has a gap in funds and informs Party A that Party A cannot rent as agreed.

Is it reasonable for Party A to claim the rent amount for the 10-day rent-free period?

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The lawsuit was dismissed and the plaintiff lost the lawsuit.

Reasons: 1. There is no property right certificate for building a house on collective land, which is a national policy, not the fault of the owner, and Zhang should know this when renting the house.

2. The purpose of Zhang's lease of the house was not reflected in the agreement in the lease contract, and there was no relevant clause in the agreement requiring the owner to provide the property right certificate, and the property right certificate was not a necessary condition in the housing lease contract. Therefore, Zhang's use for some special purposes was his own act and had nothing to do with the defendant, and the defendant had fulfilled his obligations in this lease contract relationship.

You only need to cite the contract law and the general principles of civil law, and the law should protect the real and legal contract.

Judgment in this case:

1. Referring to the interpretation of the Supreme People's Court on the trial of urban housing lease contract disputes, the Housing Lease Contract is invalid;

2. Order Wang to return the housing lease fee of 50,000 yuan; However, Zhang should pay the house use fee according to the actual service life;

3. Regarding the loss of 30,000 yuan of decoration costs, in view of the fault of all parties, all parties should share the losses;

4. All parties shall bear the litigation costs.

If Zhang had obtained a special industry license and operated legally, the defendant's failure to provide the real estate certificate did not cause direct or indirect losses to the plaintiff, and the court would not accept it.

If Zhang is unable to apply for a special industry business license because he cannot provide the real estate certificate to the public security organ, resulting in the plaintiff's inability to operate normally and legally, the situation is more complicated.

I believe that the contract should be valid, and the defendant's lawsuit will not be fully upheld.

The court should have rejected Zhang's claim. Because the rectification of Zhang's hotel by the public security fire department only involved the lack of fire protection appraisal of the house and the failure to apply for a special industry license. It does not involve the ownership and property rights of the house.

The first claim is difficult to realize!

Interview with a lawyer with a lease agreement.

07 Students who should apply the law, who use the answers here will not be given credits.

How do you use it, the teacher doesn't stipulate it, and it depends on who has a bad character.

I'm Teacher Zeng, it's okay! Let's copy it!

1. "If the lessee terminates the contract in advance, I will be compensated 100,000 yuan, but the lessor shall not terminate the contract in advance." ”

If the tenant terminates the contract early and compensates me 100,000 yuan" is beneficial to the lessee, and his liability for breach of contract is stated in the contract, and the latter half of the sentence "but the lessor shall not terminate the contract in advance" is unfavorable to the lessor, and if such a contract is signed, the rental house will be limited to death. That is to say, during the 10-year lease period of the lessor, it will be provided for 10 consecutive years, and no interruption is allowed; Obviously, the tenant's position is not in his favor, but in his favor; Also, the advance in the whole sentence, how long the advance here is, is not clear. Therefore, there are many risks implied by such an agreement;

It is recommended to stipulate such a fair and equitable clause in the contract for reference:

Option 1: During the performance of this contract, if one of the two parties proposes to terminate this contract, one party shall notify the other party one month in advance (or two months, three months, etc., agreed by both parties before signing). non-payment of liquidated damages; Otherwise, one party proposes to terminate this contract and pay the other party 100,000 yuan in liquidated damages;

Option 2: During the performance of this contract, if one of the two parties proposes to terminate this contract, one party shall notify the other party one month in advance (or two months, three months, etc., agreed by both parties before signing). and pay liquidated damages of 100,000 yuan;

The labor contract signed later is that both parties fulfill their respective responsibilities and obligations, and the landlord here should have a distinction, the agreement of the contract is the true meaning of friendly and fair negotiation between the two parties, and once performed, they will have to bear the risk of breach of contract, which is two concepts with the previous advance investment. Landlords should not be confused.

It is unreasonable and unfair for the other party to ask for the addition of this clause, because the addition of this clause means that he can terminate the contract at any time and pay you 100,000 yuan, but you cannot terminate the contract under any circumstances, and once you want to terminate the contract, he can only say how much he will pay.

Therefore, there is "a contract stipulating that if one party terminates the contract in advance, the liquidated damages shall be calculated as 100,000 yuan." This is the binding clause that is fair and just for both parties.

The law does not clearly stipulate the proportion of liquidated damages, which shall be subject to the agreement of the parties, but the agreed proportion of liquidated damages shall not be too high, otherwise the court will adjust it as appropriate; You can sue, and if you can't find anyone, the court will serve the relevant legal documents by way of public notice.

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.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Judicial Interpretation II of the Contract Law.

Article 29: Where a party claims that the agreed liquidated damages are too high and requests an appropriate reduction, the people's court shall, on the basis of the actual losses, take into account comprehensive factors such as the performance of the contract, the degree of fault of the parties, and the expected benefits, and weigh them in accordance with the principles of fairness and good faith, and make a ruling.

Where the liquidated damages agreed upon by the parties exceed 30% of the losses caused, they can generally be found to be "excessively higher than the losses caused" as provided for in paragraph 2 of Article 114 of the Contract Law.

First, the landlord, i.e. your landlord, is not under the statutory right to terminate the contract, and does not have the right to unilaterally terminate the tenancy contract.

Second, the deposit is not the same concept as the deposit, the deposit does not have the nature of liquidated damages, and the rental house should be returned at the time of termination of the contract as long as the tenant does not damage the house and its furniture and other leased items.

Third, if the lessor resolutely fails to perform the contract, you can claim liquidated damages from the lessor, first see whether there is an agreement in the contract, and if there is no agreement, it is in accordance with the law, but the reality is that it is not easy for you to provide evidence, and the litigation is time-consuming and costly, so it is best to negotiate and determine.

In a word, according to the contract, you have the right not to move, and if he insists on you to move, you can ask him to make up the difference in the price of the other rent.

Friend, you are protected under contract law in this case, but can you commit such a long time from the filing of the case to the judgment? The price of the house has risen, and you yourself said that the same condition will cost more than 600, I still suggest that you discuss with the landlord to add some money to him every month. reconciled.

Send you according to the legal proverb "the law does not protect things that are not worth protecting".

It depends on how the lease contract between them is concluded and how the terms are negotiated.

As you mentioned, C is a position obtained from B, and if the parties to the contract are B and C, and A merely signs (or does not sign) the contract as the landlord, as an endorsement of the subletting of B and C's stalls, C has no obligation to Owner A, regardless of whether the rent is paid directly to whom, because C is a lease agreement with B. In other words, C has nothing to do with him except that the house is his, because the house is rented from A to B, and B is released by B to C with A's consent.

At the same time, even if C and A sign a contract directly, three months' notice is not a necessary clause of the contract, and if it is not written in the contract, neither party has the obligation to notify the other party, and at any time before the expiration of the contract, both parties can inform or not inform and not renew the lease.

Therefore, the liquidated damages are not established.

If the contract does not clearly state that if neither party proposes not to continue the lease at the end of the term, it will be deemed that both parties agree to the terms of the renewal of the lease, and the contract will automatically terminate until December 31.

In the current situation, C can pay the rent for three days on 1 3 if he wishes, and C no longer has any obligations to A and B, of course, if there is a provision in the contract, the lessee shall restore the stall to its original and remove the decorations and other clauses when the contract expires, C shall be responsible for restoring and removing it, and if there is no provision for the ceiling and other items C has the right to take it away, it can also be regarded as a waiver.