Question about the breach of the rental contract urgent .

1.Because you have not actually paid the deposit, you don't have to pay the 2,000 yuan, and if you only agree on the deposit and have not actually paid it according to the law, it will be regarded as a change to the deposit.

2.The law stipulates that the renter has the right to terminate at will, and you can do so at any time.

3.As for the loss, you can discuss it with the landlord. The law does not specify what should be compensated.

I signed a rental contract with someone yesterday, and agreed to give a deposit of 2000 tomorrow, but I have found a better one now, and I don't want to rent him, if I breach the contract now, how much loss will I compensate him?

In principle, when the contract takes effect depends on the contract, if the contract takes effect, it will be executed according to the contract, if it does not take effect, the contract can be terminated.

If the contract is in force, the amount of the agreement is subject to the agreement between the parties. If there is no agreement, liquidated damages are generally not paid, and if the other party claims losses, relevant evidence must be provided.

Is there anything I can do to terminate my contract?

Depending on the content of the contract, if the contract is in force, it can be litigated or negotiated.

1. Look at the relevant provisions in the contract between the two parties.

2. Is there any effective time? What is the start date of the lease period?

3. If it has taken effect and the other party sues you, you should pay a deposit.

4. In this case, generally the other party will not bother to go to court to sue, it is best to negotiate with the other party, say more good words, and there should be no problem.

You can not give it, it is not a big problem.

Legal analysis: If the liquidated damages agreed by the parties exceed 30% of the losses caused, it can generally be determined that they are "excessively higher than the losses caused". Therefore, it is not possible to determine a definite amount of liquidated damages, and the specific amount of liquidated damages can only be determined in individual cases according to the size of the other party's losses and other factors stipulated by law.

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 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.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

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.

The two parties to the breach of the lease contract can first negotiate and settle the settlement; If the negotiation fails, you can complain to the Housing and Urban-Rural Development Commission or the local people's real estate management department; or file a civil lawsuit or apply for arbitration settlement in accordance with the housing lease contract; Once the judgment has taken effect, the parties may not file a lawsuit with the people's court for the same dispute.

Article 2 of the Arbitration Law.

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 122 of the Civil Procedure Law.

Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.

Article 584 of the Civil Code.

If one of the parties fails to perform its contractual obligations or fails to perform its contractual obligations in accordance 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, and the cracks include 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.

The breach of the lease contract can be resolved through negotiation first; If the negotiation fails, you can complain to the Housing and Urban-Rural Development Commission or the local people's real estate management department; or file a civil lawsuit or apply for arbitration settlement in accordance with the housing lease contract; Once the judgment has taken effect, the parties may not file a lawsuit with the people's court for the same dispute.

If the two parties agree that the liquidated damages in the housing lease contract are one month's rent, then once Liang is in breach of contract, the lessor can require the lessee to pay the same amount of one month's rent as liquidated damages;

To put it simply: first of all, there is a breach of contract, 1. The landlord's agency fee has nothing to do with you. 2. The deposit will not be returned, and you must pay the liquidated damages.

3. You have rented the house, and it has nothing to do with the landlord or intermediary, and there is no liquidated damages. 4. You have to go and terminate the contract. Recommendations:

Go to the intermediary, pay the liquidated damages, sign them, collect the receipts and leave, and the deposit will not be returned to you. If you are charged again, you are deceived (unless the contract states that the items to be charged will be charged). Now there are a lot of bullies that you don't understand, and you don't have to pay a lot of money, so you pay it in order to calm things down, and if you pay it, you will be fooled.

Is there definitely no deposit? The intermediary fee depends on the specific situation, and according to the provisions of the Contract Law, the party terminating the contract needs to compensate the non-breaching party for its losses, so if the intermediary fee is within a reasonable and legal range, you will have to bear this cost. For the second question, there is no penalty for another month, you can rest assured.

The contract will not automatically become invalid after it takes effect, and only if you propose to terminate the contract (to the court to terminate the contract, or negotiate with the parties to terminate the contract) will the contract be non-binding, so you will be legally responsible if you leave. Of course, this is from a legal point of view, in fact, if the subject matter of the contract is not large, it can be walked away. Hope it can help you!

A simple question, so complicated by you! The money of the intermediary is paid by both parties, so I don't know if you have paid your own share! Landlord's, it's nothing to do with you!

About breach of contract, it depends on how the contract is written! As long as you have told the landlord that you don't want to rent, the deposit is gone!

Sublease of the rented house, that is, the tenant lends part or all of the house to a third party for free use.

In the lease relationship, the tenant's own use is an essential part of fair use. Without the consent of the owner of the house, it is illegal to sublease the public belt and eliminate the house or private house. The owner of the house has the right to request the tenant to stop the sub-lending, and can terminate the lease contract and take back the rented house.

Your case is in breach of contract.

Your contract states that it cannot be rented out and that the purpose of the property is to be rented to one person, if there are special circumstances, you need to negotiate with the landlord first.

It should be fine, he only rolled Tong if he didn't give you money, he was able to do it, and a friend came to the house to be a guest

The landlord is mainly afraid that you will share a house with others in private, which will damage the interests of several parties.

No, the landlord does not have the right to withhold your deposit, you can go to the rental office to deal with the matter.

It's not a breach of contract! It's just a night's sleepover.

1.The previous contract is certainly valid, and if the details of the breach are not stated, the compensation will be based on the normal actual loss. The person who has a contractual relationship with you is a landlord, which is a lease that is not broken by sale and purchase, according to Article 229 of the Contract Law

If there is a change in the ownership of the leased property during the lease period, the validity of the lease contract shall not be affected".

2.You can go to court and file a civil lawsuit. It is to write the complaint first, go to the case filing court to file the case, **, and announce the verdict. It is advisable to find a lawyer as there are many ways to calculate the damages or liquidated damages involved.

China's laws have clear provisions: Article 229 of the Contract Law stipulates that "if the ownership of the leased property changes during the lease period, the validity of the lease contract shall not be affected", and Article 11 of the Measures for the Administration of Urban Housing Leasing stipulates:

During the lease term, if the lessor transfers the ownership of the house, the transferee of the house shall continue to perform the provisions of the original lease contract"; The second paragraph of Article 119 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 the property rights of a private house are transferred due to sale, gift or inheritance during the lease period, the original lease contract shall continue to be valid for the tenant and the new owner".

This will help you go through the judicial process "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 20 Where there is a change in the ownership of the leased house during the lease period, and the lessee requests the transferee of the house to continue to perform the original lease contract, the people's court shall support it. However, the leased house has the following circumstances or the parties agree otherwise:

1) The mortgage has been established before the house is leased, and the ownership changes due to the mortgagee's realization of the mortgage right;

2) The house has been sealed by the people's court in accordance with law before it is rented.

Article 21 Where the lessor sells the leased premises without notifying the lessee within a reasonable period of time or there are other circumstances that infringe upon the lessee's right of first refusal, and the lessee requests the lessor to bear the liability for compensation, the people's court shall support it. However, the people's court shall not support the request to confirm the invalidity of the housing sales contract signed between the lessor and a third party.

Article 22 The lessor and the mortgagee shall notify the lessee within a reasonable period of time if they agree to discount or sell the leased house to repay the debt. Where the tenant requests that the house be purchased first under the same conditions, the people's court shall support it.

Article 23 If the lessor entrusts the auctioneer to auction the leased house, it shall notify the lessee 5 days before the auction. If the lessee does not participate in the auction, the people's court shall find that the lessee has waived the right of first refusal.

Article 24: In any of the following circumstances, where the tenant claims to have priority in purchasing the house, the people's court shall not support it:

1) The co-owner of the house exercises the right of first refusal;

2) The lessor sells the house to close relatives, including spouses, parents, children, siblings, grandparents, grandchildren, and grandchildren;

3) After the lessor fulfills the notification obligation, the lessee does not clearly indicate the purchase within 15 days;

4) A third party purchases the leased house in good faith and has gone through the registration formalities.

1. The main elements such as the house, the amount, the payment method, and the delivery method are present, and the contract is valid.

2. If there is no clear liability for breach of contract in the contract, compensation cannot be claimed, but it can be sued. b. The landlord is not responsible.

3. You can go to the district court where the house is located to file a lawsuit.

Let me briefly say that there is such a provision in the Contract Law, that is, the lease is not broken by sale, that is, during the existence of the lease relationship, even if the lessor transfers the leased object to another person, it will not have any impact on the lease relationship, and the buyer cannot deny the existence of the original lease relationship and demand the lessee to return the leased thing on the grounds that it has become the owner of the leased thing.

The contract is valid, and of course the landlord has to compensate. The only way to go through the legal route is through a civil appeal.

The renter has the right of first refusal, and even if the compensation is a matter for the landlord!