First,? Compensation for the landlord's breach of contract after paying the deposit
Many people like to charge a deposit when renting a house to reduce the risk of tenant default. But the deposit not only restricts the behavior of tenants, but also restricts the behavior of landlords. If the landlord repents after receiving the deposit and is unwilling to rent the house to the tenant, then the landlord needs the double indemnity tenant deposit. Give a chestnut: Xiao Zhang is satisfied with the house that Mr. Li wants to rent, but it will take some time to move in for various reasons. In order to prevent Xiao Zhang from renting his own house, Mr. Li charged Xiao Zhang a deposit of 1000 yuan and signed a deposit delivery contract. But two days later, Mr. Li felt that his house rent was cheap, and another tenant was willing to pay more rent. So Mr. Li regretted it and was no longer willing to rent the house to Xiao Zhang. As Mr. Li received the deposit, he should double the deposit of 2000 yuan to Zhang after breach of contract.
It should be noted here that the legal effect of deposit is different from that of deposit and intentional deposit, and the legal effect of deposit is stronger and clearer. No matter which party breaches the contract, it is necessary to pay compensation for the deposit amount. There is no clear responsibility statement for the deposit, and the compensation for the deposit is more flexible. Both parties can claim compensation from the other party according to their own losses. Intention money is similar to deposit, and its legal responsibility is not clear. Therefore, the fee paid by the tenant before renting a house must clearly indicate whether it is a deposit or a deposit.
Second,? How to compensate for the breach of lease in advance?
In the process of renting a house, the landlord may have various reasons to take back the house in advance. For example, some landlords want to sell their houses, and some want to take back their homes. How to compensate the landlord for breach of contract? According to the relevant provisions of the Contract Law, if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. In the actual process of renting a house, the landlord and tenant can stipulate the liability for breach of contract and compensation in the contract. Generally, both the landlord and the tenant agree to pay the liquidated damages of the deposit amount, and a few calculate the specific liquidated damages according to the time when the contract is not fulfilled. Give a chestnut: Mr. Li rented the house to Xiao Zhang, and both parties agreed to rent 2000 yuan/month, deposit 2000 yuan, and lease for two years. But a year later, Mr. Li decided to sell the rental house because he needed cash to do business. However, the two-year lease has not yet arrived. According to the contract, Mr. Li should return the deposit of 2000 yuan to Xiao Zhang and pay another 2000 yuan as liquidated damages. The agreement between another tenant and the landlord is not such compensation. Ms Wang rents the house to Xiao Chen. Both parties agree that the rent is 1 1,000 yuan/month and the deposit is 1 1,000 yuan. The lease term is one year. If the owner repossesses the house in advance, he should pay double the rent to the lessee for failing to perform the contract. But eight months later, Ms. Wang wanted to take back the house and live by herself, so Ms. Wang had to pay 4,000 yuan for four months' rent in Xiao Chen. It can be seen that the compensation for the landlord's early breach of contract can be agreed in the contract.
Third,? Compensation for breach of contract when the landlord fails to perform the lessor's obligations
Ms. Xu, who lives in Beijing, was recently taken to court by the tenant. It turned out that after Ms. Xu rented the house to the tenant Mr. Zhao, she ignored Mr. Zhao's question about the safety maintenance of the house wires, and finally the house was paralyzed due to the aging of the circuit. Not only the tenant's finances were burned, but also the neighbors were hurt. The court held that Ms. Xu failed to fulfill her obligations as agreed in the contract and ignored the questions raised by the lessee Mr. Zhao. In the end, Ms. Xu should bear the main responsibility for the fire and compensate Mr. Zhao and his neighbors for their losses. It can be seen that when the landlord fails to perform the obligations of the lessor, the tenant can terminate the lease contract, and the landlord who caused the loss to the tenant still needs to compensate for the loss.
The above is the compensation for the landlord's breach of contract, and the landlord's responsibility and compensation are different under different circumstances. When renting a house, we should earnestly fulfill the contract and fulfill our obligations. Whether it is a tenant or a landlord, breach of contract is a bad behavior, not only to compensate for liquidated damages, but also to face the consequences of dishonesty.
(The above answers were published on 2017-01-15. Please refer to the actual situation for the current purchase policy. )
Sohu Focus Network provides you with comprehensive information such as real estate information, real estate details, purchase process, owners' forum and home decoration.