Ms. Li from Changqing District of Jinan is a tenant.
I want to withdraw my rent halfway for physical reasons.
Also willing to
Ms. Li from Changqing District of Jinan is a tenant.
I want to withdraw my rent halfway for physical reasons.
Also willing to pay liquidated damages as agreed in the contract,
But the problems she encountered have never been solved.
Now she's exhausted,
I don't know what to do.
On April 20 this year, Ms. Li rented a house in Jinxiu Lanting Community of Jinan City through Maya real estate agency. The lease term is one year, and the monthly rent is 1.900 yuan, one for three. At the same time, Ms. Li also signed a formal lease contract with the landlord and intermediary. She just paid the rent for the second half of the year in June 65438+1October 265438+1October, but by the end of June 65438+1October, an accident appeared.
Tenant Ms. Li: Because of my personal reasons, I found something wrong with my body at 5438+00 at the end of June and had a minor operation. The doctor said I would stay at home for a while because.
Because of health reasons, the shop is closed now, and I'm going to refund the rent here to reduce the burden.
Ms. Li used to do snack business in Jinan, and renting a house was convenient for business. Now, due to physical reasons, she intends to transfer the snack bar, return the rented house and go back to her hometown Changqing to rest for a while. Ms. Li thinks that since she has breached the contract, she will dig out the contract and prepare to return the rent according to the contract: "It is written in the contract that if one party breaches the contract, the liquidated damages will be one month's rent, which is equivalent to 1900 yuan as the liquidated damages, so the liquidated damages will offset the deposit. I paid the rent for a year, and I lived for seven and a half months, which means the landlord will refund me four and a half months' rent. According to the contract, it is. "
At the same time, the contract also stipulates that the lease should be notified one month in advance. 10.5, 165438, Ms. Li asked the landlord to cancel the lease, and it was a month later, that is, on February 5, 65438, hoping that the landlord would come and end the contract and hand over the house. However, on February 5, 65438, the landlord did not appear, and Ms. Li's information did not reply.
Ms. Li said that the liquidated damages and the deposit were offset, and the remaining four and a half months rent was returned to herself. This is a legitimate appeal based on the contract, but she communicated with the landlord many times and never reached an agreement.
Tenant Ms. Li: I can't say now. You can't talk until you see her. The agent called her, but she didn't come. The intermediary told me to either return me as much as possible when her house was rented out, or deduct my rent for three months. I think it's a bit unreasonable, because if there is a contract, we must follow it, otherwise it's useless to sign it.
The rent for four and a half months is 8550 yuan, which is not a small sum for Ms. Li. Now it is almost 20 days before the date of 65438+February 5, and the problem of handing over the house has not been solved. Ms. Li always feels that there is a stone in her heart.
Tenant Ms. Li: The landlord gave me five keys. I finished talking with the landlord and wanted to refund the rent. 1October 10 After I finished sorting it out, 165438, I gave the key to the agency, and each agency left a key for them to come and look at the house, so as not to delay renting out the house. I kept one for myself and the rest.
The landlord has been away, can the intermediary contact or cancel the contract with Ms. Li directly? Subsequently, the reporter and Ms. Li came to the intermediary who rented the house at that time.
The staff of the intermediary said that after the incident, they also contacted the landlord many times in the hope of mediation, but the landlord refused to show up, and said that if the rent was to be refunded, they could only find the next tenant or deduct the rent for three months.
In order to facilitate the settlement of this matter, the Commissioner contacted the landlord Xiao Li by telephone: "I think it is unreasonable for you to leave the house when you live, and all the consequences will be borne by me." (Reporter: Ms. Li talked about her physical condition and stopped her business, so she communicated with us on 1 1.5, and wanted to settle the rent on 1.5 and refund the rent. ) There is no such thing. "
The landlord Xiao Li and Ms. Li have different views. She said that Ms. Li, the tenant, did not say hello one month in advance and said that she would refund the rent. However, the WeChat chat record provided by Ms. Li shows that on10.5, 165438, Ms. Li did sublet to the landlord. The reporter also wants to coordinate, but the attitude of the landlord Xiao Li ....
Ms. Li paid the rent for a year, but only lived for seven and a half months. It is a reasonable demand based on the contract to return the remaining four and a half months' rent after paying the liquidated damages. But somehow, the landlord Xiao Li's mood suddenly got excited.
When the landlord Xiao Li's mood gradually calmed down, the reporter once again asked Ms. Li to pay liquidated damages to cancel the contract. Landlord Xiao Li said that she also came according to the contract, but did not point out which one she came according to. And said, "Let her go to the public. Should I wait for her in court? Let her sue. Is this my attitude? Goodbye. "
Subsequently, the landlord Xiao Li hung up the phone. Ms. Li felt very helpless about the attitude of the landlord.
Regarding the rights and obligations of both parties, we also consulted the lawyers of Qilu Channel Legal Service Group:
Claire Kuo, lawyer of Qilu Channel Legal Service Group:
From February 5, 65438, Ms. Li proposed to terminate the lease contract. Judging from the fact that there are still four and a half months left in the lease between Ms. Li and the landlord, and the landlord has collected four and a half months' rent, the landlord needs to deduct one month's rent as its liquidated damages and return the remaining three and a half months' rent to Ms. Li. Ms. Li has also fulfilled her obligation to notify her one month in advance to terminate the lease contract, so the landlord should also return the deposit to Ms. Li.
The compensation for losses agreed in the contract should refer to the situation that Ms. Li directly caused losses by renting the house involved and the equipment in the house involved, excluding the loss of agency fees caused by the landlord looking for the next tenant or looking for the next tenant. It is suggested that Ms. Li actively communicate and coordinate with the landlord to terminate the lease contract. If the landlord does not appear, the lease relationship between the landlord and Ms. Li will continue for Ms. Li, and Ms. Li Can will also take legal measures to stop her loss as soon as possible.
Whether Ms. Li has the obligation to help find a tenant and whether she needs to compensate the so-called loss in the landlord's mouth does not need a lawyer to analyze it from a professional perspective. The reason is also obvious here. If all depends on the landlord's temper, according to the landlord's statement, what's the point of signing the contract at the beginning? A society ruled by law emphasizes the spirit of contract. Now that we have signed it, we should act according to the contract. The landlord is reasonable, so let's not continue to embarrass Ms. Li. If you really become a defendant because of this incident, it is worthwhile to harm others and not benefit yourself.
Yuanyuanxiao Xi handle affairs