My father, with white hair and many vicissitudes, has a home and can't go home. He was almost reduced to sleeping on the street. How can he not make people angry? I think I can understand the feelings of the landlord.
However, after sensibility, I returned to rationality. I have the following analysis, just asking for help, not for the sake of copper stink.
1. Father didn't break the contract. Maybe my father wanted to break the contract, but the other party didn't let him step into the house in the end. How can we talk about breaking the contract?
2. If you want them to fuck off. This is essentially about the termination of the contract. Because the contract has not expired, it is a breach of contract to terminate the contract in advance. The breaching party shall compensate the other party for its losses. If there are liquidated damages, compensate for the losses as agreed; If negotiation fails, compensation shall be made according to actual losses. The actual loss should be confirmed according to the evidence provided by the other party, and what evidence the other party can provide to prove the loss depends on the ability of the other party's lawyer.
Speaking of which, I believe that the clever landlord must know which scheme is the most difficult for the other party.
4. changing the lock without permission belongs to the problem of house repair. If there is no agreement, it is the lessor's obligation to repair the house. If the lessor fails to perform, the lessee can repair it by himself. In this case, it is the act of changing the lock. The other party should inform the landlord to change the lock first. Although there is no notice, it can only be considered that there is a problem and there is no big problem. After all, the other party has fulfilled the obligation that should belong to you.
There is nothing wrong with your father changing the lock privately, as long as he still gives the other party a key to use after changing the lock. Otherwise, it has affected the other party's use of the house, which may constitute a breach of contract or infringement depending on the specific circumstances. Even if the house belongs to the father, because the house belonging to the father has been legally occupied by the other party through the lease contract for some time, it is still in the legal possession of the other party.
Next, more importantly,
6, the payment of rent, not like someone upstairs said, you don't want the other party to pay rent. For the payment of rent, it should be performed at the location of the rent collector (if there is no agreement in the contract, I believe the contract will not stipulate that the lessor will come back to collect rent in person). Therefore, the other party's request for the landlord to come back to collect the rent cannot be regarded as a willingness to pay the rent, but as a refusal to pay the rent. There is no doubt that this is a breach of contract.
7. The landlord should not correct this breach of contract. Instead, he should agree with the other party on a reasonable time limit for paying the rent, such as ten days, but don't specify how the other party will pay the rent. He should pay the rent according to the contract at most. Then the other party is likely to continue to ask the landlord to come back in person to collect the rent. Then the landlord can quietly expire in ten days, and according to the contract law, the contract can be completely legally terminated.
8. In this case, the termination of the contract is completely opposite to the previous situation. It is based on the other party's breach of contract, so it will not bear the liability for breach of contract, and also requires the other party to bear the liability for breach of contract.
9. The above 6, 7 and 8 points are most beneficial to the landlord. Relevant laws can be found in Article 62, Paragraph 1, Item 3 and Article 227 of the Contract Law. The landlord can read it carefully and ponder every word carefully.
10. Once the contract is successfully terminated, I think the situation will be quite clear. Moreover, the whole situation also shows the trend of the other party changing from active to passive. Because their legal possession of the house has now become illegal possession. At this time, your father, as the property owner, can generously "please" the other party out of your house based on property claims. At that time, it was "thirty years in Hedong, thirty years in Hexi" and "mountains and rivers turn in turn".