The landlord took the house in advance in violation of the contract, but the contract did not include liquidated damages, and the deposit also restricted the landlord's behavior. If the landlord repossesses the house in advance, the lessee may require the lessor to make compensation according to the actual losses suffered by him. Let's take a look at the landlord's breach of contract to recover the house in advance, but there is no liquidated damages in the contract.
The landlord took the house in advance by default, but the contract didn't say 1. 1. What should I do if the landlord repossesses the house in advance and fails to write a penalty in the rental contract?
According to the relevant provisions of the Civil Code, it can be seen that the so-called liquidated damages are determined by the two parties in advance. Since there is no penalty clause in your contract, there is no such thing as penalty. In practice, early check-out in similar situations may be a non-refundable deposit, even if the other party loses due to early check-out, it is only damages, not liquidated damages, and the burden of proof lies with the other party.
Second, what if the landlord closes the house in advance and does not give liquidated damages?
If the landlord closes the house in advance and does not pay the liquidated damages, he can negotiate with the other party. If negotiation fails, he can bring a lawsuit to ask the other party to bear the liability for breach of contract. According to the provisions of the Civil Code, if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Third, how to compensate for liquidated damages if the rental contract is not written?
Compensation according to the actual loss caused by breach of contract. If one party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the agreement, thus causing losses to the other party, the amount of compensation 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, but shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract. The Civil Law of People's Republic of China (PRC) stipulates that the breaching party may stipulate that one party shall pay a certain amount of liquidated damages to the other party according to the breach of contract, and may also stipulate the calculation method of the amount of damages caused by breach of contract.
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 reduce them appropriately. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
The landlord broke the contract and closed the house in advance, but the contract did not write liquidated damages. 2. 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.
For example, 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.
Second, the 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 had been rented 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.
The landlord took back the house in advance in violation of the contract, but there was no liquidated damages in the contract. 3. If the landlord repossesses the house in advance, the lessee may require the lessor to pay compensation according to the actual losses it has suffered; The amount of compensation for losses shall include the expected income of the lessee; If there is an agreement in the lease contract, compensation shall be given according to the agreement.
According to Article 577 of the Civil Code, if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 583 Where one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party suffers other losses, it shall compensate for the losses.
Article 584 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
Can the landlord take it back in advance?
The landlord has no right to take back the house in advance because it was signed with the landlord at that time. The agreement clearly stipulates when the house will be repossessed and when it will expire. Both parties shall perform their respective obligations in accordance with the corresponding contracts. If the landlord's contract has not expired at this time, he will forcibly take back the house, and he can ask the landlord to compensate the corresponding liquidated damages. If renting again leads to rent increase or agency fee loss, you can also ask the landlord for compensation.
How long is the lease?
The term of house lease refers to the period during which the lessee uses the lessor's house.
If the parties have agreed on the lease term, it is a term lease; If the lease term is not agreed, it is an indefinite lease; If the lease term exceeds 6 months, but it is not in written form, it shall be regarded as an indefinite lease. The lease term of fixed-term lease and non-fixed-term lease contracts shall not exceed 20 years. If the lease term exceeds 20 years, the excess part will be invalid.
The lessor has the right to specify the lease term when signing the lease contract and take back the house after the lease expires. After the expiration of the house lease, the lessee has the obligation to return the rented house. If it is necessary to continue to rent the original leased house, the lessee shall propose it three months before the expiration of the lease period and sign a new lease contract with the consent of the lessor. The lessor shall deliver the leased house to the lessee for use within the time limit stipulated in the lease contract, and ensure the lessee's proper use within the term of the lease contract.
When the lessor needs to recover the house before the expiration of the lease contract, it shall obtain the consent of the lessee in advance and compensate the lessee for the losses. If the lease term is not agreed, and the owner of the house requests to take back the house for self-occupation, it shall generally be allowed. If the lessee has the conditions to move, it shall be ordered to move; If it is really difficult for the lessee to move, he can be given a certain time to find a house or vacate some houses.