What if the tenant fails to pay the rent on time and defaults to the landlord?
The rental market is unsafe and problems will be encountered everywhere. Recently, in the process of renting a house, some tenants failed to pay the rent on time and finally demanded to withdraw the rent. The tenant's behavior has brought great influence to the landlord. What is the solution? Consultation question: Mr. Wang has a property, which was rented out last April. The tenant Li rented the property and signed a one-year lease contract with the landlord Mr. Wang. 1 1 month 15, Mr. Wang urged Li to pay the rent, and Li said that it would be remitted on 2 1 day. 2 1 day, when Mr. Wang urged Li to pay the rent again, Li said that he would withdraw the rent without paying the rent and related expenses. So far, Li owes Mr. Wang rent. During this period, Mr. Wang wanted to show other tenants the house, but because Li Wei returned the key, he could not enter the house, which made it impossible to rent the house. Mr. Wang asked, how should this problem be solved Lawyer replied: At that time, the two parties signed a house lease contract, that is, there was a lease agreement, which needed to be strictly implemented. The payment of rent also needs to be carried out in accordance with the provisions of the contract. If no agreement can be reached, a supplementary agreement can be reached through consultation. In addition, if the other party returns the lease, which is a breach of contract, you can ask the other party to bear the liquidated damages and compensate the actual losses. If negotiation with the other party fails, you can bring a lawsuit to the court. Liability for breach of contract is the abbreviation of civil liability for breach of contract, which refers to the civil liability that a party to a contract should bear if it fails to perform its contractual obligations or fails to fulfill its contractual obligations. Elements of liability for breach of contract: (1) breach of contract; (2) Damage to facts; (3) There is a causal relationship between the breach of contract and the fact of damage; (4) There is no exemption. The former is called the positive element of liability for breach of contract, and the latter is called the negative element of liability for breach of contract. Only the positive factor, namely breach of contract, is discussed here. Compensation for liquidated damages 1, the concept and nature of liquidated damages. Liquidated damages refer to a certain amount of money or property that should be paid to the other party when one party breaches the contract. According to different standards, liquidated damages can be divided into: (1) statutory liquidated damages and agreed liquidated damages; (2) Punitive liquidated damages and compensatory liquidated damages. Before the implementation of the Contract Law, China's liquidated damages system was compatible with the above forms, and the Contract Law made brand-new provisions. According to the current contract law, liquidated damages have the following legal characteristics: (1) is pre-agreed in the contract (one of the contract terms); (2) It is a certain amount of money (fixed compensation) paid by one party to the other party when it breaches the contract; (3) It is an agreement on the liability for compensation (different from general contractual obligations). Regarding the nature of liquidated damages, it is generally believed that the liquidated damages system established by the current contract law is not punitive and belongs to compensatory liquidated damages system. Even if the agreed amount of liquidated damages is higher than the actual loss, this basic attribute cannot be changed. Whether the parties can agree on simple punitive liquidated damages is not clearly stipulated in the contract law. Generally speaking, this agreement is not invalid, but its nature is still liquidated damages. 2. Increase or decrease of liquidated damages. Liquidated damages are pre-agreed damages, which may be higher than the actual loss or lower than the actual loss. Abnormal high and low will lead to unfair results. Therefore, the laws of various countries stipulate that the judge has the right to change the liquidated damages, and the second paragraph of Article 1 14 of our contract law also stipulates it. Its characteristics are as follows: (1) The agreed liquidated damages are "lower than the losses caused" or "excessively higher than the losses caused"; (2) At the request of the party concerned; (3) Decided by a court or an arbitration institution. (4) "increase" or "appropriate decrease".