The rent has skyrocketed. The landlord has broken the contract. The judge reminded the tenant that he could refuse to move.
source: the Legal Evening News
according to statistics, the price of rent in Beijing in April and May rose more than 20% year on year, and the rent rise in some good and convenient traffic is more than 50%.
factors such as graduates leaving school renting houses, new property market regulation and other factors have contributed to the rise of rent.
"when the rent is soaring, some landlords will terminate the contract on the grounds of selling the house or decorating the house when the rental contract has not yet expired." Yu Lijiang, vice president of the court of the Chaoyang Court, told reporters that in the last 3 months, the landlord's rise in rent caused more disputes than from 1 to March this year, reaching more than 20.
these disputes do not appear to be triggered by rent increases. Once they arrive in court, the lessee will tell the truth.
"the landlord prefers to pay the penalty fee to drive out the tenant, because the rented house will get more profits." Yu Lijiang said.
1. in the face of a landlord breach of contract, can a tenant request to continue the contract? What can the
2. tenant be able to claim for a breach of contract?
3. should deal with the landlord's breach of contract? The judge explained that the landlord wants to lift the lease contract ahead of time with sufficient reasons, such as selling a house or decorating a house.
because in accordance with the contract law, the sale does not break the lease.
that is, the house can be sold in the rental state, and the purchaser must continue to fulfill the original lease contract until the expiration date.
buyers and sellers can negotiate the rent assignment and other problems after the sale, but they can not drive away the tenants. And the decoration of the house is more untenable.
Jinxiang lawyer of Beijing Jingjian law firm said that the lease contract was only negotiated between the two sides or discharged according to the law, otherwise the owner must perform. If the owner of the house is destroyed, the tenant can refuse to move.
can not claim intermediary fee
if the tenant agrees to move out, what can we claim in addition to the damages for the claim?
judge Yu explained that although the landlord default is to gain greater interests, it is not certain, nor is it proof that the owner can not get all the benefits obtained by the landlord. The Department returned to the tenant. Therefore, the court can only judge the landlord to pay liquidated damages, but will not support other compensation requests from tenants, such as finding intermediary fees for other houses.
but there is one exception. If the landlord takes some coercive measures to drive out the tenant, such as water cut off and so on, it is illegal to take the related responsibility.
for example, the electrical equipment in the house is damaged, for example, if the item is a tenant, the landlord should compensate it, and if the owner is the owner of the property, he will bear the loss.
keyword,
landlord
the owner of
to the court will "aggravate"
judge Yu Lijiang explained that similar disputes to the court, the court will generally conciliation, if the owner must be relieved of the contract, the court will not generally decide to continue to follow the lease contract, but will "aggravate" the landlord's breach of responsibility Let.
because the housing lease contract and the general property payment contract is not the same, not only have property relations, but also the trust relationship between the two sides, after all, the owner of the house is a set of houses.
it is impossible to continue to fulfill the rental contract when the trust relationship between the two parties is lost. For example, the landlord may cut off water and electricity and change keys; tenants may destroy things, not pay rent on time. Therefore, in order to avoid a series of subsequent disputes, courts generally do not decide to enforce contracts.
but the court will decide that the owner of the house will pay a breach of contract, and the amount of the liquidated damages is subject to the agreement stipulated in the contract (most of the contracts are agreed to be a one month rent).
in addition, the tenant will be sentenced to one month or longer period, which will increase the default cost of the landlord.
the landlord's breach of a letter of breach of letter also has a moral hazard
Gold lawyer said that the owner of a default would lose faith in a housing agency or a tenant, so it would be a problem for the house to re rent it again.
in addition, landlords will face the risk of falling rent when they are re rented.
in the face of the rising market rent, the landlord may consult with the tenant if he wants to raise the rent.
because if the tenant is looking for a house again, it is also faced with a rise in the rent, so it is better to give the landlord a little more rent than to find a house again, and it will not be impossible for both parties to negotiate.
to prevent the occurrence of breach of contract, the two sides can make a higher contract, Yu judge explained that the general amount of liquidated damages is more than 30% of the total of the total rent of the year. For example, the monthly rent is 3000 yuan, the annual rent is 36 thousand yuan, then the penalty for breach of contract can be agreed to be 10 thousand yuan, equivalent to 3 months of rent.
at present, the popular practice in the rental contract is to contract a breach of payment for one month rent, which is relatively low, and is not conducive to the protection of the tenant in the case of the rapid price rise of the rent.
Yu also reminded that in accordance with the provisions of the contract law, the penalty for breach of contract shall not exceed 30% of the contract value. If the agreement is too high and the breach of the contract is a protest by the court, the court will reduce the amount of the penalty according to the specific circumstances.