1. The deposit for early check-out will be deducted from the liquidated damages.
Case: I paid all the rent before the lease and wanted to go home early for the New Year. I didn't expect the landlord to deduct part of my deposit on the grounds of "early rent withdrawal". Do I need to detain the rent in advance?
Analysis: the tenant withdraws the rent in advance, and the landlord has no reason to detain the money. However, reasonable compensation should be made in accordance with the corresponding provisions in the lease contract. However, in the rental market, some landlords often tell tenants to "withdraw the rent in advance and detain the money" for their own interests, and most tenants don't want to get into trouble for a deposit of one or two hundred yuan, so this phenomenon is more common. When renting a house, it is the tenant's obligation to pay the rental fee, and it is the tenant's right to choose whether to live here. The two cannot be confused. When signing the lease contract, it is best to write the negotiation plan of early lease withdrawal into the contract. If it is necessary to cancel the lease in advance, it should be fulfilled according to the contract to avoid disputes.
2. Lease and sublease disputes
Case: Xiao Liu signed a lease contract with tenant Xiao Li, and rented a house under his name to Xiao Li at a monthly rent of 3,000 yuan for one year. Later, Xiao Li had the idea of being a "second landlord" and subletted the house to Xiao Zhang privately. Xiao Liu found Xiao Li and asked him to be held accountable. Xiao Li thinks that his lease contract with Xiao Liu does not stipulate that he cannot sublet, and subletting to Xiao Zhang is his own business. Xiao Zhang was also very angry after knowing this situation and asked Xiao Li to bear the corresponding responsibility. Faced with the problem of subletting, all parties are at loggerheads.
Analysis: Paragraph 2 of Article 224 of China's Contract Law clearly stipulates: "If the lessee sublets without the consent of the lessor, the lessor may terminate the contract."
The lessee must obtain the consent of the lessor before subletting, and a sublease contract should be signed before subletting. It can be seen that Xiao Li sublets the house to Xiao Zhang, without the consent of the lessor Xiao Liu beforehand, and without the ratification of Xiao Liu afterwards, the subletting behavior cannot be supported by law. If Xiao Liu and Xiao Xiao can't negotiate, they can choose the litigation route and request to terminate the lease contract with Xiao Li according to law. For Xiao Zhang, the sub-tenant, if losses are caused to him, he can claim corresponding responsibilities from Xiao Li according to the principle of contract relativity and the lease contract with Xiao Li.
3, housing damage compensation disputes
Case: After renting the house, the tenant found that the facilities in the house were damaged during the handover. The landlord asked the tenant for compensation, and the tenant thought that he should not bear the corresponding responsibility. What if there is a conflict?
Analysis: If it is found that the facilities in the house are damaged during leaseback, we should first check whether the facilities are damaged due to the obsolete and worn equipment caused by normal use, or due to quality problems, or because of human factors and intentional damage. If it is unintentional damage, the landlord should understand and repair and replace it by himself. If the damage is intentionally caused by the tenant, it should be negotiated with the tenant and the tenant should compensate. If there is any conflict, both parties should settle it through consultation. If negotiation fails, legal assistance shall be sought in accordance with the lease contract to safeguard their legitimate rights and interests. Physical conflict should not occur, resulting in serious consequences.
In case of real estate disputes arising from rent withdrawal, tenants should first negotiate with the landlord to solve them, and then seek legal help to safeguard their rights and interests.