What to do if you break the lease: Hot topics and solutions on the Internet in the past 10 days
Recently, the issue of rental defaults has become a hot topic on social media and news platforms. As the rental market becomes more active, disputes between tenants and landlords also arise frequently. This article will combine the hot content from the entire Internet in the past 10 days to provide structured data and practical suggestions for tenants and landlords.
1. Statistics on hot topics regarding rental defaults in the past 10 days
| Ranking | hot topics | Number of discussions (10,000) | Main points of dispute |
|---|---|---|---|
| 1 | Does the landlord's unilateral rent increase constitute a breach of contract? | 12.5 | Right to interpret contract terms |
| 2 | Tenant’s early check-out deposit dispute | 9.8 | Deposit deduction standards |
| 3 | Controversy over rent relief after the epidemic | 7.2 | Applicability of force majeure clauses |
| 4 | Housing quality issues lead to rental cancellations | 6.5 | Maintenance responsibility division |
| 5 | Subletting dispute between the second landlord and the second landlord | 5.3 | Legality of subletting |
2. Common types of rental defaults and their legal basis
According to Articles 703 to 730 of the Civil Code of the People's Republic of China, rental defaults are mainly divided into the following three categories:
| Default type | Specific performance | Legal terms |
|---|---|---|
| Landlord breach of contract | Raising the rent without authorization, taking over the house in advance, and failing to perform maintenance obligations | Article 708 of the Civil Code |
| Tenant defaults | Rent arrears, subletting without authorization, damage to the property | Article 715 of the Civil Code |
| joint breach of contract | Disputes caused by ambiguous contract terms | Article 466 of the Civil Code |
3. Five-step method for dealing with rental breach of contract
1.preserve evidence: Including rental contracts, chat records, transfer vouchers, photos of the current condition of the house, etc.
2.Resolve through negotiation: Submit appeals in written form (such as WeChat/email) and keep communication records.
3.third party mediation: You can contact the local neighborhood committee, people's mediation committee or housing and construction department to intervene.
4.legal approach: If the negotiation fails, you can file a lawsuit with the court. For small disputes, it is recommended to follow the simplified procedure.
5.Credit history: Check the credit status of the other party through platforms such as "Credit China". If you have major breach of contract, you can apply to be included in the list of dishonest people.
4. Analysis of hot cases
Case 1:Tenants in Beijing were asked by their landlords to move out due to the epidemic quarantine. The court finally ruled that the landlord should return the deposit and compensate for one month's rent, based on the force majeure clause.
Case 2:Shanghai second-hand landlord ran away with money, involving 12 tenants. The police filed a case for contract fraud and reminded tenants to check the original property certificate.
5. Expert advice
1. Clarify the breach of contract clause when signing the contract. It is recommended to agree on a daily liquidated damages ratio of 0.05%-0.1%.
2. Rent payment should be made through bank transfer as much as possible to avoid cash transactions.
3. Take a video of the house before moving in and record the condition of the furniture and appliances in detail.
4. Pay attention to the rental guidance prices issued by the local housing and construction department to avoid price fraud.
5. In major disputes, you can apply for "property preservation" to prevent the other party from transferring assets.
6. Complaint channels in each region
| area | Housing and Urban-Rural Development Department phone number | Legal Aid Hotline |
|---|---|---|
| Beijing | 010-59958664 | 12348 |
| Shanghai | 021-63193188 | 12345 |
| Guangzhou | 020-83334718 | 12348 |
| Shenzhen | 0755-83788218 | 12348 |
The issue of rental default needs to be treated rationally, not only to safeguard one's own rights and interests, but also to abide by the spirit of the contract. It is recommended that both tenants and landlords understand relevant laws and regulations in advance to avoid unnecessary disputes.
check the details
check the details
en
