Termination and cancellation of free overtime payment contract

The owner can claim to the court to continue to perform the contract and pay the first overdue rent, and there is no need to ask for the payment of overdue rent, because the requested rent is too high, which will increase the litigation cost. General litigation object 1 10,000 yuan of litigation costs only need 50 yuan. Once the court supports the continued performance of the contract, the subsequent rent will come easily, which can reduce the litigation cost of the owner. Even if the court does not support the continued performance of the contract, it will explain it to the owner during the trial. According to the trial situation, if the request to continue to perform the contract cannot be supported by the court, the owner can choose to terminate the contract during the trial or sue to terminate the contract and compensate for the loss of breach of contract.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 465 A lawfully formed contract shall be protected by law.

A legally established contract is legally binding only on the parties, except as otherwise provided by law.

Article 469 The parties may conclude a contract in writing, orally or in other forms.

Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.

A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.

Article 509 The parties shall fully perform their obligations as agreed.

The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.

During the performance of the contract, the parties shall avoid wasting resources, polluting the environment and destroying the ecology.

Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 929 Where a paid entrustment contract causes losses to the principal due to the fault of the agent, the principal may demand compensation for the losses. In a gratuitous entrustment contract, if the principal suffers losses due to the intentional or gross negligence of the agent, the principal may request compensation for the losses.

If the agent exceeds his authority and causes losses to the principal, he shall compensate for the losses.

Article 930 When handling the entrusted affairs, the agent may claim compensation from the principal for losses caused by causes not attributable to him.