Can shops be rent-free during the epidemic?

Rent can be reduced or exempted during the epidemic, but it also needs specific analysis, because some local governments clearly stipulate that small and medium-sized enterprises can reduce or exempt housing rent at the government's expense due to production difficulties. However, if an individual is unable to perform the lease contract due to the epidemic, he can advocate rent reduction or rent-free, which is not nationwide. Rent reduction and exemption during the epidemic period is not nationwide, but determined according to local policies issued by provinces, municipalities and autonomous regions according to local specific conditions and the personal wishes of lessors.

1. Can rent be reduced or exempted during the epidemic?

First, if the epidemic causes the lease contract to be unable to be fulfilled, such as shops operating on the street, the government requires them not to open their doors for business, and tenants can advocate rent reduction or rent-free.

Second, if the house can be used during the epidemic, but the income is greatly damaged due to the epidemic, the rent can be appropriately reduced according to the principle of fairness.

Third, if tenants are still living in isolation because of epidemic prevention and control requirements, the idea of rent reduction and exemption generally cannot be established.

Two, the legal provisions of rent reduction during the epidemic.

Rent reduction and exemption during the epidemic period is not a policy promulgated by the state, but a local policy promulgated by provinces, municipalities and autonomous regions to encourage lessors to reduce or exempt operators' rents according to local specific conditions.

Legal basis:

Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases

Article 42 In the event of an outbreak or epidemic of infectious diseases, the local people's governments at or above the county level shall immediately organize forces to carry out prevention and control in accordance with the prevention and control plan and cut off the transmission route of infectious diseases. When necessary, the following emergency measures can be taken and announced after being approved by the people's government at the next higher level: (1) restricting or stopping performances in markets, theaters or other places where people gather; (2) suspension of work, business or classes; (three) closed or sealed public drinking water sources, food and related items contaminated by infectious disease pathogens; (4) controlling or culling wild animals, domestic animals and poultry infected with the epidemic; (five) closed places that may cause the spread of infectious diseases.

Article 45 In the event of an outbreak or epidemic of infectious diseases, the State Council has the right to urgently mobilize personnel or reserve materials and temporarily requisition houses, vehicles and related facilities and equipment throughout the country or across provinces, autonomous regions and municipalities directly under the Central Government.

For example:

Interpretation of the general office of Sichuan Provincial People's Government on the policies and measures to deal with the novel coronavirus epidemic and ease the production and operation difficulties of small and medium-sized enterprises

1. For small and medium-sized enterprises that lease state-owned assets for business premises, the rent will be reduced 1 to 3 months. Among them, the business premises of provincial enterprises will be implemented in accordance with the "top grid" of three-month rent exemption.

2, during the epidemic, the provincial small and micro enterprise innovation demonstration base of small and medium-sized enterprise workshop rent relief, the provincial finance by no more than 50% of the total rent relief subsidies.

3, for large commercial buildings, shopping malls, comprehensive market operators, all localities can give appropriate financial subsidies, rent relief for owners.

Brief summary:

Can shops be rent-free during the epidemic? Rent can be reduced or exempted during the epidemic, but it also needs to be analyzed in detail, because some local governments have clearly stipulated that small and medium-sized enterprises can reduce or exempt rent because of production difficulties, but individuals can claim rent reduction or exemption because they cannot fulfill their lease contracts due to the epidemic.