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If the lease contract has not expired, what kind of responsibility do you have to bear if you want to move out? Will you be taken to court?
Legal analysis
There are generally two situations in which the lessor violates the lease contract. First, the lessor breaks the contract or requests to terminate the lease contract in advance, and the lessee refuses to terminate the contract and requests to continue the lease; If the lessee is forced to withdraw the lease, it shall pay liquidated damages in accordance with the contract. If there is no agreement, the lessee shall be compensated for the actual losses, including decoration depreciation and possible income loss. But these need to be proved. Second, if the lessor refuses to repair, the lessee has the right to repair itself and requires the lessor to bear the corresponding expenses. There are three situations in which the lessee violates the lease contract. First of all, it delayed the payment of rent. According to the contract, the lessor has the right to request to continue to pay the rent or even terminate the lease contract. Second, the lessee withdraws the lease in advance, and the rented house can request to terminate the contract and compensate for the losses, or continue to perform the contract and continue to pay the rent. If the lessee fails to perform the procedures for terminating the contract, the lessor may request to continue to pay the rent. Even if the tenant does not use the house, he still needs to pay the resulting rent.
legal ground
People's Republic of China (PRC) Civil Code
Article 584 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
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.
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