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How to tell the landlord about free rent during the epidemic
If the landlord needs to waive rent due to the epidemic, the lessee can apply to the lessor and explain the reason for rent exemption and the period of rent exemption. It should be noted that this is only due to force majeure factors such as the epidemic. The conditions for rent exemption can be met and need to be negotiated by both parties based on the actual situation.
It is necessary to apply and determine through negotiation between both parties. For example, due to the epidemic, some house tenants, especially migrant workers, are unable to return to the place where they work to use the rented house. The tenant can rely on the relevant provisions of "force majeure" The contract stipulates that a partial rent reduction or reduction is requested; or the rental of commercial stores such as entertainment halls and amusement parks is forced to close due to epidemic prevention measures. It is true that losses occurred due to force majeure and the impact is huge. The company is unable to bear the responsibilities of the lease contract and requires a reduction or reduction. The rent is reasonable.
2. Conditions of force majeure
1. Unforeseeable contingency. The event referred to by force majeure must be an event that was unforeseen by the parties when the contract was concluded, and its occurrence after the conclusion of the contract is purely accidental. Of course, such unexpected accidental events are not events that are completely unimaginable by the parties concerned, and some accidental events are not completely unforeseen by the parties concerned.
2. Uncontrollable objectivity. A force majeure event must be caused by objective reasons beyond the control of the debtor. The debtor has neither intention nor fault for the occurrence of the event, nor can it subjectively prevent it from happening.
House rent can be exempted. The specific situation should be analyzed in detail. Whether and how much the rent should be reduced or exempted should be comprehensively considered. The impact of the epidemic on the lessee's occupation of the house and operation, the causal relationship and other factors should be comprehensively considered. All the tenants should also be considered. Whether the damage suffered is caused by normal business risks or __ reasons.
1. In commercial house leasing, if affected by the epidemic, the house is in normal use and the tenant requests rent reduction or exemption. Generally, the rent can be reduced or exempted, and the court will generally grant it. _hold. _For example, bars, KTVs, bars, cinemas, shopping malls, catering establishments, farmers' markets, etc. that have been closed according to the government's requirements. __If the delay in resumption of government policies results in _unlawful __, resulting in __ being unable to _operate in _ industry.
2. If the epidemic does not affect the tenant’s actual possession of the house, but the epidemic affects the business income and property, the tenant may request a reduction or exemption of part of the rent, and the court may based on the principle of fairness. Adjust rent as appropriate. If the epidemic seriously affects the business operation such as a reduction in passenger flow and causes heavy losses in the lessee's business income and production, the lessee may request a partial rent reduction on this basis.
Legal basis:
Article 590 of the Civil Code: If a party is unable to perform the contract due to force majeure, it shall be partially or completely exempted from liability based on the impact of the force majeure, but the law Unless otherwise specified. If the contract cannot be performed due to force majeure, the other party shall be notified in a timely manner to mitigate possible losses to the other party, and proof shall be provided within a reasonable period.
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