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What to do with shop rent during the epidemic?
The housing rents that are required to be reduced or exempted all have one characteristic or premise: "renting state-owned assets for business use", which means that the state is willing to cooperate with various enterprises that rent public-owned and directly managed housing *** To tide over the difficulties, the government can overcome the difficulties, but he cannot control it too leniently, and cannot directly send documents to the property owners of various private residences or shops to reduce or reduce rents. In reality, many small, medium and micro enterprises in difficulty are unable to rent state-owned (including collective) assets for business operations. In the rental market, such state-owned office buildings or properties are not accessible to most small and micro enterprises, let alone Self-employed people go to leasing operations. Most of the companies that can rent state-owned (including collective) assets for business use are large enterprises, and their ability to withstand risks is actually much stronger than that of small and micro enterprises and self-employed households. "We actively encourage non-state-owned enterprise owners and individual landlords to reduce or reduce rent, property management fees and other expenses for tenants. Specific matters will be resolved through negotiation between the two parties." Sanya City’s policy opinion is to “advocate owners (landlords) to reduce or reduce rents for tenants, and the details can be resolved through negotiation between the two parties.” Shanghai’s policy opinion is to “encourage various market operating entities such as large commercial buildings, shopping malls, and parks to reduce or reduce rents for tenants operating entities.” Due to the different ownership nature of the leased shops, there will be completely different results in rent reduction. The state-owned ones are exempted from the tax according to the notice, while the private shops are advocated for the exemption and negotiated settlement.
: Tenants who rent private properties, although you may not be within the scope of reductions and exemptions for properties directly managed by the state, you can still negotiate or even litigate based on "the inability to perform the contract due to force majeure."
Legal basis: Article 26 of the "Interpretation of the Supreme Court on Several Issues Concerning the Application of Contract Law (II)" After the establishment of the contract, objective circumstances that could not be foreseen by the parties at the time of the conclusion of the contract and are not caused by force majeure are not There is a significant change in business risks and it is obviously unfair for one party to continue to perform the contract or the purpose of the contract cannot be achieved.
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