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What should I do if the store does not refund the rent?
Legal analysis: If the developer who purchased the shop defaults and does not return the lease, he can go to the local Ministry of Justice to sue or conduct private coordination. Although the developer's commitment to lease back the shops is so-called contractually bound, in fact, in the future lease back operations, disputes often arise due to unforeseen risks such as internal changes in the company, reorganization, and bankruptcy. Developers promise to rent back and sell shops without guaranteeing full performance of the contract, which is actually a fraud on consumers. If the shop does not pay rent, the landlord has the right to deduct the rent that the tenant should pay from the deposit, and the amount deducted should be equal to the amount of rent and liquidated damages; if the landlord fails to pay the rent after notifying him to pay the rent and fulfill the reminder obligation, the landlord can terminate the contract and Hold the tenant responsible for breach of contract.
1. Both parties shall negotiate to resolve the dispute. If the parties involved in house leasing have disputes over the rental of the house, they shall resolve the dispute through negotiation.
2. If negotiation fails, you can apply for arbitration or civil litigation.
The law stipulates that if the parties to a house lease fail to reach an agreement due to disputes over the lease of a house, they shall follow the civil litigation stipulated in the house lease contract or apply for arbitration to resolve the dispute.
Although the lessee is in arrears with rent, the lease contract is still valid and the rent will continue to be calculated on a monthly basis. Therefore, even if the rent is in arrears for a period of time, the lessor still hopes to maintain a lease relationship with the possibility of recovering the rent. . When the lessee defaults on rent, the lessor can either request to terminate the contract and recover the arrears of rent from the lessee for breach of contract, or it can require the lessee to pay liquidated damages while recovering the arrears of rent from the lessee. and continue to perform the lease contract.
Legal basis: "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes" Article 13 The commercial housing sales contract does not stipulate the amount of liquidated damages or the method for calculating the amount of loss compensation. The amount of liquidated damages Alternatively, the amount of loss compensation can be determined with reference to the following standards: If payment is overdue, it will be calculated based on the total unpaid house purchase price and with reference to the standards for calculating and charging overdue loan interest by financial institutions prescribed by the People's Bank of China. If the house is delivered for use after the due date, the rent for similar houses in the same location will be determined according to the rent standard announced by the relevant competent authorities or assessed by a qualified real estate appraisal agency during the period of overdue delivery of the house.
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