How to compensate for Ziru’s termination of contract?

The first is to terminate the contract, but if Ziroom asks to terminate the contract, the landlord will have to pay compensation in the end. You have to pay for renovation costs, and you also have to pay rent to the tenants.

The second is rent reduction, with the rent reduction ratio reaching 20%. It was originally a low-priced lease for five years, and now it has to be reduced.

The house is still full.

Ziru used phone harassment, and then began to collect rent arrears, using shameless means to force the landlord to submit.

1. If Ziroom breaches the contract first, the owner does not need to bear the decoration fee

According to the contract, the decoration fee paid by Ziroom for renting out the house will not be required by the owner if the contract expires. bear the cost. At the same time, if the owner terminates the contract due to Ziroom's breach of contract or if Ziroom terminates the contract through breach of contract, the owner will not be required to bear the decoration costs.

The above specific situations are more likely to be as follows: 1. Ziroom failed to pay the rent in full for 15 days, resulting in the owner terminating the contract; 2. Ziroom failed to reduce the rent and unilaterally terminated the contract for breach of contract. Since Ziroom breached the contract first, the owner does not need to bear any compensation for renovation costs regardless of whether the owner terminates the contract or Ziroom terminates the contract.

2. If Ziroom breaches the contract first, the owner does not have to pay liquidated damages

According to the agreement,

If Ziroom fails to request a rent reduction, he can directly unilaterally If the contract is terminated, Ziroom will constitute a breach of contract and will be liable to the owner for breach of contract compensation. In this case, it is impossible for the owner to bear any form of liability for breach of contract. Whether it is decoration costs or liquidated damages to the tenant, it must be unilaterally borne by Ziroom. Therefore, the owner does not need to worry about any losses caused by free termination after refusing to agree to a price reduction.

3. If the owner does not agree to Ziroom’s rent reduction, there is no legal risk

No matter how many price reductions Ziroom proposes, no matter how much the price reduction is (whether it is 1,000 or 600), the owner only needs to disagree , then Ziru has no choice.

The agreement stipulates the monthly rent amount to be paid to the owner. If Ziroom wants to change it, both parties must reach an agreement through negotiation;

If they cannot reach an agreement on the change, the only way to maintain the agreed amount is constant.

If Ziroom unilaterally reduces the rent or terminates the contract, it will constitute a breach of contract. Ziroom needs to compensate the owner for two months' rent and other corresponding losses in accordance with Article 7.3 of the agreement.

If the owner voluntarily reduces the rent, it is legal in this case; but if Ziroom forces the owner to reduce the rent through harassment or coercion, even if the owner signs, the owner only needs to have evidence to prove his signature. If it is due to coercion, then the agreement to reduce the rent is invalid and illegal.

Although we are currently experiencing an epidemic, from the current point of view of the court, the epidemic does not certainly constitute force majeure and may not necessarily constitute a legal reason for contract rent reduction.

Of course, if such a dispute is brought to court, in addition to looking at the rent stipulated in the contract, the court will also consider whether the epidemic has led to a decrease in the rent collected by Ziroom (evidence is required), and if necessary Make appropriate adjustments if necessary. Under normal circumstances, the rent in a contract cannot be adjusted unless reached by consensus and based on the true intentions of both parties.

Legal basis:

"People's Republic of China and Civil Code"

Article 577: One party fails to perform its contractual obligations or performs its contractual obligations If it fails to comply with the agreement, it shall bear the liability for breach of contract such as continued performance, remedial measures or compensation for losses.

Article 708 The lessor shall deliver the leased property to the lessee in accordance with the agreement and keep the leased property consistent with the agreed use during the lease term.

Article 582 If the performance does not comply with the agreement, the parties shall bear liability for breach of contract in accordance with the agreement. If there is no agreement on the liability for breach of contract or the agreement is unclear, and it cannot be determined according to the provisions of Article 510 of this Law, the injured party may reasonably choose to request the other party to bear the responsibility for repair, rework, or replacement based on the nature of the subject matter and the magnitude of the loss. , returns, reduction of price or remuneration and other breach of contract liabilities.