The rental contract has not expired, and the landlord wants to close the house in advance. What can I ask the landlord for compensation?

You can ask the landlord to compensate for the direct losses and foreseeable losses caused by early repossession, including moving expenses, such as the loss of business premises including closure. Before the lease contract expired, the landlord took over the house in advance, which violated the provisions of the lease term in the contract. If there is a penalty in the lease contract, the landlord needs to pay the penalty.

Legal analysis

According to the relevant laws and regulations, the lessor and the lessee need to sign a lease contract according to law to protect the rights and obligations of both parties. Generally speaking, the lease term, lease fee, payment method and liquidated damages are agreed. During the term of the contract, the lessee pays the agreed rent regularly, so as to obtain the right to use the house and return the house to the lessor in good condition when the contract is terminated.

Generally, the breaching party will be required to bear the liability for breach of contract according to the actual situation of breach of contract. The amount of liquidated damages shall be paid according to the agreed proportion of liquidated damages. If there is no agreement, the actual loss caused shall be calculated as liquidated damages, and the deposit and excess room rate shall be returned. If there is no early repossession clause in the contract, you can negotiate with the landlord for compensation. If negotiation fails, a lawsuit may be brought to the people's court. If the agreement in the contract is too high or too low, and the agreed liquidated damages exceed the actual loss by 30%, it can be considered too high; If the agreed liquidated damages do not reach the actual loss amount, it can be considered as too low, and the other party may bring a lawsuit to the people's court and request to change the amount of liquidated damages.

legal ground

People's Republic of China (PRC) Civil Code

Article 703 A lease contract is a contract in which the lessor delivers the lease item to the lessee for use and profit, and the lessee pays the rent.

Article 704 The contents of a lease contract generally include terms such as the name, quantity, purpose, lease term, rent, payment term and method, and maintenance of the lease item.

Article 585 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * The parties may agree that if one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party, or they may agree on the calculation method of damages for breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.