How to compensate the landlord for breach of contract
In recent years, with the rapid development of the rental market, disputes between landlords and tenants have also increased. Among them, landlord default problems are particularly common, involving early repossession of houses, unauthorized rent increases, refusal to repair, etc. This article will analyze the landlord’s compensation standard for breach of contract from a legal perspective, and combine it with the hot topics on the Internet in the past 10 days to provide tenants with a reference for rights protection.
1. Common situations in which landlords breach the contract
According to the relevant provisions of the Civil Code and Contract Law, landlord breach of contract mainly includes the following situations:
| breach of contract | Specific performance |
|---|---|
| Repossession of house early | Failure to terminate the lease relationship early as stipulated in the contract |
| Increase rent without authorization | Unilateral increase in rent during the contract period |
| Refusal to repair | Failure to perform building maintenance obligations affects the tenant’s normal use |
| Agreed facilities not provided | The furniture and equipment specified in the contract are not equipped or damaged |
2. Compensation standard for landlord’s breach of contract
According to legal provisions, landlords who breach the contract are liable for the following compensation:
| breach of contract | Compensation standard |
|---|---|
| Repossession of house early | Compensate the tenant for 1-3 months’ rent, or actual losses (such as moving expenses, temporary accommodation expenses, etc.) |
| Increase rent without authorization | The rent exceeding the contract must be returned and liquidated damages must be paid (usually 20%-50% of the monthly rent) |
| Refusal to repair | The tenant can make repairs by himself and deduct the rent, or ask the landlord to bear the cost of repairs. |
| Agreed facilities not provided | Compensation will be calculated based on market price, or the corresponding rent will be reduced |
3. How do tenants protect their rights?
1.preserve evidence: Including lease contracts, chat records, photos, videos, etc. to prove the fact that the landlord has breached the contract.
2.Resolve through negotiation: Prioritize communication with the landlord to clarify compensation requirements.
3.Complaint and report: Complain to the local housing and construction department, consumer association or 12345 hotline.
4.legal action: If the negotiation fails, you can file a lawsuit in court and ask the landlord to bear liability for breach of contract.
4. Recent hot cases
In the past 10 days, landlord defaults have been exposed in many places, triggering heated discussions among netizens:
| event | Processing results |
|---|---|
| Beijing landlord refuses to compensate for taking over house in advance | The court ordered the tenant to compensate the tenant for 2 months’ rent + moving expenses |
| Shanghai landlord raises rent by 50% without permission | Regulatory authorities ordered refund of overcharged rent and fines |
| Guangzhou landlord refuses to repair leak | Repairs made by the tenant are deducted from the rent |
5. Summary
When the landlord breaches the contract, the tenant should respond calmly and safeguard their rights in accordance with the law. The standard of compensation varies depending on the circumstances of the breach, but the core principle is to compensate the tenant for its actual losses. It is recommended to clarify the liability for breach of contract when signing the lease contract to avoid subsequent disputes. If you encounter a dispute, seek legal help in a timely manner to safeguard your legitimate rights and interests.
(Note: The data in this article refer to the Civil Code, local court cases and recent social hot events.)
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