How the landlord terminates the contract: legal basis and operational guide
Recently, disputes over housing rental contracts have become a hot topic. Especially in the post-epidemic economic recovery stage, the issue of contract termination between landlords and tenants has attracted much attention. This article will provide landlords with detailed guidance on how to terminate the contract from three aspects: legal basis, operational procedures, and precautions.
1. Legal basis
According to the Civil Code of the People's Republic of China and relevant judicial interpretations, the landlord may legally terminate the contract under the following circumstances:
| Lift the situation | Legal terms | Evidence requirements |
|---|---|---|
| Tenant defaults on rent beyond the agreed period | Article 722 of the Civil Code | Collection records and rent payment vouchers are required. |
| Tenant sublettes/modifies the property without authorization | Article 716 of the Civil Code | Sublease agreement or evidence of current condition of the property required |
| Landlord occupancy or house reconstruction needs | Article 730 of the Civil Code | Requires 30 days’ written notice and compensation to the tenant |
2. Operation process
1.Send written notice: Mail the "Notice of Termination of Contract" via EMS and keep the delivery certificate and receipt.
2.Negotiate to terminate: If the tenant agrees, sign the "Rescission Agreement" and clarify the following terms:
| Terms and Conditions | Things to note |
|---|---|
| Deposit amount refunded | The amount needs to be clarified after deducting the outstanding fees. |
| House handover time | It is recommended to return the key on the spot after agreeing to accept it. |
| Liability for breach of contract | Clarify the calculation method of liquidated damages |
3.Litigation avenue: If the negotiation fails, you can file a lawsuit in court. The following materials need to be prepared:
3. Hot Case Reference (September 2023)
| area | Case focus | Judgment |
|---|---|---|
| Chaoyang District, Beijing | Tenant is 6 months behind on rent | Supports the termination of the contract and the tenant must pay back the rent. |
| Shanghai Pudong New Area | Landlord terminates contract due to sale of house | Need to compensate the tenant for 3 months’ rent |
4. Risk warning
1.Consequences of illegal termination of contract: Changing locks or cutting off water and electricity without authorization may face public security penalties, which must be resolved through legal procedures.
2.Evidence retention: It is recommended to use a third-party certificate storage platform to save communication records, and WeChat chat records must be completely screenshotted.
3.Special case handling: If the tenant loses contact, you can apply for a notarized deposit after being witnessed by the neighborhood committee.
At present, the housing and construction departments in various places are strengthening the supervision of the rental market. It is recommended that landlords consult professional lawyers before terminating the contract to ensure that the procedures are legal. Recently, rental contract filing systems have been launched in Guangzhou, Hangzhou and other places, and electronic operations will become a trend in the future.
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