What to do if you cancel the lease contract?
In the process of renting a house, surrender is a common step, but how to handle the rental contract and avoid disputes is an issue that both tenants and landlords need to pay attention to. The following is a detailed guide on the handling of lease cancellation contracts, combined with the hot topics and hot content on the Internet in the past 10 days, to provide you with structured analysis and suggestions.
1. Core points of handling the lease withdrawal contract
The processing of a lease withdrawal contract involves many links. The following are the key steps and precautions:
| link | Things to note | Legal basis |
|---|---|---|
| advance notice | The tenant must notify the landlord in advance as stipulated in the contract (usually 1-3 months) | Article 703 of the Civil Code |
| House acceptance | Both parties jointly inspect the condition of the house to confirm damage or depreciation. | "House Lease Contract Sample Text" |
| Deposit refund | The landlord should return the deposit within a reasonable period of time after checking out (usually 7-15 days) | Article 710 of the Civil Code |
| Termination of contract | Both parties sign a written termination agreement to avoid subsequent disputes | Article 562 of the Civil Code |
2. Frequently asked questions and solutions for rent withdrawal
According to recent hot topics on the Internet, the following are the most common disputes about rent cancellation and how to deal with them:
| Question type | frequency of occurrence | solution |
|---|---|---|
| Deduction of deposit without reason | 35% | Ask the landlord to provide the basis for the deduction, negotiate or complain to the Consumers Association |
| Liquidated damages for early departure | 28% | Payment shall be made according to the contract, if there is no agreement, reduction or exemption can be negotiated |
| Differences in determination of house damage | 22% | Based on the home inspection record when moving in, apply for a third-party appraisal if necessary |
| Utility bill settlement disputes | 15% | Check meter readings together and keep payment vouchers |
3. Specific procedures for handling the lease withdrawal contract
1.advance notice stage: The tenant should notify the landlord in writing of his intention to vacate the lease and specify the date of cessation. If the contract does not stipulate a notice period, it is recommended to give at least one month's notice in advance.
2.House handover stage: Both parties should jointly inspect the house, focusing on: walls, floors, furniture, electrical appliances, sanitary conditions, etc. It is recommended to videotape the entire process to retain evidence.
3.Cost settlement stage: Including rent settlement (calculated based on the actual number of days of residence), property water and electricity bill settlement, deposit refund, etc. Be sure to ask your landlord for a breakdown of expenses.
4.contract termination stage: Sign the "Return of Rent Confirmation" or "Contract Termination Agreement" to make it clear that the two parties have no other disputes. Keep an original copy as proof.
4. Recent hot cases and legal warnings
1.Internet celebrity rental deposit refund dispute: A short video blogger had his entire deposit deducted because he did not clean the property thoroughly when he checked out. The court ruled that the landlord must provide proof of cleaning expenses and can only deduct actual losses.
2.Special rental return policy during the epidemic period: Many places have introduced regulations that tenants who are unable to return due to the epidemic can negotiate for a reduction or exemption of liquidated damages, but they need to provide supporting documents.
3.The second landlord ran away to defend his rights.: Many recent cases have shown that when signing a contract with a second landlord, you need to check the authorization letter from the original landlord, otherwise you may face difficulties in safeguarding your rights when you cancel the lease.
5. Professional advice and risk prevention
1.Complete check-in file: Including photos of the house, equipment list, water and electricity meter readings, etc. when signing the contract. It is recommended to notarize or deposit the certificate with a third party.
2.Clarify the terms of rent return: When signing a contract, you should pay attention to the terms in the contract regarding early termination, depreciation of items, cleaning standards, etc.
3.Legal rights protection channels: If a dispute occurs, it can be resolved through negotiation, neighborhood committee mediation, 12315 complaint, court litigation, etc.
4.Things to note about the new rental model: For new models such as long-term rental apartments and shared rentals, special attention must be paid to corporate capital chain risks, and capital supervision platforms should be given priority.
Through the above structured analysis and data display, we hope to help you properly handle the cancellation of the lease contract and protect your legitimate rights and interests. Standardization of the rental market is a trend, but at this stage, tenants still need to increase their legal awareness and take precautions against risks.
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