Traditional Culture Encyclopedia - Almanac inquiry - Does not paying the key mean that you didn't refund the rent?
Does not paying the key mean that you didn't refund the rent?
Lease withdrawal process is:
1. The lease is coming. If you don't want to renew the lease, you will generally notify 30 days in advance15;
2. Settle the water and electricity charges with the landlord, and then hand over the house and withdraw the rent. The returned lease item shall conform to the state after use in accordance with the agreement or the nature of the lease item;
3. If the lease term has not reached the point of returning the lease, you can inform the landlord in advance. Early lease withdrawal is a breach of contract, and you need to bear the corresponding liability for breach of contract.
There are three ways to deal with disputes over lease or lease withdrawal:
1, mediation. It refers to a method and activity in which both parties to the lease reach a settlement and eliminate disputes through voluntary negotiation under the auspices of a third party.
2. arbitration. Arbitration is a quasi-judicial activity. Contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects may be arbitrated.
3. litigation. If some lease disputes are unwilling or unwilling to mediate, and no arbitration agreement has been reached, the parties may bring a lawsuit to the people's court according to law.
To sum up, failure to turn in the key and check out when the rent expires should be regarded as renewal. If the tenant does not want to rent again after the expiration, the tenant should inform the owner one month in advance so that the owner can rent again.
Legal basis:
Article 562 of the Civil Code of People's Republic of China (PRC)
The parties may terminate the contract if they reach an agreement through consultation.
The parties may agree on the reasons for one party to terminate the contract. When the cause of termination of the contract arises, the creditor may terminate the contract.
Article 563
In any of the following circumstances, the parties may terminate the contract:
(a) the purpose of the contract cannot be achieved due to force majeure;
(two) before the expiration of the time limit for performance, one of the parties clearly stated or indicated by his own behavior that he would not perform the main debt;
(three) one party delays the performance of the main debt, and fails to perform it within a reasonable period after being urged;
(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;
(5) Other circumstances stipulated by law.
For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.
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