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Lawyer Jin Shuangquan

Jin Shuangquan, a real estate lawyer, Vice President of China Real Estate Marketing Association, and a specially invited lecturer of Shuifeng.com, has worked in Beijing Dongwei Law Firm since 2005. In 2008, Anju Real Estate Lawyer Network was founded, and has been engaged in teaching research and litigation practice related to real estate law. He has handled a large number of difficult and complex cases, and has profound theoretical foundation and rich practical experience in the real estate field and extended marriage, inheritance, demolition and other real estate related fields. The main types of cases handled include: 1. The purchase of affordable housing, two limited housing, housing reform housing and commercial housing is involved in the act of borrowing a name.

thirteen billion four hundred and twenty-six million thirty-seven thousand one hundred and forty-nine

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During the lease period, the landlord wants to terminate the lease contract, does not want to pay liquidated damages as agreed in the contract, and takes the way of blocking the door. What should we do in this case?

pub****889 Beijing Chaoyang District Housing lease consultation 2024.04.07 15:44:27 451 people read

Hello, the landlord wants to terminate the lease Lease contract , do not want to pay according to the contract Liquidated damages If the door is blocked, what should we do?

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sixteen billion seven hundred and eighty-six million six hundred and sixty-seven thousand seven hundred and seventy-one (Please refer to the self-discipline chart)
Region: Beijing Chaoyang District Answers: 8

If it affects daily life, you can call the police in advance, and the liquidated damages may need to be settled through litigation procedures.

Reply at 15:58:48 on April 7, 2024
Consult me
eighteen billion six hundred and ten million one hundred and seventy-two thousand three hundred and twelve (Please refer to the self-discipline chart)
Region: Beijing Chaoyang District Consultation answer: 10990

Hello, you can call the police and protect your legitimate rights and interests through litigation

2024-04-07 16:06:00 Reply
Consult me
thirteen billion eight hundred and ten million five hundred and six thousand two hundred and ninety-seven (Please refer to the self-discipline chart)
Region: Beijing Chaoyang District Answers: 898

Hello, in this case, it is recommended that you file a lawsuit directly

2024-04-07 16:00:39 Reply
Consult me
thirteen billion six hundred and one million three hundred and fifty-four thousand five hundred and sixty-eight (Please refer to the self-discipline chart)
Region: Beijing Chaoyang District Consultation answer: 111

Call the police to solve the problem of obstructing the normal rental rights, and sue the landlord as soon as possible

Reply at 15:58:39 on April 7, 2024
Consult me
eighteen billion five hundred and eleven million two hundred and eighty-nine thousand one hundred and thirty-seven (Please refer to the self-discipline chart)
Region: Beijing Chaoyang District Consultation answer: 177

Alarm first, protect the contract and sue the other party after ensuring personal safety

2024-04-07 15:58:17 Reply
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eighteen billion eight hundred and ten million eight hundred and sixty-seven thousand seven hundred and fifty-nine (Please refer to the self-discipline chart)
Region: Beijing Dongcheng District Answers: 616

Hello, you can call the police first, leave the evidence, and then you can sue.

Reply at 15:57:40 on April 7, 2024
Region: Beijing Chaoyang District Consultation answer: 13231

Litigation and evidence retention

Reply at 15:57:10 on April 7, 2024
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thirteen billion nine hundred and eleven million six hundred and sixty-two thousand four hundred and twenty-eight (Please refer to the self-discipline chart)
Region: Beijing Dongcheng District Answers: 4852

Please introduce the situation in detail or call for consultation to obtain better consultation effect.

Reply at 15:51:42 on April 7, 2024
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1. The so-called early termination of the contract refers to the termination of the performance of the contract due to the failure of the parties to complete their obligations under the contract for some reasons. Generally, neither the lessor nor the lessee can terminate the contract at will. However, under certain conditions, both parties can terminate the contract in advance.
2. As the lessee, the company can also terminate the contract in advance under the following circumstances, and gradually notify and negotiate with the lessor: the leased house is seriously damaged or even in danger of toppling, and the lessor refuses to repair it; The lessee has built or purchased his own house during the lease period, and does not need to rent another house; The work unit of the lessee is moved from the city or the new work unit is far away from the leased house, and the transportation is inconvenient, so it is necessary to re lease the house.
3. Note: When the lessee proposes to terminate the lease contract due to the first reason, it does not need to give compensation to the lessor. If the lessee needs to terminate the contract due to the last two reasons, it should give appropriate compensation to the lessor. Therefore, the company can terminate the lease contract in advance as long as it has reasonable reasons, notifies the lessor in advance, and pays liquidated damages as agreed in the contract.

1、 Is it a breach of contract to terminate the lease contract in advance? For the lessor and lessee, as long as the lease contract is terminated in the following circumstances, it is not a breach of contract: (legal advice)
(1) The house lessor may terminate the lease contract and take back all or part of the leased house under the following conditions.
1. When the lease agreement expires, the lessor of the house will take back the leased house according to the agreement;   
2. If the lessor's family population increases and the housing is difficult, the lessor can negotiate with the lessee to take back the leased house;   
3. The lessee does have another house, and the leased house has been idle for a long time and cannot make the best use of everything; (Free legal consultation)
4. The lessee intentionally or negligently damages the leased house, changes the use of the house, refuses to repair or compensate.   
(2) For the lessee, during the lease period of the house, if the following circumstances exist, the contract can be unilaterally terminated.   
1. The lessor fails to deliver the house on time and fails to deliver it within a reasonable time after being urged by the lessee; (Lawyer consultation)
2. The house delivered by the lessor does not conform to the provisions of the house lease contract, which makes the lessee unable to realize the purpose of the house lease;   
3. The house delivered by the lessor has defects that endanger the safety or health of the lessee;   
4. The lessor fails to perform the inspection and maintenance obligations, thereby endangering the safety or health of the lessee. First of all, the deposit is not a penalty and cannot be directly deducted if the contract is terminated in advance. In the housing lease contract, the problem that the landlord collects a few months' rent as a deposit in advance after signing the contract is generally involved. If there is any dispute between the two parties, especially if the lessee terminates the contract in advance, the lessor will often withhold the deposit as a penalty. In fact, the deposit is not a penalty for early termination. The deposit is set to ensure that the damage caused to the leased property by the lessee in the use process can be compensated. Therefore, no matter whether the lease relationship is terminated normally or one party terminates the lease contract in advance, as long as the lease item is not damaged, the deposit should be returned. Unless both parties expressly agree in the lease contract, if one party breaches the contract and terminates the contract, the agreed amount of liquidated damages shall be determined based on the deposit.   
(1) If the lessee wants to terminate the lease contract in advance, it should bear 3 months' rent as liquidated damages. However, if the lessee can find a new lessee for the lessor on conditions no lower than those of the original lease contract when terminating the contract, the lessee will not bear the above liability for breach of contract.   
(2) If the lessor wants to terminate the lease contract in advance, it should bear three months' rent as liquidated damages. However, if the lessor can find another house with the same rent standard as the original leased house for the lessee in the community where the leased house is located at the time of termination of the contract, in addition to the necessary relocation costs, the lessor can not bear the liability for breach of contract.


1. The so-called early termination of the contract refers to the termination of the performance of the contract due to the failure of the parties to complete their obligations under the contract for some reasons. Generally, neither the lessor nor the lessee can terminate the contract at will. However, under certain conditions, both parties can terminate the contract in advance.
2. As the lessee, the company can also terminate the contract in advance under the following circumstances, and gradually notify and negotiate with the lessor: the leased house is seriously damaged or even in danger of toppling, and the lessor refuses to repair it; The lessee has built or purchased his own house during the lease period, and does not need to rent another house; The work unit of the lessee is moved from the city or the new work unit is far away from the leased house, and the transportation is inconvenient, so it is necessary to re lease the house.
3. Note: When the lessee proposes to terminate the lease contract due to the first reason, it does not need to give compensation to the lessor. If the lessee needs to terminate the contract due to the last two reasons, it should give appropriate compensation to the lessor. Therefore, the company can terminate the lease contract in advance as long as it has reasonable reasons, notifies the lessor in advance, and pays liquidated damages as agreed in the contract.

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