How to calculate liquidated damages for renting and moving out? Analysis of the latest hot spots on the entire network
Recently, the issue of liquidated damages for renting and checking out has become a hot topic on social platforms and legal consultations. Many tenants face high liquidated damages due to early termination or contract disputes, triggering widespread discussion. This article combines the hot content on the Internet in the past 10 days to sort out the legal basis, calculation method and dispute cases of liquidated damages for renting and checking out, to help tenants and landlords reasonably safeguard their rights and interests.
1. Legal basis for liquidated damages
According to Articles 703 and 711 of the Civil Code of the People's Republic of China, both parties to a lease contract may agree on a liquidated damages clause, but it must comply with the principle of fairness. If the liquidated damages are too high (usually more than 30% of the actual loss), the court or arbitration institution has the right to adjust it.
| Legal terms | Content summary |
|---|---|
| Article 703 of the Civil Code | A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays rent. |
| Article 585 of the Civil Code | If the liquidated damages agreement is too high or too low, you can request the court or arbitration institution to adjust it. |
2. Common calculation methods for liquidated damages
Liquidated damages for renting a house are usually calculated in the following ways, and the details are subject to the contract:
| Calculation method | Applicable scenarios | Example |
|---|---|---|
| fixed amount | The contract clearly stipulates a fixed penalty (such as 1 month’s rent) | Monthly rent is 5,000 yuan, liquidated damages are 5,000 yuan |
| Proportional calculation | According to a certain proportion of the remaining lease term rent (such as 20%) | The remaining rent is 20,000 yuan, and the liquidated damages are 4,000 yuan. |
| actual damages | The landlord needs to prove the losses during the vacancy period, agency fees, etc. | The landlord proved that he had been vacant for one month and suffered a loss of 5,000 yuan. |
3. Recent hot controversial cases
1.Dispute over "deposit as liquidated damages": A tenant in Hangzhou quit the lease early, and the landlord demanded that the deposit be non-refundable and an additional month's rent be paid. The court ruled that the deposit had covered the actual losses and no additional claims were supported.
2.Disputes over high liquidated damages: A Beijing landlord's contract stipulated that liquidated damages were three months' rent. After the tenant complained to the Consumers Association, the contract was negotiated to reduce it to one month.
4. How to avoid disputes over liquidated damages?
1.Read the contract carefully: Before signing the contract, confirm whether the liquidated damages clause is reasonable and avoid vague statements.
2.Negotiate supplementary agreement: If you need to cancel the lease early, you can negotiate with the landlord to pay in installments or reduce the rent.
3.Keep evidence: Take photos to record the handover status of the house and save communication records.
5. Summary
Liquidated damages for renting are subject to equitable principles, and both tenants and landlords should understand the legal terms. If you encounter unreasonable claims, you can protect your rights through 12315 or judicial channels. Recently, housing and construction departments in many places have begun to standardize rental contract templates, and related disputes are expected to decrease in the future.
(The full text is about 850 words, data as of October 2023)
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