During the rental process,
tenant should pay the rent in accordance with the lease contract . If
is not paid on time,
constitutes a breach of contract.
Recently, Taoyuan County Court accepted a
land lease contract dispute case.
not only did the tenant not pay the rent for 3 years,
actually occupied the leased house and refused to return it.
also spoke out...
case introduction
Mr. Luo wanted to do a late-night snack with his friend in Taoyuan county town. It just so happened that Mr. Lin had a piece of land to rent in the prime area of Taoyuan County town, and the two hit it off.
On April 17, 2016, Mr. Luo asked his ex-wife Ms. Tian to sign a "Land Lease Agreement" with Mr. Lin: Mr. Lin rents the house to Ms. Tian for one year, with a rent of 12,000 yuan per year. If the contract expires, Ms. Tian enjoys the right to renew the lease. During the period when the contract takes effect, if Mr. Lin needs to build a house in advance, he or she must notify Ms. Tian one month in advance. After the
contract was signed, the two parties had a good relationship in the first year, and Mr. Luo also chose to renew the lease. During this period, the land rent rose to 20,000 yuan per year. Mr. Luo also delivered the rental fees in 2017 and 2018 on time. Since May 1, 2019, Mr. Luo has no longer paid the rent for .
Mr. Lin hopes to recover the rent of 60,000 yuan from 2019 to 2021. He feels that Mr. Luo’s business has not changed much and he is able to bear the rent. So on January 14, 2022, Mr. Luo was asked to terminate the contract and pay the arrears by by verbally notifying , and demolish the iron shed before February 15, but Mr. Luo ignored it.
htmlFebruary 17-March 26, Mr. Lin sent text messages to notify Mr. Luo many times, but the stones were sank to the sea. With no choice but to issue an "ultimatum" to Ms. Tian, notified in writing that both parties terminated the lease contract.But Ms. Tian and Mr. Luo still ignored it. In desperation, Mr. Lin sued the two in court: requires the termination of the land lease contract between the two , demolish the iron shed on the land, restore the original state of the land, and pay the owed rent of 60,000 yuan.
Mr. Luo and Ms. Luo and Tian proposed: If Mr. Lin terminates the contract, then Mr. Lin should compensate him for the cost of building the iron shed of 280,000.
Court ruled
Court held that the Land Lease Agreement stipulated that the lease term was one year until the expiration of April 30, 2017. After that, Mr. Luo and others continued to use the leased land. Mr. Lin, as the lessor, did not raise any objection, and the original lease relationship continued to be valid.
, but from May 1, 2017, it should be deemed as to lease indefinitely. The parties may terminate the contract at any time, but shall notify the other party before a reasonable period. On January 14, 2022, Mr. Lin verbally notified Mr. Lin, requesting the termination of the lease contract and the payment of the arrears; from February 17 to March 26 of the same year, Mr. Lin notified Mr. Luo many times about the above matters; on April 30, 2022, Mr. Lin issued a written notice to Ms. Tian, claiming that the land lease contract between the two parties will be terminated on May 6, 2022, it can be determined that Mr. Lin had notified Mr. Luo and Ms. Tian before a reasonable period of time.
After receiving the above termination notice, neither Mr. Luo nor Ms. Tian requested to the People's Court or arbitration institution to confirm the validity of the termination act. The termination notice will take legal effect upon the termination notice. Therefore, the court confirmed that the "Land Lease Agreement" involved in the case was terminated on May 6, 2022.
Should Mr. Lin compensate him for the 280,000 yuan?
First, it is Ms. Tian and Mr. Luo who restored the leased land to its original state and delivered it to the lessor; secondly, the "Land Lease Agreement" between the two parties does not stipulate how to deal with temporary buildings or other facilities and equipment on the land when the lease agreement is terminated; again, the iron sheds involved in the case have not formed a connection with the leased land, and the lessees Ms. Tian and Mr. Luo can demolish them by themselves. Therefore, Mr. Luo’s claim has no factual or legal basis and is not supported.
Mr. Lin hopes to recover 60,000 yuan of rent, which is a reasonable claim, and the lessee shall pay the rent as agreed. Therefore, Mr. Lin’s request is supported.
In summary, Ms. Tian and Mr. Luo restored the leased land to its original state, returned it to Mr. Lin, and paid the land rent of 60,000 yuan.
Case Introduction
Civil Code Article 722 stipulates the legal consequences of the lessee's violation of the obligation to pay rent.
According to this provision, if the lessee fails to pay or delays in paying the rent without a legitimate reason, the lessor may request the lessee to pay within a reasonable period of time; if the lessee fails to pay within the time limit, the lessor may terminate the contract.
In this case, Mr. Luo did not pay the rent first, and Mr. Lin notified Mr. Luo many times through mobile phone text messages and sent a written notice to Ms. Tian. From a legal perspective, the hiatus notice of will be legally effective when it reaches Ms. Tian, and the agreement will terminate on the date stipulated by Mr. Lin.
As for Mr. Luo’s compensation for the cost of building the iron shed of 280,000 yuan, it is not stipulated in the contract, and the iron shed in question and the leased land have not formed a connection. Mr. Lin does not have a compensation obligation, so there is no need to compensate.
Reprinted from: Taoyuan County People's Court
Source: Shijiazhuang Legal Publicity
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