Legal information

Now that housing prices are so high, it’s not surprising that many young friends who work out of town rent a house. If you need to change the environment during work, you may change houses frequently. If you rent an old house, you may face demolition. What should you do if it encounters demolition during the lease period?
I hope the following content will be helpful to you. If the rental house is demolished, will the tenant get nothing?

According to relevant legal provisions, if the lessor really needs to take back the house early during the lease period, it must obtain the lessee's consent in advance. If it causes losses to the lessee, it must compensate the lessee. Therefore, when demolishing the leased house, the lessee can choose the following methods:
1. House expropriation and demolition are policy changes and force majeure.

The tenant can terminate the lease contract with the lessor and get back the undue rent.
2. The lessee can negotiate with the owner of the house and sign a new lease contract with the owner after the property is replaced by the owner. 3. You can apply for a house relocation subsidy from the demolisher. Generally, in the event of demolition, the lessee can negotiate with the owner to terminate the lease relationship and request the return of the remaining rent, or require the owner to continue to perform the lease contract after the house is demolished.

Beijing Yingtong Law Firm focuses on administrative litigation and rights protection cases for medium and large enterprises, and has boldly explored and summarized a number of unique methods for resolving government-enterprise disputes and administrative litigation cases. It has solved the problems of government-enterprise disputes for many medium-sized and large enterprises, successfully improved the benefits due to administrative counterparts in accordance with the law, and has won the trust of the majority of business owners.

If you choose to continue to perform the lease contract, the owner needs to choose the method of property rights exchange, and then the property rights exchanged house will still be rented by the original lessee. Of course, in order to avoid unnecessary disputes and complaints between the two parties after the leased house is demolished, it is recommended that both parties specify in the contract how to compensate after the demolition to protect the rights of both parties.

How to compensate for the demolition of rental houses?
1. For the demolition of rental houses, the compensation method depends on different situations. The demolition situations encountered during the rental process are different in each place, so the solutions are also different.
2. The lessor shall negotiate with the lessee to resolve the contract termination and resettlement issues. If an agreement cannot be reached, the property rights of the house shall be exchanged by the demolished person; if the demolished person reaches an agreement to resettle the lessee, the demolisher shall compensate the demolished person.

3. If you choose monetary compensation, the non-residential nature of the house has been taken into account in the compensation given to the demolished persons, so the losses caused by the suspension of production and business will no longer be paid;
4. If you choose house replacement, the loss of business suspension belongs to the actual operator. The specific standards for determining the cost of business closure losses vary from place to place, so you should refer to local regulations.

5. Depending on the type of dispute, the lessee may choose to resolve disputes over the lessee’s losses from production and business suspension and other disputes related to resettlement expenses through civil litigation or arbitration with the evicted persons.
6. There are other provisions for compensation for public housing tenants. According to Article 97 of the Contract Law of the People's Republic of China, "After the contract is terminated, if it has not been performed, the performance shall be terminated; if it has been performed, based on the performance and the nature of the contract, the party may request restoration to the original status, take other remedial measures, and have the right to demand compensation for losses.

The lessee has the right to demand compensation from the lessor for economic losses caused by early termination of the contract.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you still want to know how to handle a house demolition incident | What to do if a house is demolished | How to deal with a house after it is demolished | How to deal with it after a house is demolished | Who to contact if a house is demolished, you can consult a lawyer on this site for one-to-one online consultation.