Legal information

In real life, many people choose to rent a house and live in other places to work. Tenants usually can check out after reaching the agreed lease period. However, when working outside, it is inevitable that they will leave after renting for a period of time. So, can the lessee check out in advance? Many people are paying close attention to this issue. Let’s take a look at it with the editor of Yingting Law Firm.

Can the tenant cancel the lease early? The lessee may return the rent in advance, but shall bear the corresponding liability for breach of contract according to the contract between the parties. In addition, when the lessee and the lessor reach an agreement or the leased property is harmful to health, the lessee may return the rent in advance without paying compensation but does not comply with the agreement or terminate the property legally.

Yingting Law Firm specializes in legal matters such as administrative litigation and criminal litigation related to land acquisition and demolition. It has rich experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.

Under a lease contract, early withdrawal is a breach of contract, and the liability for breach of contract shall be borne in accordance with the provisions of the house lease contract. The general form of liability for breach of contract is the payment of liquidated damages. Legal basis: "Civil Code of the People's Republic of China":
Article 724 [The lessee may terminate the contract if the lessee constitutes a fundamental breach of contract] Under any of the following circumstances, the lessee may terminate the contract if the leased property cannot be used due to reasons other than those of the lessee:

(1) The leased property is sealed or detained by judicial or administrative agencies in accordance with the law;
(2) There is a dispute over the ownership of the leased property;
(3) The leased property violates the mandatory provisions of laws and administrative regulations on conditions of use
Article 729 If the purpose of the contract cannot be achieved due to partial or total damage or loss of the leased property, the lessee may terminate the contract.

Article 730 If the parties have not agreed on the lease term or the agreement is unclear, and it cannot be determined according to the provisions of Article 510 of this Law, it shall be deemed as a non-term lease; the parties may terminate the contract at any time, but shall notify the other party before a reasonable period of time. Article 731
If the leased property endangers the lessee's safety or health, even if the lessee knows that the leased property is of substandard quality when entering into the contract, the lessee may still terminate the contract at any time.

Article 577 If one party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Article 578
If one party expressly states or shows by its own behavior that it will not perform its contractual obligations, the other party may request it to bear liability for breach of contract before the expiration of the performance period.

The above is an explanation of the question of whether the lessee can return the lease early. Although it is possible, he may be liable for breach of contract. If you still have relevant questions that you need to know, you can consult online and leave a message. Professional lawyers from Yingting will answer your questions online.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.