The men's rent for 5 years selling clothing, two years later, unauthorized contracting and being claimed by the landlord to claim 500,000 liquidated damages.

Mr. Wang in Zhongjiang, Sichuan, did a clothing business. At the end of 2018, he rented a 370 -square -meter shop selling clothing at the end of 2018. The period is 5 years and the annual rent is 250,000. Two years later, Mr. Wang no longer continued to do business and did not pay the rent in full on time, and sent the key to the landlord to Aunt Liu. Because Mr. Wang was unauthorized, Aunt Liu claimed to the court with a paper complaint and requested to lift the lease agreement. At the same time, Mr. Wang asked Mr. Wang to compensate for 500,000 liquidated damages.

On September 4th, the Red Star Journalist learned from the Mianyang Youxian District Court that Mr. Wang advocated that the liquidated damage was too high. The court believed that the liquidated damage was too high than the loss caused, and the amount of the amount of liquidated damages that Mr. Wang should bear was as appropriate. 100,000 yuan.

Men's 5 -year shop:

After two years of suspension, the rent was not paid and the landlord claimed 500,000 liquidated damages

Aunt Liu's home lives in Youxian District, Mianyang. In November 2018, Mr. Wang, Mr. Wang, and Mr. Wang, Zhongjiang County, Sichuan Province, signed a shop lease agreement to rent a 370 square meter of shops in the eastern section of Youxian District to Mr. Wang. Use, the lease period is 5 years.

The contract stipulates that the annual rent of the store is 250,000 yuan. At the same time, Mr. Wang needs to pay a deposit of 30,000 yuan. When the lease relationship is terminated, the housing facilities are not damaged and all the debt has been paid back. In terms of relevant responsibilities, the contract stipulates that no party shall default or unauthorize the contract during the lease period. If any party violates the agreement, it shall compensate the default of 500,000 yuan in amount.

After the contract was signed, Mr. Wang entered the market to decorate and soon started selling clothing. However, because of a mistake during the decoration, in December 2018, the two parties signed another supplementary agreement, which stipulated that because the installation billboard was broken, if Mr. Wang did not restore it, he did not restore his original state. Retire the 30,000 yuan deposit paid above.

At the end of December 2020, according to the contract, Mr. Wang needed to pay the rent for the next half of the year. After repeated urging, Aunt Liu received only 50,000 yuan. In March 2021, Mr. Wang's shop stopped opening.

The contract did not expire, and the rent was not paid. In order to ask for a statement, Aunt Liu claimed to the court with a paper complaint and requested the decision to lift the shop lease agreement signed at the beginning. At the same time, the liquidated damage was 500,000 yuan.

Court decision:

The liquidated damages are too high than the loss, and the defendant should bear 100,000 yuan as appropriate

Facing Aunt Liu's demand, Mr. Wang said that he had been negotiating with the other party after moving the shop, but Aunt Liu had leased the store to other people without any notice and expressed his willingness to continue to perform the contract.

In response to another lease of others, during the trial, Aunt Liu stated that in April 2021, she received a key to the rental house sent by the other party, so that the house was leased separately to others.

Youxian Court tried that the shop lease agreement between the plaintiff Liu and the defendant Mr. Wang was the true meaning of the parties to the parties, and did not violate the compulsory provisions of laws and regulations. It should be legal and effective and have legal effect on the parties. The contract between the two parties stipulated that the defendant Mr. Wang had paid the rent for the next half of the year before the rent was paid every six months. Therefore, Mr. Wang shall comply with the contract agreement to pay the half -year rent of 125,000 yuan before December 15, 2021, but only pays 50,000 yuan for the rent.

During the trial, the plaintiff stated that he received the key to the defendant's mail, and the defendant recognized the fact that he sent a key to the plaintiff. The behavior of his return to the key shows his willingness to terminate the contract. Although Mr. Wang proposed to terminate the contract as a breach of contract, in order to prevent the expansion of the loss, Aunt Liu also leased the house to others after receiving the key. The court found that the shop lease agreement between the original and the defendant was lifted at the end of March 2021. Then, the defendant should also pay the remaining part of the remaining part of the plaintiff from January to March 2021 (250,000 yuan ÷ 12 × 3 months-50,000 yuan), which is not supported.

About liquidated damages. According to relevant regulations, the defendant Mr. Wang was unauthorized during the lease period and violated the contract obligations agreed on the two parties. He shall pay a liquidated damage to the plaintiff, the plaintiff, the plaintiff. The lease contract period of the original and defendant was 5 years, and the annual rent was 250,000 yuan. The defendant unauthorized the contract in March 2021, which caused the plaintiff's rental losses. The contract agreed that the liquidated damages were 500,000 yuan. The defendant claimed that the liquidated damages were too high. The court believed that the liquidated damage was too much higher than the loss caused, and the amount of the defendant should bear the amount of liquidated damages was 100,000 yuan as appropriate.

In summary, the court finally ruled that the shop lease agreement signed by the plaintiff and the defendant Mr. Wang in November 2018 was canceled at the end of March 2021. Mr. Wang paid a rent of 12,500 yuan to Aunt Liu within ten days after the judgment took effect and 100,000 yuan in liquidated damages.

Zhang Li Hongxing Journalist Tang Xiaochang

Responsible editor Deng Yiguang Editor Xiao Ziqi

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