Traditional Culture Encyclopedia - Hotel accommodation - What should tenants do if they default on rent during the epidemic?

What should tenants do if they default on rent during the epidemic?

To some extent, when the lessor and the landlord sign a house lease contract, both parties need to perform related matters in accordance with the contract, and the contents of the contract cannot be changed because of external conditions. Because your contract has expired, the lessor can choose to renew the lease contract with the landlord, regardless of the epidemic situation. If the lessor does not choose to renew the lease contract, the lessor needs to leave the relevant property before the end of the contract.

After you encounter this situation, you can choose to call the police directly. Because your rental contract has expired, it also means that the tenant has illegally occupied the house. In this case, you can directly ask the other party to leave the relevant property quickly. If the other party does not handle the house, it can seek the help of the police and ask the other party to bear the corresponding compensation expenses. After handling the alarm, if the other party still refuses to handle the real estate, you can try to collect materials about the contract and specific performance, and submit these materials to the court to apply for the other party's forced departure. Some tenants may stick to it for various reasons, and even say that they are so-called poor. But in any case, you need to perform the contract correctly, so you have every right to ask the tenant to leave immediately. In addition to the above two ways, you can further negotiate with the tenant about renting a house. The COVID-19 epidemic did affect the lives of many people, and some people lost their livelihood during the epidemic. In this case, if the other party's past performance experience is no problem, you can try to reduce the rent for the tenant or relax the housing restrictions. In this way, the tenant's housing problem can be solved, and you don't need to find another tenant.

This large-scale outbreak, as a sudden abnormal event, can not only be predicted by relevant parties, but also by experts with medical knowledge. Since its outbreak, although many patients have been discharged after treatment, the medical community has not yet determined the exact and effective treatment. Therefore, this epidemic should be regarded as an unforeseeable, inevitable and insurmountable objective existence, and its nature is a force majeure event stipulated by law. However, in practice, the determination of force majeure cannot be generalized, and the criteria for the exemption of force majeure caused by pneumonia should be strictly grasped. In other words, the pneumonia epidemic, as an objective situation of force majeure, must occur before the performance of the contract after its establishment. If one party has pneumonia before the conclusion of the contract or during the delay in the performance of the contract, it cannot be considered as force majeure.

Legal basis: Article 1 18 of the Civil Law stipulates: "If one party is unable to perform the contract due to force majeure, it shall notify the other party in time to reduce the possible losses to the other party, and shall provide proof within a reasonable time." This article stipulates the obligation of the debtor to notify the force majeure and provide evidence. Notifying the other party that the pneumonia epidemic constitutes a force majeure event (without informing the relevant situation and reasons) and providing evidence is the debtor's incidental obligation based on the principle of good faith, and the debtor must fulfill this obligation, otherwise it will bear corresponding responsibilities. Here, it is suggested that the operator or lessee collect and fix the factual evidence related to force majeure and relevant evidential materials that can prove that it has fulfilled its obligation to inform, so as to safeguard its legitimate rights and interests.