Hotel lease agreement during the epidemic

Legal analysis: the current epidemic situation or epidemic prevention and control measures are force majeure for the parties who cannot perform the contract. However, in the specific lease situation, the application of force majeure should be comprehensively judged according to the outbreak time of force majeure, prevention and control measures, the specific degree of contract performance being affected, causality, whether the parties fulfill the notification obligation in time and other factors.

As far as the lessor is concerned, it is generally not appropriate to assume that the lessor has not fulfilled the obligation to deliver the leased house due to force majeure when the epidemic situation and prevention and control measures do not affect the delivery and agreed use of the house. For the lessee, the impact of production and operation does not directly constitute an irresistible and insurmountable reason for the obligation to pay rent, and it is generally not appropriate to consider it as force majeure. However, due to the epidemic situation, prevention and control measures and other reasons, the leased house did not reach the agreed purpose, which directly affected the obligation of rent delivery, resulting in objective failure to perform, and so on, which can be considered as force majeure.

Legal basis: Article 590 of the Civil Code of People's Republic of China (PRC). If the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. If the contract cannot be performed due to force majeure, the other party shall be informed in time to reduce the possible losses to the other party and provide proof within a reasonable time.