How much is the penalty for the hotel to check out early?

(1) Look at the contract. When signing a contract, both parties will violate some breach clauses. If the tenant checks out early, it is a breach of contract, depending on whether there is an agreement in the contract. If there is an agreement in the contract, the contract shall prevail. If there is no agreement in the contract, the problem of liquidated damages can be solved through negotiation between both parties. Generally speaking, it is equivalent to one month's rent. When renting a house, we usually pay a one-month deposit. Moreover, there is a deposit clause in the lease contract, and the deposit is one month's rent, which means that it is a breach of contract to withdraw the rent in advance, and the deposit will not be refunded. This is stipulated in the Civil Code. (3) Solve problems through mutual consultation. If the liquidated damages demanded by the landlord are too high, we can negotiate with each other. Because the amount of liquidated damages exceeds 30% of the total contract amount. Article 729 of the Civil Code If the legal consequences of damage or loss of the leased property are caused by reasons not attributable to the lessee, the lessee may request rent reduction or not to pay the rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the lease item, the lessee may terminate the contract. If one party in the house lease contract returns the house in advance, it will not only be unable to return the rent, but also bear certain liquidated damages or economic losses caused by returning the house in advance. The liquidated damages in the lease contract shall be negotiated by both parties, but shall not exceed 30% of the contract target. , can be independent, not necessarily independent. Article 470 of the Civil Code of People's Republic of China (PRC), the main clauses of a contract and the contents of a model contract text shall be agreed by the parties, which generally include the following clauses: (1) the name and domicile of the parties; (2) Subject matter; (3) quantity; (4) quality; (5) Price or remuneration; (6) Time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods for resolving disputes. The parties may conclude a contract by referring to the model texts of various contracts. Among them, the liability for breach of contract is not necessary, so the liability for breach of contract clause can be independent of the contract. Agreed liquidated damages are the product of the autonomy of the parties. Whether the parties agree on liquidated damages, whether they agree on the specific amount of liquidated damages or the calculation method of liquidated damages is not prohibited in principle. However, in order to stabilize social order and prevent financial risks, liquidated damages should be limited by the principles of fairness and good faith. Therefore, when determining the liquidated damages, we should not only weigh the agreement of both parties on liquidated damages to reflect the nature of punishment, but also comprehensively consider the losses caused by breach of contract to show the compensation function. Therefore, it is generally believed that China's liquidated damages have both compensatory and punitive attributes, with compensatory reflecting the basic function of liquidated damages and punitive reflecting the special function of liquidated damages. Because the agreed liquidated damages have dual functions, when determining the agreed amount in a specific case, it should be handled in strict accordance with the provisions of Article 585 of the Civil Code, that is, the liquidated damages agreed by the parties are lower than the losses caused, and the parties may request the people's court or an arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately. In view of what is "excessive", 30% is the critical point, that is, the agreed liquidated damages shall not exceed 30% of the losses caused. Because the Supreme Court has set the upper limit of liquidated damages, in judicial practice, when the observant party claims the liability for breach of contract, the defaulting party usually argues that the liquidated damages agreed by both parties are too high, and hopes that the court or arbitration institution will make adjustments. However, due to different types of cases, and the loss caused by breach of contract is not intuitive, it can not be evaluated in most cases, so there are different understandings and practices in determining liquidated damages.

Legal objectivity:

People's Republic of China (PRC) Civil Code

Article 584

If one party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the agreement, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract;

However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.

People's Republic of China (PRC) Civil Code

Article 585

The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties;

If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.