On May 16, 2022, the plaintiff Tong Chengyong (Party A) and the defendant Tan Ying Company (Party B) signed the "Decoration Construction Contract", agreeing that the defendant Tan Ying Company would decorate the xxxx room located in Dongyu Ginza, Yinzhou District, and the contract agreed that the construction period would be from May 16, 2022 to September 16, 2022, and the total cost of the project would be 65,000 yuan, which would be paid to 5,000 yuan after the contract was signed, and 40 yuan would be paid after the completion and acceptance of the steel frame project That is, 26,000 yuan, pay 30 that is, 19,500 yuan after the completion and acceptance of the masonry project, pay 28 that is, 18,200 yuan before the installation of the finished product, and pay 2 that is, 1,300 yuan after the completion of the project;Due to the defendant's reasons for the overdue completion, the defendant paid the plaintiff 01 Liquidated Damages. On the same day, the two parties also signed the "Housing Rental Entrustment Contract", stipulating that the above-mentioned house will be rented by the defendant Tan Ying Company, and the soft decoration cost of the house will be 19,800 yuan, which will be paid by the plaintiff Tong Chengyong, and the rental entrustment period will be from October 15, 2022 to October 14, 2025, and the plaintiff Tong Chengyong shall deliver the house to the defendant before October 14, 2022, and the plaintiff Tong Chengyong promises to give the defendant 30 days a year as a decoration and maintenance of the house. During this period, the plaintiff Tong Chengyong did not charge the defendant's rent, and the monthly rent of the house during the first year of the contract period was 3,300 yuan, and the defendant Tan Ying Company should pay the rent of 9,900 yuan from October 15, 2022 to January 14, 2023 on September 15, 2022, and the plaintiff Tong Chengyong had the right to unilaterally terminate the contract if the payment of the house rent was delayed for more than 15 working days, etc.
The court's judgment] 1. Confirm that the "Housing Rental Entrustment Contract" signed by the plaintiffs Tong Chengyong and Zhu Ningxia and the defendant Ningbo Tanying Commercial Management *** on May 16, 2022 will be terminated on August 17, 2023;
2. The defendant Ningbo Tanying Commercial Management *** shall pay the plaintiffs Tong Chengyong and Zhu Ningxia liquidated damages and rent losses of 16,000 yuan within 10 days from the effective date of this judgment;
3. Reject the other litigation claims of plaintiffs Tong Chengyong and Zhu Ningxia.
Lawyer's analysis] After the defendant Tan Ying Company entered the site for renovation, the project payment had been settled, and the defendant failed to complete the project within the promised time limit, which constituted a breach of contract, but based on the fact that the house had been rented out on May 1, 2023, it can be determined that the "Decoration Construction Contract" has been performed. The defendant Tan Ying Company deferred the payment of the house rent for more than 15 working days, and the plaintiff had the right to terminate the "Housing Rental Entrustment Contract" as agreed. If one of the parties claims to terminate the contract in accordance with the law, it shall notify the other party, and without notifying the other party, it shall directly claim the termination of the contract in accordance with the law by filing a lawsuit, and the contract shall be terminated when the copy of the complaint is served on the other party, so this court confirms that the "Housing Rental Entrustment Contract" will be terminated on August 17, 2023. After the contract is terminated, if it has not been performed, the performance shall be terminated;If it has already been performed, it may request restitution or other remedial measures according to the performance and the nature of the contract, and have the right to request compensation for losses. The plaintiff claimed liquidated damages and rent losses, and this court based on the plaintiff's actual losses, taking into account comprehensive factors such as the performance of the contract, the degree of fault of the parties, and the expected benefits, and weighed them according to the principles of fairness and good faith, and at its discretion supported the liquidated damages and rent losses totaling 16,000 yuan.