1. Overview of the case:
On April 13, 2021, Mr. Song signed the "Shop Leasing and Admission Operation Agreement" with Company A, stipulating that Company A would lease the "shop" of Company XX located on XX Road, Huai'an City to Mr. Song for operation and use, and the lease period would be from April 26, 2021 to December 31, 2023, with a rent-free period of 1 month. The agreement stipulates that Company A will open on April 26, 2021, and the rent will be 4. per square meter per month5 yuan calculation, the market service fee is calculated according to 1 yuan per square meter per month, and the total performance bond is 270,000 yuan, Company A shall provide Song with a business site at the agreed time. After the contract was signed, Song prepaid the rent and performance bond in accordance with Song's requirements. However, as of the date of the lawsuit, Company A still had not delivered the leased shops and water and electricity cards to Song, and the shopping mall had not yet opened, and after Song's repeated urgings, Company A still did not give an accurate opening and delivery time, and Song notified Company A on July 15, 2021 that the lease contract between the two parties had been terminated, and Company A received the termination notice the next day. Mr. Song believed that Company A failed to deliver the shop to Mr. Song at the time agreed in the lease contract, nor did it open the business at the agreed opening time, and the purpose of the lease contract between the two parties could not be realized, and Mr. Song had notified him to terminate the lease contract in accordance with the law, and Company A should return Mr. Song's rent and performance bond. Therefore, Song sued the court.
2. The verdict of this case:
It is confirmed that the five "XX Shop Lease and Admission Operation Agreements" signed by the plaintiff Song and the defendant Company A were terminated on July 16, 2021;The defendant company A returned the rent of 62,870 to the plaintiff Song96 yuan, performance bond 27,000 yuan, a total of 89,87096 yuan.
3. In this case, the crux of the case is as follows:
1.Whether Song has the right to terminate the lease agreement signed by both parties;
2.Whether Company A has breached the contract.
4. Lawyer's analysis and views:
To this day, Company A has not delivered the house involved in the case to Song, nor has it issued a notice to Song to explain the reason for the delay in delivering the house, which shows that Company A has no sincerity in performing the contract, so Song issued a notice on July 15, 2021 to terminate the contract, and Company A received the notice the next day, and the contract between the two parties was terminated on July 16, 2021. After carefully inquiring about the specific circumstances and process of the dispute between Song and Company A over the housing lease contract, the lawyer debated and debated the entire process and the relevant evidence provided by the parties from a legal perspective and logic, and successfully determined that Company A's failure to deliver the shop involved in the case so far constituted a fundamental breach of contract, and Song had the right to terminate the contract.
5. Lawyer's Tips:
If you encounter a lease contract dispute, you need to pay special attention to:
1.After the contract is terminated, if it has not been performed, the performance shall be terminated;If it has already been performed, the parties may request restitution or other remedial measures according to the performance and the nature of the contract, and have the right to claim compensation for losses;
2.A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent. The lessor shall deliver the leased property to the lessee in accordance with the agreement, and keep the leased property in accordance with the agreed purpose during the lease term.