1. Overview of the case:
Company A signed a lease contract with Luo for the XXA commercial plaza, and Company A leased shop No. A064 to Luo for the operation of the dance hall, and the agreed lease period was from April 1, 2016 to March 31, 2021, and the contract stipulated that the annual commercial property management fee and rent would be 120,000 yuan, and a late fee would be charged at one thousandth of a day after the deadline. Since April 1, 2020, Luo failed to pay the property management fees and rent in full on time, and Company A failed to urge payment many times, so he sued the court.
2. The verdict of this case:
The defendant Luo paid the plaintiff Company A a total of 33,524 yuan in rent and commercial property management fees from April 1, 2020 to March 31, 2021, and bore late fees.
3. In this case, the crux of the case is as follows:
1.707 provided by LuoWhether the $11 bill is the commercial property management fee and rent involved in the case;
2.Whether the management fees and rents of the commercial properties involved in the case should be reduced or exempted due to the epidemic factors, and if so, how much;
3.Luo argued whether the losses during the power outage should be borne by Company A.
4. Lawyer's analysis and views:
The "Lease Contract" signed between Company A and Luo has stipulated that "if Luo delays the payment of rent or other payable fees under this contract for more than 15 days, and Luo still does not pay after a written reminder from Company A, Company A may suspend part or all of the energy** and related services for the house until Luo fulfills the relevant payment obligations", and Company A sent a power outage notice letter to Luo, which is the act of Company A calling for Luo's timely payment of commercial property management fees and rentsThe "Lease Contract" signed by Company A and Luo is the true expression of the intention of both parties, which does not violate the provisions of laws and regulations, and should be recognized as legal and valid. The parties shall fully perform their obligations in accordance with the agreement. After carefully inquiring about the specific circumstances and process of the dispute between Company A and Luo's housing lease contract, the lawyer cross-examined and debated the whole process and the relevant evidence provided by the parties from a legal perspective and logic, and successfully confirmed that Luo's failure to pay the remaining commercial property management fees and rents in full according to the agreement was obviously a breach of contract, and he should bear the liability for breach of contract for continuing to perform and compensate for losses.
5. Lawyer's Tips:
If you encounter a lease contract dispute, you need to pay special attention to:
1.The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance and confidentiality in accordance with the nature and purpose of the contract and transaction Xi. Article 107:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses;
2.If the contract cannot be performed due to force majeure, the liability shall be partially or fully exempted according to the impact of force majeure, unless otherwise provided by law. If force majeure occurs after the parties delay performance, they cannot be exempted from liability.