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The ill will that rent a settle or live in a strange place defaults hire, whethe
From;    Author:Stand originally

Case:

Landlord Mr L passed this city to one house property company reached the intent that rent with renting a settle or live in a strange place Mr M below between two parties introduction and sign the corresponding contract that rent. Bilateral agreement lease is 2 years; Terms of payment is Fu San detain one. The both sides after the contract that rent is signed performed 6 months normally, during Mr M also paid to Mr L two period hire, but later Mr M did not pay to Mr L on time the 3rd period hire, make not clearly also do not wish to continue bear the meaning that hire expresses. However abrupt between mail message the devoid, door that turn over a lock. After half month is being separated when Mr L cannot continue to await really, the requirement removes instantly contract, call in building. Is landlord of we should like to ask Mr L OK at this point with end an agreement of renting a settle or live in a strange place Mr M? Can you put in legal hazard? If not OK, what measure should that adopt?

Abundant of 21 centuries acute:

Mr M defaults the behavior of hire to attribute the action that breach of contract agrees apparently without warrant, also should undertake corresponding responsibility of breach of contract. But afore-mentioned behavior of Mr M are not maintained can simply to be Mr L immediateness to remove the statutory requirement of the contract.

General principles of our country contract law agrees the 94th times: "Have one of following state, party can remove contract: (one) because force majeure sends indispose to achieve contract goal; (2) before at the expiration of one's term of office of deadline for performance, party one party expresses clearly or show with oneself behavior nonperformance is main debt; (3) party one party fulfills main debt tardily, after be being accused via urging still did not fulfill inside reasonable time; (4) party one party fulfills debt to perhaps behavior of other beak a contract sends indispose to achieve contract goal tardily; (5) the other state that law rules. "According to afore-mentioned regulations, we see not hard, law set the exercise that defends the right of legal end an agreement that just enjoys about only have certain restriction; Namely according to this the 3rd section provision, defend just be in about after opposite Fang Yanchi honors the agreement, must undertake urging accusing all right first, and be only urging the " after accusing the premise lower part that still just did not perform relatively inside reasonable time " is tenable the right of the end an agreement such as this.

Landlord Mr L has authority to pass the following 3 kinds of channel remove contract, uphold oneself legal right: 1, if rent the agreement in the contract to have requirement of end an agreement and this condition accords with this case place to produce a situation; 2, the both sides that rent is reached with respect to item of end an agreement consistent, the agreement removes of the contract; 3, the course is written urge what the other side still did not fulfil contract obligation is in after accusing inside reasonable time.
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