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How to compensate the landlord for selling a house before the lease expires?
1. If liquidated damages are stipulated in the lease contract, the liquidated damages shall be paid as agreed. 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;
2. 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;
3. If both parties have not agreed on liquidated damages, they can compensate the tenant according to the actual losses caused by the landlord's breach of contract.
The law stipulates that the lessor's liability for breach of contract includes:
1. If the house and its ancillary facilities are not delivered to the lessee for use as agreed, it shall pay liquidated damages; If losses are caused to the lessee, it shall also be responsible for compensation;
2. If the delivered house and its ancillary facilities do not meet the requirements of the contract, or the house is not maintained according to the provisions of the contract, which endangers the normal and safe use of the lessee, it shall be responsible for maintenance; The lessee has the right to demand payment of liquidated damages; If losses are caused to the lessee, it shall also be responsible for compensation;
3. When selling or subletting the house, if the lessee's preemptive right or preemptive right is not guaranteed according to law, it shall be responsible for compensating the losses.
People's Republic of China (PRC) Civil Code
Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by 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. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages. Article 591 After one party breaches the contract, the other party shall take appropriate measures to prevent the loss from expanding; If appropriate measures are not taken to expand the losses, no compensation may be requested for the expanded losses. The reasonable expenses incurred by the parties to prevent the loss from expanding shall be borne by the breaching party. Article 725 According to the lease contract, if the ownership of the lease item changes during the lessee's possession, the validity of the lease contract will not be affected. Article 726 Where the lessor sells the leased house, it shall notify the lessee within a reasonable period before the sale, and the lessee shall have the preemptive right under the same conditions; Except that the house is preempted by the owner or the lessor sells the house to a close relative. After the lessor performs the notification obligation, if the lessee fails to explicitly express the purchase within fifteen days, it shall be deemed that the lessee waives the preemptive right. Article 728 Where the lessor fails to notify the lessee or there are other circumstances that prevent the lessee from exercising the preemptive right, the lessee may request the lessor to bear the liability for compensation. But it does not affect the validity of the house sales contract concluded between the lessor and the third party.
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