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Shanghai rent reduction and exemption policy
The rent of enterprises and individual industrial and commercial households renting municipal and below state-owned operating houses can be reduced for one month; For renting other business premises, private owners are encouraged to reduce rent for tenants, but there is no mandatory requirement.
First, the national rent reduction policy during the epidemic; Rent reduction and exemption during the epidemic period is not stipulated by national policies, but a local policy promulgated by provinces, municipalities and autonomous regions to encourage lessors to reduce or exempt operators' rents according to local specific conditions. Take Guangdong Province as an example: First, private leasing enterprises with state-owned assets can waive the first month's rent and charge the second and third months' rent by half. Second, encourage other property owners to appropriately reduce or exempt rents according to the actual situation.
2. Is it illegal not to reduce rent during the epidemic? It is not illegal not to reduce rent during the epidemic. This behavior is caused by force majeure, and the relevant situation can be handled by both parties through consultation, and the rent can be reasonably reduced or exempted. The epidemic itself is difficult for the parties to reasonably foresee and avoid, but not all situations can constitute force majeure. When the parties can't overcome the epidemic and cause obstacles to the performance of the lease contract, it should be considered as a force majeure event in the legal sense.
3. Can the rent of shops be exempted during the epidemic? Rent reduction or termination can be negotiated. Affected by the epidemic, some tenants, especially migrant workers, can't return to their workplaces to use the rented houses normally, and tenants can request partial rent reduction according to the relevant contract terms of "force majeure"; If the lessee or lessor thinks that the loss of continuing to perform the lease contract is too great and requests to terminate the lease contract in advance, both parties may choose to terminate the performance of the lease contract by paying liquidated damages to the other party according to the specific circumstances.
legal ground
Notice on Several Policies of Strictly Preventing and Controlling Epidemic Situation and Helping Enterprises to Resume Work
Fifth, reduce corporate rents. Enterprises and individual industrial and commercial households renting municipal and below state-owned business premises are exempted from rent in February and March. For renting other business premises, the owner (landlord) is encouraged to reduce the rent for the tenant. For rent-free for more than 2 months, the government will reduce the property tax and urban land use tax according to the number of rent-free months.
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