Legal basis for rent reduction and exemption of state-owned assets during the epidemic period

The provisions of the Law on Rent Reduction and Exemption during the Epidemic Period are as follows: some provinces and cities can reduce or exempt the rent for one month for enterprises and individual industrial and commercial households renting state-owned houses below the municipal level; For renting other business premises, private owners are encouraged to reduce rent for tenants, but there is no mandatory requirement.

Legal basis:

Item (1) of Article 2 of the Guiding Opinions on Further Helping Small and Micro Enterprises and Individual Industrial and Commercial Houses in the Service Industry to Alleviate the Housing Rent Pressure in Response to the COVID-19 Epidemic proposes that small and micro enterprises and individual industrial and commercial households in the service industry with difficulties in renting state-owned houses (including houses of state-owned enterprises and government departments, universities, research institutes and other administrative institutions, the same below) will be exempted from housing rent for three months in the first half of the year. Sublet and sublet state-owned housing to ensure that the rent-free benefits eventually fall on the lessee. (two) the lease of state-owned houses owned by the central government (including state-owned houses owned by relevant departments, central enterprises, central universities and research institutes), the implementation of housing rent support policies for small and micro enterprises and individual industrial and commercial households in the service industry. If the rent reduction affects the performance of state-owned enterprises and institutions, it shall be determined according to the actual situation in the assessment. (3) For small and micro enterprises and individual industrial and commercial households that have difficulties in leasing non-state-owned houses, lessors are encouraged to reduce or postpone the rental of houses on the basis of equal consultation between the two parties, taking into account the actual difficulties of the lessee.

civil law

Article 180 A person who is unable to perform his civil obligations due to force majeure shall not bear civil liability. Where there are other provisions in the law, those provisions shall prevail.

Force majeure is an unforeseeable, unavoidable and insurmountable objective situation.

civil law

Article 590 Where the parties are unable to perform the contract due to force majeure, they shall be exempted from liability in part or in whole according to the influence of force majeure, except as otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be informed in time to reduce the possible losses to the other party and provide proof within a reasonable time.

If force majeure occurs after the delay in performance, the parties concerned shall not be exempted from the liability for breach of contract.