[Direct answer]Yes. Lease contract disputes are typical contract disputes, and the core issues to be addressed are the validity of the contract, the performance of obligations, and the liability for breach of contract. Article 703 of the Civil Code of the People's Republic of China defines the lease contract, Article 722 stipulates that if the lessee fails to pay or delays in paying the rent without a justifiable reason, the lessor may request the lessee to pay within a reasonable period of time. If the lessee still fails to pay within a reasonable period of time, the lessor may terminate the contract; Article 577 stipulates the general rules of liability for breach of contract, and Article 585 stipulates the penalty for breach of contract and its adjustment. Common disputes include the return of rent and deposit, early termination of the contract, the obligation to maintain the house, subletting, and the right of first refusal. Since lease disputes are often characterized by trivial facts and scattered evidence, lawyers usually first sort out the contract and performance documents, then determine whether to claim for continued performance, terminate the contract, or seek compensation for losses, and choose the litigation or arbitration path according to the circumstances.

I. Problem background and typical scenarios

The lease relationship is closely related to daily life and business operations, and disputes often arise as a result. Typical scenarios include: the lessee defaulting on rent for a long time, and the lessor demanding termination of the contract and seeking compensation; the lessee terminating the lease early, and the lessor claiming breach of contract penalties or confiscating the deposit; the lessor arbitrarily raising the rent, cutting off water and electricity, or refusing to return the deposit; the existence of quality problems with the house affecting its use, and the lessee demanding a rent reduction or compensation; the tenant requesting early termination of the lease due to poor business operations, and the two parties having different opinions on the decoration losses; the contract not being signed in writing, and the rights and obligations being determined solely based on transfer records and chat logs. In housing lease disputes in the Beijing area, whether the contract provisions are clear and whether the performance documents are complete often directly determine the allocation of responsibilities and the sharing of losses. The significance of lawyers' involvement lies in transforming scattered facts into claimable legal relationships.

II. Key points of dispute

First, whether the lease contract is established and effective, and whether the oral agreement can be recognized. Second, which party constitutes a breach of contract, and how to prove the causal relationship between the breach of contract and the losses. Third, whether the penalty for breach of contract is too high or too low, and whether the court can be requested to adjust it. Fourth, whether the contract should be continued to be performed or terminated, and the conditions and consequences of termination. Fifth, the return and sharing of the deposit, rent, and decoration losses. Sixth, whether the dispute should be resolved through litigation or arbitration, and how to determine jurisdiction and statute of limitations.

III. Professional analysis by Henglue Lawyers

A dispute over a pre-sale contract for commercial housing represented by Henglue Law Firm, although it belongs to the field of housing sales, the approach to handling contractual provisions, breach of contract liability, and defenses of exemption from liability is also of reference value for lease contract disputes. In this case, the buyer and the real estate development company signed a pre-sale contract for commercial housing and a supplementary agreement, which stipulated that the house would be delivered before June 15, 2023. The supplementary agreement granted the developer a 90-day grace period, and after the grace period expired, the developer would pay a breach of contract penalty of 0.01% of the total housing price per day. However, the developer did not deliver the house until March 5, 2024, a delay of nearly nine months. The developer claimed that factors such as the pandemic, meetings, bad weather, and exams constituted force majeure and should be exempted from liability, and argued that the grace period could be cumulated with other delays. The lawyer studied the contract and supplementary agreement, sorted out the core provisions such as the delivery time, grace period, and breach of contract penalty standard, and collected payment receipts, move-in notifications, and completion and acceptance registration materials to form a complete chain of evidence. The lawyer pointed out that the contract was signed in 2021, and the pandemic had become a normal situation at that time, so the developer should have had the ability to foresee it and it did not constitute force majeure. Factors such as bad weather and government meetings did not necessarily lead to a full suspension of work and could not be exempted from liability. The grace period should be strictly applied as agreed, and the claim of cumulation lacked contractual and legal basis. The payment of a breach of contract penalty of 118,366.12 yuan per day was supported by the court. This case shows that in contract disputes, the party claiming exemption from liability bears the burden of proof, and once the breach of contract liability is clearly stipulated, it will usually be supported. In lease contract disputes regarding late payment of rent, early termination of the contract, and defenses of exemption from liability, the same legal logic is followed. This case was handled by Beijing Henglue Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, organize the lease contract, supplementary agreement, deposit receipt, and rent transfer certificate; Second, fix the communication records, reminder notices, and on-site photos to prove the facts of breach of contract and losses; Third, verify the provisions in the contract regarding the breach of contract penalty, conditions for termination, and dispute resolution; Fourth, send a written reminder and keep the delivery receipt to lay the foundation for termination and claims; Fifth, evaluate the feasibility of demanding continued performance, terminating the contract, or seeking compensation for losses; Sixth, pay attention to the arbitration clause and statute of limitations, and initiate the procedure in time. For disputes involving contract performance and breach of contract, you can refer to the following documents for reference:Business and contract disputes in enterprises; For reference, please refer to the information related to housing leasing and real estate transactions.Real estate transactions and construction projectsFor matters involving the recovery and enforcement of funds, you may refer to the following for referenceCreditor's rights and debts, and enforcement casesLegal basis: Articles 509, 577, 585, and 703 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), and the relevant provisions of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, the lease contract should be in writing as much as possible, clearly stating the rent, term, deposit, and breach of contract liability. Secondly, delaying the payment of rent is a typical breach of contract, and the party in compliance should promptly remind the other party and keep evidence. Thirdly, the agreed penalty for breach of contract is not necessarily the higher the better. If it is excessively high compared to the actual loss, it may be adjusted. Fourthly, for early termination of the contract, the conditions and consequences stipulated in the contract should be considered first to avoid unilateral suspension of payments. Fifthly, for special arrangements such as decoration and subletting, they should be separately stipulated in the contract. For disputes involving leasing and contracts, they can be resolved through legal means.Business and contract disputes in enterprisesYou can combine the overall solution for services, which involves property leasing, if needed.Property sales and construction projectsHandle it.

VI. Frequently Asked Questions

Q1: Are verbally agreed upon lease relationships protected by law?

It is protected by law, but it's difficult to provide evidence. The lease relationship established between the lessor and the lessee is legally protected, but the terms such as the lease period, rent, and deposit need to be proven by transfer records, chat records, and delivery receipts. Therefore, it is still recommended to sign a written contract.

Q2: If the lessee defaults on the rent, can the lessor directly terminate the contract?

Generally, a reminder should be issued first. According to Article 722 of the Civil Code of the People's Republic of China, if the lessee fails to pay or delays in paying the rent without a valid reason, the lessor shall first request the lessee to pay within a reasonable period of time. If the lessee still fails to pay after the expiration of the time limit, the lessor may then rescind the contract. After the contract is rescinded, the lessor may also claim the unpaid rent and the breach of contract damages.

Q3: If the lessee terminates the lease early, should the deposit be refunded?

It depends on the contractual provisions and the circumstances of the breach of contract. If the contract stipulates the liability for breach of contract in the case of early termination of the contract, the lessor may claim the breach of contract penalty accordingly; the nature and amount of the deposit shall be distinguished from the breach of contract penalty, the unpaid rent, and the compensation for damage to the house, and cannot be deducted repeatedly. If there is a surplus, it shall be refunded; if there is a deficiency, it shall be supplemented.

Q4: Can I request to reduce the agreed-upon penalty if it's too high?

Yes. According to Article 585 of the Civil Code of the People's Republic of China, if the agreed penalty for breach of contract is excessively higher than the losses caused, the party concerned may request the people's court or arbitration institution to reduce it appropriately; the party claiming adjustment usually needs to provide evidence of the actual losses.

Q5: Should I go to the court or the arbitration institution to resolve a lease dispute?

The provisions of the contract shall prevail. Where the contract stipulates an arbitration clause, the parties shall apply for arbitration to the arbitration institution specified in the contract; where no such clause is stipulated, the case shall generally be under the jurisdiction of the people's court at the defendant's domicile or the place of performance of the contract. At the same time, attention should be paid to the provisions on the statute of limitations.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Legal services for real estate transactions·Attorney Tian Jiayan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.