Article 585 of the Civil Code of People's Republic of China (PRC), the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of damages for breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them 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 party concerned pays the liquidated damages due to delay in performance, the breaching party shall also perform the debt after paying the liquidated damages.
What is the main standard of liquidated damages for rent?
The standard of rent penalty is generally divided into the following categories:
1. If liquidated damages are stipulated in the lease contract, it shall be paid according to the agreed proportion of liquidated damages. If both parties agree that the penalty in the house lease contract is one month's rent when signing the contract, the lessor may require the lessee to pay the penalty equal to one month's rent as compensation for breach of contract.
2. If the agreed penalty is too high or too low, you can ask for a change. If the agreed liquidated damages exceed 30% of the actual loss, you can think that the agreed liquidated damages are too high and ask for a reduction. If the rental fee of the house is only 65,438+0,000 yuan per month, and the agreed amount of liquidated damages reaches10,000 yuan, then the breaching party may request a reduction;
3. There is no liquidated damages in the house lease contract. You should calculate the liquidated damages according to the actual losses caused by the other party's breach of contract, and return the deposit and excess room fee;
4. The payment of liquidated damages for rent has nothing to do with performance, that is, the payment of rent, that is, if the lessee still owes the lessor rent of 65,438+0.500 yuan, then the liquidated damages for lease contract are not included in this 65,438+0.500 yuan;
5. Both parties shall deal with the liquidated damages of the leased house as agreed in the lease contract and compensate the agreed amount. If negotiation fails, they can bring a lawsuit to the court.