Legal analysis: the daily penalty for overdue payment cannot exceed 30% of the actual loss, which is legal. The liquidated damages for overdue payment are divided into different treatment methods according to whether there is an agreement or not. (1) Both parties agreed on liquidated damages for overdue payment: according to the principle of autonomy of contract parties, both parties agreed on the calculation method of liquidated damages in the contract. If this agreement does not violate the law, it shall generally be observed. (two) the parties have not agreed on the liquidated damages for overdue payment, nor have they advocated support; If the parties claim compensation, the liquidated damages shall be calculated according to the interest rate of similar loans of the People's Bank of China in the same period. The interest rate of private lending can be appropriately higher than the bank's interest rate, and the local people's courts can specifically grasp it according to the actual situation in the region, but the maximum interest rate shall not exceed four times (including interest rate) of similar bank loans. Beyond this limit, the excess interest will not be protected.
Legal basis: Article 585 of the Civil Code of People's Republic of China (PRC), the parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the breach of contract, or agree on the calculation method of the amount of damages for breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request the court to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the court to reduce them appropriately.
Is it legal to charge 50 yuan liquidated damages for an electric car rented from Meituan for one day overdue?
This is not illegal, because when you rent an electric car, he will clearly tell you in the following agreement how much he will charge you if it is overdue, so it is not illegal to say that you are overdue and people will charge 50 yuan as liquidated damages according to the agreement.
Is it legal for 2500 to be overdue for 50 a day?
It is illegal to charge 50 interest for a day overdue for 2500. As long as the interest agreed by both parties exceeds 24% of the annual interest rate, the interest generated outside this ratio is illegal.
According to the Contract Law and the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, the court will give the agreed support that the annual interest rate shall not exceed 24%. If the interest agreed by both parties exceeds 36% of the annual interest rate, the court will rule that the excess interest rate is invalid, and the lender may require the borrower to return the excess interest.
Is it legal to charge 5000 yuan a day for a rented car?
In our country, there is only a late payment fee, that is, five ten thousandths of the total tax or 2% of the annual interest.
The rent for renting a car belongs to the agreed payment in the lease contract signed by both parties. The state does not explicitly stipulate the late payment fee for contract payment, but only stipulates the maximum amount of contract liquidated damages under normal circumstances, which shall not exceed 30% of the actual loss.
Therefore, it can be understood that during the contract payment period, the total monthly overdue fine does not exceed 1.500 yuan, which is within a reasonable range (the payment period is calculated by monthly payment). If calculated by the day, 50 yuan every day. This amount of money is the upper limit of liquidated damages, but it is not illegal.