Legal analysis: The current epidemic situation or epidemic prevention and control measures are force majeure for the parties who are unable to perform the contract. However, in the specific lease situation, the application of force majeure should be comprehensively judged by combining the factors such as the outbreak time, prevention and control measures, the specific degree of contract performance being affected, causality, and whether the parties fulfill the notification obligation in time.
for the lessor, it is generally not appropriate to assume that the lessor has failed to fulfill the delivery obligation of the leased house due to force majeure when the epidemic situation and prevention measures do not affect the delivery and agreed use of the house. For the lessee, the impact of production and operation does not directly constitute an irresistible and insurmountable reason for the obligation to pay rent, and it is generally not appropriate to identify it as force majeure. However, due to the epidemic situation and prevention and control measures, the leased house has failed to meet the agreed purpose, and the rental delivery obligation is directly affected, which leads to objective failure to perform, and so on, which can be considered as force majeure.
legal basis: article 591 of the civil code of the people's Republic of China. if one party fails to perform the contract due to force majeure, it 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 losses that may be caused to the other party, and proof shall be provided within a reasonable time.