Can my rent be reduced during the epidemic?

You can apply, but whether it can be reduced or exempted depends on the actual situation. Rent reduction during the epidemic period is mainly based on the provisions of China's civil code. Force majeure refers to an objective situation that cannot be foreseen, avoided and overcome. The "epidemic situation" itself is a typical force majeure, but it should be flexibly applied according to factors such as the size of the impact, causality and so on. On this point, the Supreme Court had clear guidance as early as 2003 during SARS, so I won't repeat it here.

Therefore, under certain conditions, the lessee can request rent reduction and rent exemption according to Article 590 of the Civil Code. There is no doubt that the epidemic situation is force majeure, but whether it affects the actual performance of the lease contract needs to be analyzed according to the actual situation. If the government does not force the closure, but the business is really affected by the epidemic, continuing to operate may cause crowds to gather and the epidemic to spread, which is obviously unfavorable to the lessee, such as bars, dance halls and restaurants. In this case, the lessee chooses not to continue to use the leased house, and the lessee may also request partial rent reduction according to the principle of fairness or changes in circumstances.

Two, the epidemic rent relief.

During the epidemic period, housing leasing enterprises are required to earnestly fulfill their social responsibilities, keep the housing rent level stable, and put an end to illegal acts such as driving up prices and not clearly marking prices. At the same time, both parties to the lease should negotiate on a fair, voluntary and legal basis. If the housing leasing enterprise and the landlord fail to reach an agreement on rent reduction, they shall not unilaterally stop paying the landlord's rent; After consultation, the housing leasing enterprise shall benefit all tenants from the rent reduced or exempted by the landlord, and directly reflect it in the rent payable by the tenant. Therefore, under the epidemic situation, both landlords and tenants are victims. On the basis of fairness, voluntariness and legality, negotiate rent reduction and exemption, and strive to take a step back and tide over the difficulties together.

Three. Basis for rent reduction and exemption during the epidemic period

civil law

Article 180 stipulates that those who cannot perform their 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.

Article 563 stipulates that the parties may terminate the contract under any of the following circumstances:

(a) the purpose of the contract cannot be achieved due to force majeure;

(two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt;

(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged;

(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;

(5) Other circumstances stipulated by law.

Article 590 stipulates that if a contract cannot be performed due to force majeure, it shall be exempted from liability in part or in whole according to the influence of force majeure, unless otherwise stipulated 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.

Legal objectivity:

Article 721st of the Civil Code of People's Republic of China (PRC), the lessee shall pay the rent within the agreed time limit. If the time limit for paying the rent is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 510 of this Law, if the lease period is less than one year, it shall be paid at the expiration of the lease period; If the lease term exceeds one year, it will be paid annually; if the remaining term is less than one year, it will be paid at the expiration of the lease term.