if the landlord needs to be rent-free due to the epidemic, the lessee can apply to the lessor, and explain the reasons and time of rent-free. It should be noted that only the epidemic and other force majeure factors can meet the conditions of rent-free, and both parties need to negotiate according to the actual situation.
after the application is required, both parties shall negotiate and confirm it. For example, due to the epidemic situation, some tenants, especially migrant workers, can't normally return to their places of work to use the rented houses, and the tenants can request partial rent reduction according to the relevant contract provisions of "force majeure"; Or business stores such as entertainment halls and playgrounds, which are forced to close due to epidemic prevention measures, have indeed suffered losses due to force majeure, which has a huge impact and is unable to bear the responsibility of the lease contract, and it is reasonable to ask for rent reduction.
II. Conditions of Force Majeure
1. Unforeseen contingency. The event referred to by force majeure must be unforeseeable when the parties conclude the contract, and it happens purely by accident after the conclusion of the contract. Of course, this unexpected accident is not an event that the parties can't imagine at all, and some accidents are not completely unpredictable by the parties.
2. Uncontrollable objectivity. The event of force majeure must be caused by objective reasons beyond the debtor's control, and the debtor has neither intention nor negligence subjectively, and subjectively cannot prevent it from happening.
rent _ can be waived. The specific situation should be analyzed in detail. Whether to reduce or exempt the rent and how much, we should comprehensively consider the factors such as the impact of the epidemic on the leased house and business, causality, etc., and also consider whether the damage suffered by the leased house belongs to normal commercial risks or caused by _ _.
1. In commercial housing leasing, if the housing law is normal due to the epidemic situation, and the lease _ asks for rent reduction _, the rent can be reduced _, and the court will give it _. _ such as _ bars, KTV, bars, cinemas, _ stores, restaurants, farmers' markets, etc., which are closed down according to the requirements of the government. _ _ If _ _ is delayed due to government policies, which leads to _ _ being unable to operate in _ _.
2. If the epidemic situation does not affect the leased premises, but the business income, production and losses are heavy due to the epidemic situation, the leased premises may request partial rent reduction, and the court may adjust the rent as appropriate according to the principle of fairness. _ If the epidemic situation has seriously affected the production and operation, such as the decrease of passenger flow, and caused the loss of lease _ business income _ production _ weight _, the lease _ may request to reduce part of the rent on this ground.
Legal basis:
Article 591 of the Civil Code: 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.