On February 22nd, 20 19, Company A signed a store lease contract with Party A, stipulating that Party A would lease a store in Baoshan District, Shanghai to Party B for the lease period from February 20th, 20 19 to February 9th, 2024. Pay the rent first and then use it. The lease period is three months. The contract also stipulates that if Party B delays the payment of rent and other expenses for 65,438+00 days, Party A has the right to terminate this contract. If Party B delays the payment of the rent and other expenses under this contract for more than 65,438+05 days, Party A may suspend some houses or water, electricity, gas and heat supply or property services until Party B fulfills the relevant payment obligations. After the contract is signed, Party A pays the first rent and Company A delivers the house to Party A. ..

Party A normally pays the rent until June 5438 +2020 10. Due to the epidemic situation in COVID-19, the store closed on June 2, 2020 and resumed business. Company A sent reminders to Party A many times, but Party A never paid the rent in arrears. Since July 3, 2020, Company A has taken measures to stop water and power supply for the leased store, but Store A is no longer operating.

Company A appealed to the court to cancel the lease contract and demanded that Party A pay the unpaid rent. In the lawsuit, the two parties handled the handover of rent withdrawal on September 30, 2020.

After the trial, the court held that the lease contract between the two parties was established and came into effect according to law, and Company A still failed to pay the rent after being urged, which constituted a breach of contract and Company A had the right to terminate the contract. Party A shall pay the rent and house occupancy fee from February/KLOC-0 to September 30, 2020. On July 3, 2020, Company A cut off water and electricity for the disputed store and never recovered. Although there is a contract basis, it has an impact on the actual use of disputed shops. The rent and occupation fee after July 3, 2020 should be adjusted, and the rent claim of Company A is not fully supported.

Article 707th of the Civil Code of People's Republic of China (PRC). If the lease term exceeds six months, it shall be in written form. Article 707 Where the parties fail to confirm in writing that the lease term exceeds six months, they shall do so in writing. If the parties fail to determine the lease term in writing, it shall be regarded as an indefinite lease. If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 710 Where the lessee uses the lease item in accordance with the agreed method or the nature of the lease item, thereby causing losses to the lease item, it shall not be liable for compensation.

Article 715 The lessee may, with the consent of the lessor, improve or add the lease item. If the lessee improves or adds other things to the lease item without the consent of the lessor, the lessor may require the lessee to restore the original state or compensate for the losses.