In July 2019, Ms. Fan from Cixi rented out a rough house and garage to Mr. Zhan (surnamed Hua) at a monthly rent of 1,200 yuan. According to the contract signed by the two, the lease term is 5 years and the rent is paid every 6 months. The two parties also agreed on breach of contract liabilities such as late payment of rent.
However, Mr. Zhan did not want to live in this rough house by himself. Instead, he planned to sublet the house after renovation and become a “second landlord.” Ms. Fan did not object to this.
However, Mr. Zhan’s “second landlord” is not easy to do, and the subletting business does not make money as expected. At the beginning of October 2020, when the third rent was prepaid as agreed, Mr. Zhan failed to pay as scheduled. Ms. Fan called for several times, and Mr. Zhan asked for a time limit, but Ms. Fan refused.
Since Mr. Zhan has not paid the rent for nearly one month overdue, according to the contract between the parties, the lessor can terminate the contract. Accordingly, Ms. Fan notified Mr. Zhan in writing to terminate the contract and let her vacate the house within a time limit. Mr. Zhan felt aggrieved and felt that the landlord was too ruthless.
Mr. Zhan was unwilling to vacate the house, and Ms. Fan took measures to cut off water and electricity, and the contradictions between the two sides were completely intensified. Mr. Zhan’s lease was unable to continue. The more he thought about it, the more angry he decided to “break the jar”, “damage” the decoration of the house, and refused to return the house key to Ms. Fan.
After the tenant moved out, Ms. Fan went into the house for inspection, and the condition inside was shocking. Some facilities in the house were severely damaged. The toilets and ceilings of the house were all smashed. The public sewer pipes in the kitchen were also smashed. Sewage filled the living room.
In early February of this year, Ms. Fan sued Mr. Zhan to the Cixi Court, demanding that the other party pay the arrears of 2,400 yuan in rent and a late fee, bear the relevant maintenance costs, and restore the house to its rough state.
After the court filed the case, because the facts were clear, the trial was conducted in small claims procedures in accordance with the law. Obviously, Mr. Zhan in this case has breached the contract, and the plaintiff, Ms. Fan, has the right to terminate the contract. The decoration of the house, if it has not been destroyed, has a certain value in use, but Mr. Zhan broke the decoration on impulse. This behavior is neither appropriate nor reasonable.
After coordination by the judge, the two parties finally reached an agreement: Mr. Zhan must completely replace the kitchen public pipes within 7 days to ensure that no water leaks, or pay 1,000 yuan; restore the decoration of the damaged part of the house to the rough within 30 days, and give the undamaged part Keep and clean up the house, otherwise pay 10,000 yuan for restoration costs and the resulting rental loss.