Xiao Mou and a company in Shanghai house leasing contract dispute

[Case classification] : House lease contract disputes

[Commissioned time] : November 2017

【 Brief introduction 】

The original and the defendant signed a Lease Contract through the intermediary on June 4, 2017, stipulating that the defendant would rent from the plaintiff the booth No. XXX, Building XXX, West Nanjing Road, Shanghai (hereinafter referred to as the booth involved) for the purpose of catering business for a period of 5 years from August 18, 2017 to August 17, 2022. After signing the contract, the plaintiff paid a number of fees, but the defendant did not meet the catering conditions, can handle the catering license booth to the plaintiff, after the demand still failed to perform the main obligations of the contract. Therefore, the plaintiff thought that the purpose of the contract could not be achieved and asked for the termination of the lease contract, but the defendant ignored it, so the plaintiff brought a lawsuit to the court.

【 Lawyer analysis 】

A legally formed contract is protected by law and both parties should abide by it. Now the stall rented by the defendant has been actually controlled by the right holder, and the defendant is actually unable to continue to provide the stall for the plaintiff's use. The provision of the booth involved is the main obligation of the defendant in the contract, and the violation of the obligation will lead to the failure to achieve the purpose of the contract. Therefore, the defendant's behavior has constituted a fundamental breach of contract, and the plaintiff has the right to demand the termination of the contract. After the contract is terminated, the unperformed part shall no longer be performed, the defendant shall return the money received in advance for the contract after deducting the receivable part, and the plaintiff shall also return the items obtained for the contract. Because the booth involved in the case has not been used normally, and the business area is not officially open, the defendant has failed to fulfill its main obligations under the contract, and the rent, management fee, deposit, entrance fee and cash register fee collected shall be returned to the plaintiff. A set of cash registers obtained by the plaintiff shall be returned to the defendant. As for the decoration loss claimed by the plaintiff, it is caused by the breach of contract of the defendant, which is a direct loss, and the loss of the decoration cost should be compensated by the defendant.

【 Verdict 】

Through the lawyer Liu Pei's representation, the court finally supported the plaintiff's claim, The judgment ordered that the "Food Trade Banquet Food Joy Purchase Lease Contract" signed by the plaintiff Xiao Mou and the defendant Shanghai company on June 4, 2017 for Booth No. XXX, Building No. XXX, West Nanjing Road, Shanghai, be terminated on December 22, 2017, and the defendant shall return the plaintiff's rent and management fee, deposit, entrance fee, cash register fee and decoration loss within 10 days after the effective date of this judgment Compensation.