This is a breach of contract. A contract signed according to law is binding on the parties, and both parties shall perform their obligations under the new contract in the principle of good faith. Unilateral unwillingness to perform the contract is indeed a breach of contract. In view of the fact that there is no loss to the tenant due to breach of contract, it is less likely that the landlord will sue the tenant to continue to perform the contract or assume the liability for breach of contract. Therefore, the cost of tenant's breach of contract is very low, but it is still recommended to negotiate with the landlord in a friendly way to properly resolve the disputes between the two parties.

Legal analysis

The contract stipulates that either party can terminate the contract at any time, and if the lessee is willing to pay the liquidated damages, the lessee may bring a lawsuit to the people's court. However, if the landlord asks the tenant to pay the liquidated damages in full, and the tenant asks to reduce the amount of liquidated damages, the court may not support it, because one month is usually a fair and reasonable amount of liquidated damages. The lease contract is a commitment contract, that is, once the contract is signed, it is legally binding on both parties. The lessor should not only deliver the house as the subject matter on schedule, but also meet the agreed purpose of use. The lessor in the lease contract is generally the owner of the house, but not limited to the owner. With the consent of the lessor, the lessee may sublet the lease item to a third party. If the lessee sublets, the lease contract between the lessee and the lessor shall remain valid, and if the third party causes losses to the leased property, the lessee shall compensate. Therefore, according to the requirements of relevant laws and regulations, it is necessary to bear the liability for breach of contract.

legal ground

People's Republic of China (PRC) Civil Code

Article 179 The main ways to bear civil liability are: (1) to stop the infringement; (2) remove obstacles; (3) eliminating danger; (4) returning property; (5) restitution; (six) repair, rework and replacement; (7) continue to perform; (8) Compensation for losses; (9) Paying liquidated damages; (ten) to eliminate the influence and restore the reputation; (eleven) apologize. Where the law provides for punitive damages, such provisions shall prevail. The ways of bearing civil liability as stipulated in this article can be applied separately or in combination.

Article 500 In the process of concluding a contract, if any of the following circumstances causes losses to the other party, the parties shall be liable for compensation: (1) maliciously negotiating under the guise of concluding a contract; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (three) there are other acts that violate the principle of good faith.

Article 587 Where the debtor performs the debt, the deposit shall be set off as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.