Recreational company presses a contract as scheduled consign hire begins to default hire after two years, to rental just put forward to remove when the contract, bear hire already just defaulted hire to accumulate 1.7 million yuan. This entertainment company agrees to remove contract, but put forward to decorate charge with its 2.7 million yuan rush touch default hire, ask to rent just return price difference.
Our country " contract law " the 223rd regulation, tenant classics lessor agrees, can be improved to renting content to undertake or add his thing. Tenant agrees without lessor, undertake improve or adding his thing to renting content, lessor can ask tenant is restorable perhaps recoup a loss. In the meantime, " top people court implements general rule of civil code of < People's Republic of China about carrying out > a certain number of opinions (try out) " the 86th regulation, person of blame property right attachs adjunct on the belongings of use other, property everyone agrees to attach, return what if where manage has an agreement,content attachs when returning with respect to belongings, press conventional processing; Do not talk things over again without the agreement, can demolish, can instruct demolish; Cannot demolish, OK also convert into money puts in property holder 's charge; Cause property holder losing, ought to lose liability to pay compensation.
If demand letter returns tenant to still decorate charge, criterion this charge must have the following requirement: (1) this charge must be to rent to this the room makes improve or be added on its other decorate content and the charge of defray. If be to maintain the charge of the defray of use state institute with necessary building to be essential charge only, and cannot advocate return still; (2) must make the value of this building increases because of the defray of this charge; (3) the improvement that beard tenant is or add behavior already lessor agrees. If agree without lessor, tenant cannot request lessor to return return charge. Here agree, express clearly of the lessor when tenant of be confined to carries out behavior to agree not just, know the behavior of tenant like lessor and do not express to object, also include. What although this entertainment company decorates place to lease a building,did not obtain letter is written in this case agree, but the renting purpose from this building, and tenant entertainment company undertakes decorating to this building, lessor did not express to object clearly, knowable lessor agrees to this.
Accordingly, the author reachs such conclusion: After the relation that rent is stopped, should rent the room is returned return letter, the interest of the value of the content that rent that because decorate behavior and increase of tenant,lessor enjoyed, tenant decorates the defray of charge because of this and get loss, lessor acquires this interest and do not have jural basis, so, lessor should return the profit of its earning return the tenant that suffer lose. But the value specified number that the building when returning returned charge to should be confined to the contract termination that rent increases actually, and the actual number that cannot decorate defray with tenant is accurate.
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