The mall signed a contract with the lessor, but the lessor breached the contract and recovered it

This depends on how the lease agreement between the lessee and the lessee is agreed. If the agreement is not clear, please follow the following opinions.

In total, you mentioned two issues: first, the problem of subletting. According to the law, the consent of the lessor must be obtained for sublease, and if there is no agreement on sublease in the lease agreement, then the lessee can now notify the lessee in writing, directly notify the lessee to terminate the lease contract, or give the other party a certain period of time to rectify the breach of contract.

At present, the lease contract signed between the lessee and a third party is a voidable contract, and the lessor has the right to go to court to demand that the contract be rescinded. Second, the problem of loss of house renovation. The renovation of the house should usually be agreed in the lease contract, but if you didn't have it in the original lease contract, you can only deal with it in the usual way.

First of all, if the main responsibility for the termination of the lease contract lies with the lessee itself caused by illegal sublease, the main fault lies with the lessee, not the lessor. Secondly, the loss of house decoration should be a claim for compensation from the lessee to the lessor after the termination of the lease contract, so the lessee should provide evidence to prove the amount of its loss, and when dealing with it through the law, the other party needs to show the complete bill of the decoration, I think the other party should have a lot of decoration costs without the support of the contract and invoice, so the other party lessee is relatively passive. Thirdly, the decoration needs to be depreciated, generally speaking, the depreciation of the decoration is converted within 5 years, that is, the annual depreciation of the decoration is 20%.

1. Who are you renting the storefront? Is it a mall or a real estate developer?

2. If it is a contract signed with a shopping mall, is there any agreement in the contract that if the real estate developer terminates the lease contract for the shopping mall, how to bear your liability for breach of contract?

1. Is it legal for the mall not to give a lease contract?

1. The shopping mall lease contract belongs to the scope of private law, and the terms of the rights and obligations of the parties to the contract and the liability for breach of contract shall be freely negotiated and agreed upon by the parties to the contract. If Party A breaches the contract, it shall be dealt with in accordance with the provisions of the breach clause in the contract. If there is no breach clause in the contract, Party A may be required to continue to perform the contract or compensate the other party for the losses caused by the breach of contract in accordance with the principles of fairness, reasonableness and good faith of the contract.

2. Legal basis: Article 707 of the Civil Code of the People's Republic of China.

If the lease term is more than six months, it shall be in writing. If the parties do not adopt written form and cannot confirm the lease term of more than six months, they shall adopt written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

If the lease term is fixed, it shall be regarded as an indefinite lease. If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased item, resulting in the loss of the leased item, it shall not be liable for compensation. With the consent of the lessor, the lessee may improve or add other things to the leased property.

If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

2. Is a zero-rent lease contract legal?

A zero-rent lease contract is legal, as long as the lessor and the lessee agree to write zero rent on the rent matter, then the contract is valid. In accordance with the relevant laws and regulations, civil juristic acts that meet the following conditions are valid:

1. The actor has the corresponding capacity for civil conduct;

2. The meaning is true;

3. Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Legal analysis: You can sue the court to require the other party to continue to perform the contract or bear the liability for breach of contract.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 583: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses.

Article 584:Where one of the parties fails to perform its obligations under the contract or performs its obligations in a manner inconsistent with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract;provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Article 585:The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Article 591:After one of the parties breaches the contract, the other party shall take appropriate measures to prevent the expansion of losses; Where failure to take appropriate measures results in an increase in losses, compensation for the increased losses shall not be claimed. The reasonable expenses incurred by the parties in preventing the expansion of losses shall be borne by the breaching party.

Article 708: The lessor shall deliver the leased property to the lessee in accordance with the agreement and keep the leased property in accordance with the agreed purpose during the lease term.

Article 119 of the Civil Code: "A contract established in accordance with law shall be legally binding on the parties. However, in the course of the performance of the contract, if there is a statutory circumstance that the contract can be terminated, one party can terminate the contract in accordance with the law and terminate the rights and obligations of the contract, which is the unilateral termination of the contract.

The parties may terminate the contract:

1) The purpose of the contract cannot be achieved due to force majeure. Force majeure refers to the objective conditions that cannot be foreseen by the parties at the time of entering into the contract, and their occurrence and consequences cannot be avoided and cannot be overcome, including natural disasters, wars, disputes, abnormal social events, etc.

2) Before the expiration of the performance period, one of the parties clearly states or shows by its own conduct that it will not perform the main debt. The symmetry of the primary debt, i.e., the secondary debt, refers to the part that the parties should bear the majority of the debt or the part that has an important or fundamental impact on the creditor's rights according to the contract.

3) One of the parties delays the performance of the main debt and fails to perform it within the contract period after being reminded. Delay in performance means that the debtor fails to perform the contractual obligations after the expiration of the performance period agreed in the contract without justifiable reasons; or for a contract where the performance period has not been agreed, the debtor has not performed after the creditor has issued a demand for performance.

4) One of the parties delays the debt or has other breaches of contract, resulting in the inability to realize the contract. If the performance period or other terms of the contract agreed in the contract are crucial to the rights and obligations of the parties, and the breach of contract by the party will seriously affect the economic interests expected by the parties in entering into the contract, the parties may directly and unilaterally terminate the contract without going through the reminder procedure. For example, if the delivery of the subject matter is delayed due to seasonality and timeliness, the other party has the right to unilaterally terminate the contract.

5) The party who shall perform the debt first has conclusive evidence to prove that the other party has any of the following circumstances.

1. Serious deterioration of business conditions;

2. Transfer property and evade funds to evade debts;

3. Loss of business reputation;

4. In other circumstances, performance may be terminated if there is a loss or possible loss of the ability to perform debts. If the other party fails to recover its ability to perform within a reasonable period of time and fails to provide appropriate security after the termination of performance, the party that terminates performance may terminate the contract.

6) Other circumstances provided for by law.

1. If the borrower fails to use the loan in accordance with the agreed purpose of the loan, the lender may stop issuing the loan, withdraw the loan in advance or terminate the contract.

2. If the lessee subleases the goods without the consent of the lessor, the lessor may terminate the contract.

It should be noted that if the parties unilaterally terminate the contract, they shall notify the other party, and the contract shall be terminated when the notice reaches the other party. If the other party has any objection, it may request the people's court or arbitration institution to confirm the validity of the termination of the contract.

Disputes over lease contracts can be resolved through negotiation, mediation, arbitration, and litigation. Before renting a shop, you should go to the real estate trading center where the shop is located to conduct a property right investigation and confirm the following important information: 1. The use and land use of the house must ensure that the type of house is commercial and the land use is non-residential before it can be rented as a shop, otherwise, it will face the risk of not being able to obtain a business license and illegally using the house.

2. The owner of the right of the house to ensure that the lease contract is signed with the owner of the house or other rights holders. 3. Whether the house already has lease registration information, if there is already lease registration information, the new lease contract cannot be registered, resulting in the new tenant's lease relationship being unable to fight against the third tenant, and it will also affect the new tenant's smooth application for the business license. The purpose of leasing a shop is to carry out commercial activities, and the first condition for business activities is to legally obtain a business license, therefore, when signing a shop lease contract, many terms must be set around the handling of the business license, mainly involving the following aspects:

1. The original lease registration information has not been cancelled, resulting in the inability to handle the lease registration of the new lease contract, resulting in the inability to apply for the business license in time; 2. The business license has been registered on the shop, but the business registration information has not been cancelled or migrated, resulting in the inability to register a new business license on the same shop; 3. The type of house is not a commercial building, so it is impossible to carry out commercial business activities, resulting in the inability to register a business license; 4. If it involves special business industries (entertainment, catering, etc.), it is also necessary to pass the inspection of the public security, fire protection, health, environment and other departments, and obtain the public security license, health license and other documents before obtaining the business license; 5. The business license cannot be registered due to the lack of materials of the lessor. For the above-mentioned circumstances, the lessor's obligations may be set in the contract, and the lessor shall be given a reasonable grace period. The circumstances mentioned in Article 4 above can be set as a situation of termination without liability to ensure that the lessee can terminate the contract without liability in case of failure to obtain a business license. The registration and filing of the lease contract belongs to the nature of the contract filing and registration, and the effect of this registration mainly includes the following contents:

1. Whether it is registered or not does not affect the validity of the contract itself, even if there is no record of filing, the contract will still take effect when the conditions for entry into force are met; For example, if the lessor leases the house to two lessees, and one of the contracts has been registered as a lease and the other has not been registered, the house shall be leased to the lessee who has gone through the lease registration, and the lessor shall bear the liability for breach of contract to the lessee who has not registered the lease. Therefore, it is recommended to go to the real estate transaction center where the shop is located to go through the lease filing registration in time. In addition, most industrial and commercial departments require the lease contract to be registered for lease filing when applying for a business license.

Summary. Dear, hello, the early termination of the shopping mall lease contract is considered a breach of contract. The lessor of the shop is in breach of contract if it terminates the contract in advance, but if the lessee does not pay the rent, rebuilds the shop without the permission of the lessor, or subleases the shop, etc., the lessor has the right to terminate the contract, and can terminate the contract before the expiration of the lease contract, and can also require the lessee to bear the liability for breach of contract such as paying liquidated damages and restoring the shop to its original state.

The shopping mall has been leased for three years, and because the company's audit has not passed, what should I do if I want to end the contract early.

Dear, hello, the early termination of the shopping mall lease contract is considered a breach of contract. If the lessor of the shop leases the contract in advance, it is a breach of contract, but if the lessee does not pay the rent, reconstructs the shop or subleases the shop without the permission of the lessor, the lessor has the right to terminate the contract, and at this time, it can terminate the joint operation before the expiration of the term of the leased contract, and can also require the lessee to bear the liability for breach of contract such as paying liquidated damages and restoring the shop to its original state.

Article 729 of the Civil Code stipulates that if the leased property is partially or wholly damaged or lost due to reasons not attributable to the lessee, the lessee may ask for a reduction in rent or not to pay the rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the leased property, the lessee may terminate the contract. That is to say, if the leased premises are defective (including defects in things and defects in rights), which makes the tenant unable to use them, or if their interests are significantly affected, or if they cannot use the income for a certain period of time, or if the leased premises are damaged so that the purpose of the contract cannot be realized, the tenant may terminate the contract.

Dear, do you have a contract to sign?

Yes. Dear, do you want to end the contract early, do you need to bear any responsibility for the breach of contract in the contract?

Generally, part of the deposit is deducted.

Dear, have you negotiated with your landlord now?

If the other party does not agree to terminate the contract early, you can also ask the arbitration to help you end the contract, but you will generally be asked to pay part of the liquidated damages.

I negotiated with the shopping mall, but the shopping mall has been dragging on, how to solve the arbitration.

Dear, arbitration can help you force the termination of the contract.

Pro, contract disputes can be mediated by the administrative department, and the arbitration agency can apply for arbitration or file a lawsuit with the court. If a contract dispute is brought to the people's court after mediation or arbitration fails, the court will first conduct mediation during the trial.

Generally, your default deposit is deducted.

Did you pay a deposit when you signed the contract?

Delivered. Do you want to report 110 At that time, I paid a deposit of 20,000 yuan and 60,000 rent, and I negotiated with him for two months.

Dear, yes, it's okay.

Is your landlord renting out your office again?

If you keep using it, you still have to pay the rent, and then the deposit will be deducted partially.

It is also recommended that you negotiate as soon as possible, and if the other party drags on, your rent will be used up by you, and the subsequent deposit can only be refunded partially.