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If there is no special agreement, under normal circumstances, after you lease all or part of the house to others, the rights and obligations of the use and management of that part of the house will be transferred to others, and if the property in the leased house is stolen, it is caused by the tenant's own mismanagement, and it has nothing to do with you. If the tenant does not use the premises, it does not affect the payment of rent and you are not required to return the rent.
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The house cannot be subletted, and it is generally stipulated in the contract.
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After the house was sublet to someone else, I didn't live in it at that time. Is it possible not to refund someone else's rent? This question depends on how you signed the contract with your landlord.
As long as you are not a landlord, then you must get the landlord's consent when you sublet, and if you don't have a landlord, then this responsibility must be yours. The landlord will still look for you. If you sublet it to someone else through the landlord, it has nothing to do with you.
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If you rent your own house and sublet it to someone else, the rent of the house is usually prepaid. During the lease period of the prepaid rent, the house did not live. This rent can generally be non-refundable, and the right to live in the house will be withdrawn after the lease period expires.
Because both parties are executed in accordance with the contract, this rent is not subject to delisting regulations, and refunding is a good deed.
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If you didn't go through the landlord when you subleased, the landlord will still look for you, if you go through the landlord, then the house will have nothing to do with you after the sublet, you don't need to bear any responsibility, you are agreed by the landlord, and the rest will be handed over by the landlord to him.
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You have already subleased to him and you are not responsible.
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If you don't live anymore, you won't be responsible for her stuff, it's not your obligation.
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If you sublet, after the landlord said that you transferred out, others don't want to rent, and you are determined not to refund other people's rent, you don't care about it.
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It's all subleased out, so of course it's none of your business.
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Legal analysis: If you don't want to rent a rented house, you can sublet it, but the legal sublease needs to meet the following two conditions: 1. The sublease must be approved by the owner of the house.
Subletting is no longer part of normal use and must be agreed by the owner of the house, otherwise it will be invalid. 2. The rent of the sublease shall not be higher than the original rent, and it is indeed necessary to increase it reasonably, and the increased income shall be handed over to the owner of the house. Rent is the proceeds of the house and should be taken by the owner of the house.
If the property is subleased without the consent of the house owner, or the sublease is sought to obtain the rent difference, the house owner has the right to demand that the lessee be held liable for breach of contract, and may terminate the house lease contract and take back the rented house.
Legal basis: Civil Code of the People's Republic of China
Article 716 The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.
Article 717 Where the lessee subleases the leased property to a third party with the consent of the lessor, and the term of the sublease exceeds the remaining lease term of the lessee, the agreement on the excess part shall not be legally binding on the lessor, unless otherwise agreed between the lessor and the lessee.
Article 718 Where the lessor knows or should know that the lessee is subleased, but does not raise an objection within six months, it shall be deemed that the lessor agrees to the sublease.
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Legal analysis: under normal circumstances, it will not be refunded, in the case of a clear agreement on the nature of the deposit, the role of the deposit is to set up a guarantee for the house and the property in the house, and if the property loss of the lessor's house and indoor facilities is caused during the lease period, it will be deducted from the deposit.
Legal basis: Measures for the Administration of Public Rental Housing
Article 24 The owners of public rental housing and the operating units entrusted by them shall be responsible for the maintenance and maintenance of public rental housing and its supporting facilities, and ensure the normal use of public rental housing.
**The maintenance cost of the public rental housing invested is mainly solved by the rental income of public rental housing and the rental income of supporting commercial service facilities, and the shortfall is arranged by the financial budget; The cost of repairing and maintaining public rental housing invested and constructed by social forces shall be borne by the owner and the operating unit entrusted by it.
Article 25 The owner of public rental housing and the operating unit entrusted by it shall not change the nature of the affordable housing of public rental housing, the planned use of Yanzentu and its supporting facilities.
Article 26 The tenant shall not decorate the rented public rental housing without authorization. If it is truly necessary to renovate, the consent of the owner of the public rental housing or the operating unit entrusted by it shall be obtained.
Article 27 If the tenant commits any of the following acts, he shall return the public rental housing:
1) Sub-leasing, subleasing or changing the rented public rental housing without authorization;
2) Changing the use of the rented public rental housing;
3) Destroying or renovating the rented public rental housing without authorization, and refusing to restore it to its original state;
4) Engaging in illegal work in public rental housing;
5) Vacant public rental housing for more than 6 consecutive months without a legitimate reason.
If the tenant refuses to return the public rental housing, the municipal and county-level people's housing security departments shall order it to return it within a time limit; If it is not returned within the time limit, the competent department of people's housing security at the municipal and county level may apply to the people's court for compulsory enforcement in accordance with law.
Article 28: Municipal and county-level departments in charge of people's housing security shall strengthen supervision and inspection of the use of public rental housing.
The owner of public rental housing and its entrusted operating unit shall inspect the tenant's use of public rental housing, and if it is found that there is a violation of the provisions of these measures, it shall be dealt with in a timely manner in accordance with law or reported to the relevant departments.
Article 29 Where a tenant is in arrears of rent for more than 6 months, he or she shall vacate the public rental housing he has rented; If they refuse to vacate the public rental housing, the owner of the public rental housing or the operating unit entrusted by it may file a lawsuit with the people's court to demand that the tenant vacate the public rental housing.
Article 30 If the lease expires and needs to be renewed, the lessee shall apply to the municipal and county-level people's housing security departments 3 months before the expiration of the lease.
Municipal and county-level departments in charge of housing security shall, in conjunction with relevant departments, review whether the applicant meets the conditions. If the conditions are met, the lease shall be renewed and the lease renewal contract shall be signed.
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Legal analysis: If you don't want to rent a house with liquid min, you can sublet it out, but the sublease must be approved by the owner of the house.
Legal basis: Article 716 of the Civil Code of the People's Republic of China The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor continues to have the effect of making trouble; If a third party causes the loss of the leased property, the lessee shall compensate for the loss.
If the lessee subleases without the consent of the lessor, the lessor may terminate the contract. Article 717 Where the lessee subleases the leased property to a third party with the consent of the lessor, and the term of the sublease exceeds the remaining lease term of the lessee, the agreement on the excess part shall not be legally binding on the lessor, unless otherwise agreed between the lessor and the lessee. Article 718 Where the lessor knows or should know that the lessee is subleased, but does not raise an objection within six months, it shall be deemed that the lessor agrees to the sublease.
Article 719 If the lessee is in arrears of rent, the sub-lessee may pay the rent and liquidated damages on behalf of the lessee, except where the sublease contract is not legally binding on the lessor. The rent and liquidated damages paid by the sub-lessee on behalf of the sub-lessee can be offset against the rent that the sub-lessee should pay to the lessee; If the amount of rent payable is exceeded, it may be recovered from the lessee.
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