Question 10 of whether to lease a fa ade room

There are 2 risks you currently have.

Clause. 1. If B subleases the house to you without A's consent, the family has the right to terminate the contract.

According to what you say, you are subleasing from C's hands, not from A or B's hands.

According to Article 224 of the Contract Law, 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 the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

Therefore, if C's act of subleasing is not approved by A and B, both A and B have the right to terminate the contract.

My advice to this is:

According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over Urban Housing Lease Contracts".

Article 16 Where the lessor knows or should know that the lessee is subleased, but does not raise an objection within six months, and requests to terminate the contract or determines that the sublease contract is invalid on the grounds that the lessee has not consented, the people's court shall not support it.

Therefore, it is advisable to communicate directly with A and B before you confirm the lease and ask them to sign a written undertaking agreeing to the sublease of C. If A and B are unwilling to issue, you can send a letter in writing, and if they do not raise an objection within 6 months after the letter is served, it will be deemed to have agreed to the transfer.

Clause. 2. Even if your lease contract is valid, but your actual lease period exceeds the remaining lease period (2 and a half years) of B, your period of more than 2 and a half years will be invalid.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts

Article 15 When the lessee subleases the leased house to a third party with the consent of the lessor, if the sublease term exceeds the remaining lease term of the lessee, the people's court shall find that the agreement in excess is invalid. Unless otherwise agreed between the lessor and the lessee.

Since B's remaining tenancy period is only two and a half years, A has the right to repossess the property if you exceed two and a half years.

In your current situation, A will not agree to your lease renewal right now. In this regard, since C has charged you a transfer fee of 140,000 yuan, you can ask him to guarantee that your actual lease period is not less than how many years, and agree that if your actual lease period is less than the agreed number of years, C will bear the liability for breach of contract. At the same time, let B provide real estate, cars and other things as mortgage guarantees.

This way, you will be less at risk.

Your fears are justified and risky.

Do the math how much it will cost you to renovate your home

Due to the high level of shops**, many people will run their business by leasing a storefront. However, for newbies, the leasing of the façade is also tricky. So how to determine that the rental façade is the landlord?

How to be sure that the rental façade is the landlord:

First of all, the lessor can provide the façade of the property right certificate and the sales contract, and if possible, it is best to go to the local real estate management center to check the file. However, if it is a self-built house, it is necessary to check whether the real estate certificate is consistent with the ID card. In addition, when signing the contract, it is necessary for the other party to agree on the responsibilities as the landlord.

What to pay attention to when renting a façade for the first time:

1. The customer's business ability.

First of all, when renting out the storefront, it is necessary to take into account the operating ability of the operator, etc., and it is best to find a chain brand merchant, so that not only the business is stable, the rental income is normal, but also the vacancy period of frequent transfer of the store. On the other hand, if the operator's ability is limited, it will be mismanaged, resulting in disputes such as rent loss.

2. Rent payment standard.

Secondly, the payment method of façade rent should be clearly included in the contract, such as the amount of deposit, security deposit, rent payment cycle, etc. In addition, the default clause should also be detailed, and a specific percentage can be listed, such as a percentage of the rent.

3. Compensation for losses.

Finally, there should be relevant provisions for the compensation for the loss of the façade, such as the tenant's violation of business rules or damage to the façade, etc., all need to bear the corresponding fines. In addition, it is best to give the tenant an appropriate rent-free, convenient for decoration, commissioning, etc., the general rent-free period is about 1-6 months, and the landlord can decide the time of the rent-free period according to the degree of newness of the façade.

Summary: The above is the relevant content of how to determine how to rent a façade for you and what to pay attention to when renting a façade for the first time, hoping to help friends in need.

Enter the area and get the decoration for free**].

Enter the area and get the decoration for free**].

1. How to resolve disputes over façade lease contracts.

1. If the parties to the housing lease have a dispute due to the lease of the house, they shall resolve it through negotiation;

2. If the negotiation fails, the civil lawsuit or application for arbitration settlement fails, the civil lawsuit or application for arbitration settlement shall be in accordance with the civil lawsuit or arbitration settlement agreed in the housing lease contract.

1) Application for arbitration for settlement Arbitration is a legal way to apply to the arbitration commission for dispute resolution when contract disputes or other property rights and interests disputes arise between citizens, legal persons or other organizations. However, if the parties use arbitration to resolve the dispute, the parties shall voluntarily agree in the contract in advance or reach an arbitration agreement afterwards. If there is no prior agreement in the contract, and the parties do not reach an arbitration agreement afterwards, the arbitration commission will not accept the application for arbitration if one party applies for arbitration.

On the contrary, if the parties have agreed in the contract in advance, or have reached an arbitration agreement afterwards, one party will file a lawsuit with the court, and the court will not accept it. Arbitration has the effect of a judicial act, and once the judgment takes effect, the parties may not file a lawsuit in the people's court for the same dispute.

2) Civil litigation settlement: If the parties agree on litigation settlement in the housing lease contract or fail to reach an arbitration agreement after the dispute arises, they can directly file a civil lawsuit with the people's court. If the party to the lease violates the relevant provisions and the lease contract is invalid, it shall bear civil liability in accordance with the law. If one of the parties to the lease fails to perform its obligations under the relevant laws, resulting in the termination of the lease contract, the party that fails to perform the prescribed obligations shall bear civil liability in accordance with the law; Where property damage or personal injury is caused to the other party or a third party, liability for compensation shall be borne in accordance with law.

2. What are the main aspects of the dispute over the façade lease contract?

1) Compensation for damage to the house;

2) Compensation for personal or property damage;

2. Rent payment disputesThis is the most common type of dispute. There are generally three ways to deal with a dispute over rent payment:

1) The two parties to the lease agree that either the tenant will pay the rent in a timely manner, or the landlord agrees to defer the payment, and no other aspects of the lease contract will be involved;

2) While solving the problem of how to pay the arrears of rent, the two parties to the lease should also settle the liability for breach of contract arising therefrom on the premise of distinguishing the responsibilities and continue to perform the lease contract;

3) Termination of the lease contract. This is mainly due to the loss of the basis for the two parties to continue to perform the contract, or the termination of the contract by mutual agreement between the two parties, or the termination of the lease relationship by one party suing.

3. Other disputes: In addition to the above-mentioned liquidated damages and damages disputes, there are also disputes over the priority of real estate leases, sublease disputes, disputes over the change of housing use, and disputes over the inability of the lessee to oppose a third party due to the unregistered lease contract. It can be seen that there are many situations that give rise to disputes over façade lease contracts, such as disputes over damages, rent payments, etc. It is not terrible to have a conflict, and the two sides should properly resolve it, and it is best to resolve it through negotiation.

If this is not possible, the parties will then mediate or apply for arbitration through a third-party institution. Here is a reminder that when signing a façade lease contract, you should pay attention to the clear terms and conditions to reduce the probability of disputes.

The precautions for renting a façade are:

1. When signing the contract, the lessee must first check the real estate certificate of the lessor, and the land is suspected of using the right certificate.

2. The tenant also needs to check whether the leased property has been mortgaged.

3. During the lease period, if the company as the lessor has bankruptcy, enterprise transformation, company closure or cancellation, etc., how to remedy it, and how to compensate the lessee for the economic losses arising from the inability to continue to lease the house.

4. During the lease period, after the death of the tenant as a natural person, whether the family members living together can continue the original housing lease contract and continue to live and use the house.

5. In the housing lease contract, it is required to indicate the address of the house where the hail is located, the number of rooms and floors of the house, the building area letter, the number of the real estate certificate, and the planning red line map of the real estate and the floor plan of the real estate as an annex to the contract.

6. The delivery time of the house shall be agreed in the contract.

According to the sixth paragraph of Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate, the ownership certificate shall not be transferred without registering in accordance with the law.

Nowadays, many people choose to operate shop facades for independent business, facades generally refer to the first floor, but leasing a façade room is not a simple matter, so, what should we pay attention to when leasing a façade room? What is the process of leasing a façade room? What is included in the lease of the façade house contract?

Let's take a look.

1. What should be paid attention to when leasing a façade room.

1. Investigate the property rights of the shop.

Confirm whether the shop is a commercial building, ensure that the property can be legally used in the future, and apply for a business license.

2. Understand the geographical location of the store.

Find out if the structure of the shop is sturdy, whether the equipment is complete, and whether the location meets your needs.

3. Verify the owner of the house.

Find out whether the shop is the operator itself, whether it is subleased by others, whether there is a co-owner, whether it has the right to rent the house, whether there is a dispute over the property rights of the house, etc.; Ask the property owner to determine the authenticity of the property owner and carefully check the property ownership certificate.

2. What is the process of leasing a façade room?

1. Investigate the surrounding housing prices and increase the lease time appropriately to reduce the possibility of increasing the rent.

2. Negotiation. Understand the existing basic condition of the shop, negotiate with the landlord, and request basic renovation and maintenance of the façade.

3. Responsibility attribution.

Before signing the contract, go to the public security organ to verify whether the name of the shop owner, the shop area, the rent, and the lease period of the tenant are true.

4. Sign the lease contract of the façade room.

3. What is included in the contract for leasing the façade room.

1. The description of the leased façade includes the construction area.

2. The purpose of rental housing.

3. Lease term.

4. Rent and payment methods.

5. Party A's rights and obligations.

6. Party B's rights and obligations.

7. Lease renewal. 8. Modification and termination of the contract.

9. Liability and compensation for breach of contract.

Summary: What to pay attention to when leasing a façade room, what is the process of leasing a façade room and what knowledge is included in the contract of leasing a façade room, I hope it can help you, if you need to know more, please continue to pay attention to Qeeka Home.

Legal Analysis: Write the following information:

1. The location of the shop (and write the surrounding business conditions);

2. Shop traffic;

3. Shop rent;

4. Shops**;

5. Contact** and contact person.

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.

Approved.