How to sign a sublease contract to protect your rights and interests

Both of you must agree to the lease, but you must get the consent of the lessor, if the lessor does not agree to sublet. It's going to be a hassle. If you still have questions, you can search for ** in my name, there are many lawyers out there who offer free ** consultations.

Sublessee (Party A).

Lessee (Party B).

Article 1 Basic Overview.

With the consent of the lessor, the sublessee subleases all square meters of the floor of the building located in the city (house number) and the entire square meter of the upper floor with the lessee for residential use.

Article 2 Term of sublease.

From the date of xx-xx to the date of xx-xx, the year is counted.

Article 3 Rent.

1.The monthly rent is in RMB, to be paid before the day of each month.

2.The deposit is RMB, which will be returned without interest upon the return of the property at the end of the sublease period.

Article 4 Restrictions on the use of subleased property.

1.This sublet is for residential purposes.

2.Without the consent of Party A, Party B shall not sublease, lend, or transfer all or part of the subleased house, or use the subleased house by others in other disguised ways.

3.Party B shall immediately transfer and return the subleased premises at the expiration of the sublease period, and shall not request Party A for relocation fees or any fees.

4.The sublet house shall not be used illegally; or the storage of dangerous goods affects public safety.

5.If there is a need to modify the facilities of the subleased house, Party B may install it by itself after obtaining the consent of Party A, but shall not damage the original building, and Party B shall be responsible for restoring the original state when returning the subleased house.

Article 5 Burden of Danger.

Party B shall use the subleased property in the manner of a good manager, and shall be liable for damages for damages caused by the negligence of Party B, except in irresistible circumstances such as natural disasters and natural disasters. If it is necessary to repair the subleased house due to natural damage, Party A shall be responsible for repairing it.

Article 6 Liability for breach of contract.

1.If Party B uses the subleased house in violation of the agreed method, or is in arrears of rent for more than two installments, and still fails to pay within the time limit after being urged by Party A, Party A may terminate the lease agreement without waiting for the expiration of the sublease term.

2.If Party B fails to return the premises upon termination of the lease or the expiration of the sublease term, Party B shall pay liquidated damages calculated at 1 time of the rent from the next day after the termination of the lease or the expiration of the sublease.

Article 7 Other Special Matters.

1.Party A is responsible for the taxes and fees of the subleased house, and Party B is responsible for the water and electricity bills.

2.When Party B moves out, if the furniture and sundries left behind are not moved, it will be regarded as discarded and can be disposed of by Party A.

3.If Party B is looking for a person, it shall be jointly and severally liable with the guarantor.

4.If the sublease term of this contract has not expired, one party must obtain the consent of the other party when it intends to terminate the lease.

Article 8 The lessor shall agree to the sublease of a part of the leased house to the lessee.

This contract shall be executed in four copies, one copy of which shall be held by the parties and the joint guarantors.

Party A (Signature) Party B (Signature).

Joint guarantor:

YYYYYYYYYYYYYYYYY

Reference to the sample sublease contract.

Party A (lessor):

Representative:

Party B (Lessee):

ID Number:

Party C (Sub-Lessee):

Representative:

Legal Analysis: Written Suiliang contract is used to the best of your knowledge. Detailed agreements on the geographical location of the house, the area, quantity, use, lease term, payment method of deposit and rent, and liability for breach of contract.

According to the law, if the lease term is more than six months, a written contract shall be adopted.

Legal basis: Article 469 of the Civil Code of the People's Republic of China The parties may conclude a contract in written, oral or other forms.

Legal analysis: In order to avoid the issue of invalidity of the sublease contract, the lessee needs to obtain the consent of the lessor before subletting. If the lessee subleases with the consent of the lessor, the sublease is valid; If the sublease is carried out without authorization, the lessor may terminate the contract, and the sublease shall have no effect.

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 If 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.

Recently, a friend had such an experience: he had a house to rent to someone else, both parties signed a contract, a year later, the friend found out that the house had been subleased to another person, the friend was very dissatisfied, so he went to the first tenant to reason, the two sides were deadlocked, and finally even went to court. In this case, a key point was found to be the "validity of the sublease contract", if the sublease contract is valid, the friend loses the lawsuit, and if the sublease contract is invalid, the friend wins the lawsuit.

So, what exactly is the winner? Let me explain them one by one.

What is a sublease contract

To put it simply, if Party A's tenant wants to rent the landlord's house, the landlord signs a lease contract with Party A, and the contract is valid.

During the period, Party B's tenant took a fancy to the house, so Party A subleased the house to Party B, and the lease contract signed by Party A and Party B was transferred.

Lease contract. One of the advantages of this sublease method is that it not only ensures that Party A will not be subject to the breach of the contract and causes monetary losses, but also satisfies Party B.

demand, but this method has certain limitations, that is, the terms in the sublease contract cannot conflict with the lease contract, and the validity period must also be.

Must be within the validity period of the rental contract.

What is the validity of a sublease contract

The so-called validity of the sublease contract is a kind of legal meaning for both parties after the sublease contract signed by Party A and Party B takes effect.

Binding, i.e. a sublease contract that has entered into force is protected by law.

How to determine whether a sublease contract is valid

In my friend's case, the validity of the sublease contract is partly determined by "whether the landlord is aware of the sublease".

The impact of this problem. If the first tenant signs a sublease contract with the second tenant, the first tenant has informed the landlord.

If you do this sublease and get the landlord's permission at the first time, the sublease contract should be valid, in this case, friend.

will lose the case; If the first tenant did not notify the landlord when signing the sublease contract, that is, the landlord did not know about it, then the transfer.

The lease contract shall be deemed null and void.

There is also a situation where the first tenant does not have the landlord's consent when the sublease contract is signed, but the landlord is aware of it.

Later, he did not say anything to prevent the occurrence of this sublease, nor did he terminate the contract with the first tenant at the first time, which is at the legal level.

The landlord has acknowledged the fact of the sublease, that is, the sublease contract is valid.

In leasing and subleasing behaviors, we all need to be clear about our position and role in these behaviors, and we also need to recognize what circumstances.

The contract will be valid, this must be clarified, otherwise, the invalid contract will have a certain impact and loss on yourself and others.