Can the tenant sublet the house, and the legal responsibility for subletting the house

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, and if the third party causes losses to the leased property, the lessee shall compensate for the losses. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

Article 3 of the Measures for the Administration of Urban Housing Leasing stipulates that the lessee may, with the consent of the lessor, sublease the leased house in accordance with these Measures. According to the provisions of the above two laws and regulations, the tenant can sublease the house, but the consent of the lessor should be obtained in advance. Therefore, the parties should clearly agree on the terms of the sublease in the lease contract, and the lessor may attach some necessary conditions to the sublease, as long as it does not violate the provisions of laws and administrative regulations.

In summary, the act of subleasing requires the permission of the landlord, and the landlord generally needs to sign the sublease contract; The term of the sublease does not exceed the term of the lease you have undertaken. Legally, the validity of the rental contract of the second landlord is a contract whose validity is to be determined, which mainly depends on whether the agreement between the second landlord and the landlord can be subleased, and if there is an agreement, or if the landlord agrees afterwards, it is legal and valid. Legal basis:

Article 224 of the Contract Law 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 shall continue to be valid, and if the third party causes losses to the leased property, the lessee shall compensate for the losses. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

Article 11 of the Administrative Measures for the Leasing of Commercial Housing: If the lessee subleases the house, it shall be subject to the written consent of the lessor. If the lessee subleases without the written consent of the lessor, the lessor may terminate the lease contract, take back the premises and require the lessee to compensate for the losses.

It is possible to sublet the responsibility rests with the landlord. Rent with confidence.

The editor-in-chief also consulted the pedestrian, who said that it was not recommended to sublease, and if the lessor found out, it would be bad if there was a dispute in the future.

The tenant is not allowed to sublet the premises if:

1) The lessee is in arrears with the lessor's rent;

2) The lessee carries out the act of subleasing without the consent of the lessor;

3) The tenant erects the stool in the rented house without permission.

4) The sublease carried out by the lessee exceeds the remaining lease term.

Legal basis:Article 716 of the Civil Code.

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.

If the lessee subleases the leased property to a third party with the consent of the lessor, and the sublease term 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.

1. Whether it is legal to sublease the house.

Housing sublease refers to the act of the tenant of the house to rent out the house that has been rented well. Whether the tenant is legal to sublet the property depends on the specific circumstances, specifically, the legal sublease must meet the following conditions:

1. Sublease is subject to the consent of 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.

If there is a situation where sublease is not allowed, the lessee's sublease is not lawful. There are several circumstances under which sublease is not allowed:

1. The tenant shall not sublet the house in arrears of rent;

2. The tenant shall not sublease the house built without authorization in the rented house;

3. Pre-leased commercial housing shall not be subleased;

4. The house that is rude against the will of both parties and the two parties have not reached an agreement after joint discussion shall not be subletted;

5. If there is no agreement in the lease contract that it can be subleased, and the lessor does not agree to sublease, the lessee shall not sublease the house without authorization.

2. Can the tenant sublet the house?

The law states that a tenant can sublet a house, provided that the following conditions are met:

1. During the lease term, the lessee must obtain the consent of the lessor, the lessor can obtain income from the sublease, the lease contract between the lessee and the lessor continues to be valid, and the lessee shall compensate for the loss caused by the third party to the leased house;

2. A sublease contract shall be concluded, which may be signed jointly by the three parties or signed by both the lessee and the sublessee with the consent of the lessor;

3. The termination date of the sublease contract shall not exceed the termination date stipulated in the original lease contract, unless there is an agreement between the lessor and the sublessee;

4. After the sublease contract comes into effect, the sublessee shall enjoy and assume the rights and obligations of the lessor stipulated in the original lease contract, and shall perform the obligations of the lessee stipulated in the original lease contract, unless otherwise agreed between the lessor and the subleaser;

5. During the sublease period, the original lease contract is changed, rescinded or terminated, and the sublease contract is also changed, rescinded or terminated.

1. Can the tenant sublet the house?

The tenant can sublet the property with the consent of the lessor. During the lease period, the tenant may sublease the leased premises in whole or in part with the written consent of the lessor or as agreed in the lease contract. Houses under any of the following circumstances are not allowed to be subletted:

1. The lessee is in arrears of rent; 2. The tenant erects it in the rented house without authorization. If a house that has not obtained a "Housing Lease Public Security Permit" is subleased to a migrant person within the territory, the subtenant shall apply to the district or county public security agency where the house is located and obtain a "Housing Lease Public Security Permit".

2. What are the obligations of the lessee?

The obligations of the lessee are:

1.Pay rent.

2.Use the leased property in accordance with the agreed method. If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased object, it shall not be liable for damages because it is normal wear and tear.

If the lessee does not use the leased property in accordance with the agreed method or according to the nature of the leased object, resulting in the loss of the leased object, it is a breach of contract by the lessee, and the lessor may terminate the contract and claim compensation for losses.

3.Take good care of the leased property. The lessee shall take good care of the leased property with the care of a good manager, and if Ling Weijing fails to fulfill the duty of proper custody and causes damage or loss to the leased property, he shall be liable for damages.

3. Can the lessee terminate the contract in advance?

The lessee can terminate the contract early. If the parties reach a consensus through consultation, the contract may be terminated in advance. If the parties have agreed on the early termination of the contract when signing the housing lease contract, the contract can also be terminated in advance when the conditions for termination of the contract have been agreed upon by both parties.

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 shall continue to be valid; If the third person 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.

The tenant does not need the consent of the other tenants to sublet the house, but the consent of the lessor.

1.The lessee's act of subleasing without the consent of the lessor is invalid.

2.If the lessee needs to sublease the rented premises, the leased property may be subleased to a third party with the consent of the lessor.

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

Article 716 of the Civil Code.

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.

1. Conditions for sublease.

1.The lease term agreed in the lease contract shall not exceed 20 years, and if it exceeds 20 years, the excess part shall be invalid.

2.If the lease term is more than six months, it shall be in written form, and if the parties do not take written form, it shall be regarded as an indefinite lease.

3.With the consent of the lessor, the lessee may sublease the leased property to a third party, and the original lease contract shall continue to be valid, and if the third party causes losses to the leased property, the lessee shall compensate for the losses.

4.If the lessor leases the house, it shall notify the lessee within a reasonable period of time before the sale, and the lessee has the right of first refusal under the same conditions.

II. Obligations of the Lessor.

1.Delivery of the rental property. The lessor shall deliver the leased property at the time and in the manner agreed in the contract.

If the use of the thing is necessary for the delivery of possession, the lessor shall deliver it to the lessee for actual possession and use in accordance with the agreement. If the use of the thing is not necessary for the delivery of possession, the lessor shall put it in a state where the lessee can use it. If the leased property is already in the direct possession of the lessee at the time of the conclusion of the contract, the lessee shall have the right to use the leased property from the time of delivery agreed in the contract.

2.Maintain the leased property for the agreed purpose during the lease period. The lease contract is a continuing contract, and during its existence, the lessor has the obligation to continue to maintain the statutory or agreed quality of the leased property, so that the leased property is in line with the agreed state of use income.

In the event of deterioration of quality that damages the lessee's use income or other rights, it shall be repaired and restored to its original state. If the use and income of the lessee are affected by the repair of the leased property, the lessor shall reduce the rent or extend the lease term accordingly, except for those that should be repaired by the lessee according to agreement or custom, or the damage to the judgment of the leased property is caused by the fault of the lessee.

3.Warranty against defects. The lessor shall guarantee that the leased object delivered can be used normally and profited by the lessee in accordance with the contract, that is, the subject matter delivered must be suitable for the agreed purpose.

Legal analysis: (1) The lessee may, with the consent of the lessor, sublease the leased premises to a third party; (2) If the lessee subleases without the consent of the lessor, the lessor may terminate the contract and may require the lessee to bear the liability for breach of contract.

Legal basis: Article 711 of the Civil Code of the People's Republic of China If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased object, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.