It is not legal for a renter to sublet the house

Legal, but with the relevant formalities!

1. If the sublease of the house is approved by the lessor, it is legal. If the signed contract expressly agrees to sublease or the lessor agrees to sublease although the contract is not stipulated, the lessee may transfer the house to a third party, and the sublease contract has legal effect.

2. 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 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.

2. Consequences of subletting low-rent housing.

In our country, low-rent housing is only rented and not sold, so the tenant only has a certain right to use it during the lease period, but does not have any right to transfer the house. For low-rent housing subletting, the house will be repossessed and a certain fine will be imposed; Personnel of state organs who abuse their powers, derelict their duties, or twist the law for personal gain in the process of building and managing low-rent housing should be investigated for responsibility in accordance with law and discipline, and those suspected of committing crimes should be transferred to the judicial organs for handling; If there is an act of sub-renting, subletting, changing the use of the low-rent housing without authorization, or not living in the low-rent housing for more than 6 consecutive months, the low-rent housing will be repossessed, or the rental subsidy will be stopped.

Those who do not truthfully declare the status of their family's housing, income, population and assets, and fraudulently obtain low-rent housing security, will be ordered to return the rental subsidy, or withdraw from the low-rent housing, and pay the difference between the average market rent and the standard rent of low-rent housing. You are not allowed to apply for low-rent housing security again within 5 years.

Housing sublease refers to the act of the tenant of the house to release the rented house, and the legal sublease must meet two necessary conditions: legal condition 1: the sublease must be approved by the owner of the house.

Subletting is no longer in the category of normal bad credit, and must be agreed by the owner of the house, otherwise it will be invalid. Legal condition 2: The rent of the sublease shall not be higher than the original rent, and it must be reasonably increased, 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.

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 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 of the Civil Code of the People's Republic of China 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. Article 718 of the Civil Code of the People's Republic of China provides that 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.

It is not legal to sublet out a rented house if the following conditions are met: (1) The sublet must be approved by the owner of the house. Subletting is no longer within the scope 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 really needs to be reasonably increased, and the increased income shall be handed over to the owner of the house.

[Legal basis].According to Article 716 of the Civil Code implemented in 2021, the lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases the lessee, 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.