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Party A's ID number.
Party B's ID number.
Party B leases the house where Party A is located for a period of one month and a monthly rent.
Payment method: (monthly, quarterly, semi-annually, annually, specific payment time.)
The current situation of the house is leased, and the expenses incurred in the process of living in the house shall be borne by Party B.
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Contracts are not concise, they are all complex.
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10.How to write a rental contract?
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1.If the lease period has expired, Party A shall lease the lease at the rate of 40% of Party B's increased rent. Unclear expression.
The amount of rent for the renewal of the lease after the expiration of the lease term can be agreed, but it should be clearly agreed, and the contract term has been agreed to be one year, and the contract has been terminated normally after one year. You can try to extend the lease term and determine different rents for different lease periods. Otherwise, the rent standard and lease term after the expiration of the term will be a hidden danger of dispute;
And this article also contradicts Article 6.
2.There is no agreement on housing facilities, housing structure, etc. There is also no agreement on heating bills;
3.There is no clear agreement on the decoration, such as the decoration standard, the decoration cost, the requirements, the ownership of the decoration objects, etc. If you don't decorate, this problem naturally doesn't exist.
4.The most important point is that the house is subleased, which should be approved by the owner of the house, and should be specifically agreed upon and signed by the owner. Or the original lessee attaches all written materials agreeing to the sublease.
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1. The sublease must be agreed by the original lessor (i.e., the owner or the owner's authorized person), otherwise the sublease contract is invalid. 2. It is best to write "deposit", so that once the other party breaches the contract, the performing party has the right to demand double the return of the deposit. 3. Some of the words are not clear, such as "Party A leases according to 40% of Party B's increased rent".
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1. Why is it called a sublease contract? (Housing lease contract).
2. Is Party A the lessee?
3. Is Party B the property owner? (If Party B is not the property owner, it has no right to rent) 4. If the lease period has expired, Party A will lease 40% of Party B's increased rent (what does it mean).
5. Is there a property right certificate as an attachment?
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How to sign a lease agreement.
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Suppose your landlord's landlord is Party A, your landlord is Party B, you are Party C, Party A and Party B have the lease relationship first, and Party B and C have a sublease relationship.
1. Article 224 of the Contract Law stipulates that 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. If the lease contract of Party A and Party B stipulates that sublease is not allowed, then the lease contract between Party B and Party C is invalid and Party A can terminate it. If there is no agreement in the contract on whether to agree to sublease, you can find Party A and sign a lease contract directly with Party A.
2. The second paragraph of Article 53 of the Contract Law is rejected: the following exemption clauses in the contract are invalid: the property loss of the other party is caused by intentional or gross negligence.
In the contract between Party B and Party C, Party B stipulates that Party B may terminate the contract at any time in the name of self-use, and Party C shall not be compensated. Party B is exempt from its own liability for obvious intention, and Party C is exempt from liability for any losses that may be caused. Therefore, this article is invalid.
3. This contract obviously violates the principle of fairness and equivalent compensation of the contract, so this contract is not legal, and of course you cannot sign it. However, due to the upfront investment, terminating the contract is not good for you, so the best solution is to sign a long-term contract directly with Party A.
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It's not clear, did you rent someone else's house and renovate it for investment?
Why is there a "landlord and his landlord"? Could it be that you are renting to a "second landlord"? You're too unaware of that.
Is there anything special in your previous contract with the landlord?
Have you had the landlord's consent or have any other special agreements? If not, I'm afraid I'll be at a disadvantage.
Anyway, let's make the situation clearer first
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First of all, the three-and-a-half-year lease you signed has expired and there is no breach of contract. Secondly, the "overlord clause" you call in the new contract is actually just the normal contract clause proposed by the other party, not the overlord clause (the overlord clause refers to the unfair situation of the standard clause, such as the clause that has been drawn up before signing the contract with the telecommunications company) and you can negotiate if you think it is inappropriate or inappropriate, and you can not sign the contract if the negotiation fails, and you are not coerced to sign the contract. Thirdly, it is unfair to you that you think that the renovation you have invested in has not been recovered, and it is obviously unfair if this is released during the performance period of that contract of three and a half years, the problem is that the contract has already been fulfilled.
Didn't you only prepare to rent for three and a half years when you rented it, and you didn't think that the other party would continue to sign with you (this can be judged from your words, "because the landlord's lease period is only three and a half years, I signed according to the landlord's lease period"), then you don't have the problem of confiscating the renovation. In the end, there was nothing illegal about the other party's actions.
A personal suggestion, you can sign the contract first, sue the court when you think the investment is recovered, and request the cancellation of the contract while the person is in danger (note that the period is one year, otherwise it will not be accepted from the date of signing the contract) and pay the rent at a reasonable price to return the overpayment, but it is determined that the ** that takes advantage of the danger of the person must be at least 30% higher than the market price. And the success rate is 50%. If you really don't want to, you can try.
Make a personal recommendation.
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Hello, your situation is the same as ours.
My home is what you call your landlord. We signed up with the landlord for 15 years and then we sublet it out ourselves.
It depends on whether you mentioned this clause when you signed the contract with your landlord: the rent is the same every year, and it will not increase; or how much it rises every year; It still rises according to the price of the rent in the same area.
If it is not mentioned, then the problem is more troublesome, and you can ask a third party to intervene.
If it is mentioned in the contract that your landlord does not comply, then you can go to court.
And to be honest with you, your landlord's landlord, if you have not agreed that your landlord can rent, then your landlord rents to you This behavior is illegal.
The inhumane way is that you can find your landlord's landlord, so that he will be unhappy, and he will make money through his house, and he will find trouble with your landlord, then your landlord himself will not trouble you.
Otherwise, you can communicate with the landlord, and if the communication is unsuccessful, you can ask a third party to intervene.
I have to say that since it is such a big investment to open a hotel, this kind of thing should be considered at the beginning, and it should be clearly written in the contract with the landlord.
Ask me if you have any questions, I also encountered this kind of problem when my family subleased out, we have hired a lawyer, and now it is a good solution to hunger, and your situation is the same!!
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In fact, you should sign a five-year contract at the beginning before you can carry out fine decoration!! And then there is the original contract, are you given priority under the same conditions?
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1. The contract can be modified by the court. The legal basis is Article 26 of Interpretation II of the Contract Law. 2. If there is no such agreement, you can directly discuss the lease with the first landlord and request confirmation of the contract in the name of the first landlord.
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The contract is to put it bluntly, (the consensus is unanimous), and if one party does not agree, the contract cannot be formed. What you wrote said that if you sign such a contract with him, it means that you agree to the content of the contract, and it must be legal. Got it?
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The landlord agreed: "Party A can terminate the contract at any time in the name of its own use, and will not compensate you", this agreement is obviously unfair and takes advantage of the danger of others.
1) You can transfer and sell some of the assets you have invested in without signing (2) Negotiate with the landlord, for example, the landlord agrees on the purpose of self-use, and you can ask the landlord to write what kind of self-use purpose. How many days must the landlord notify you of the removal of the property for personal use. You can also play with the landlord on how to pay your rent, such as monthly, quarterly, etc.
3) If the negotiation fails and you want to sign it again, if the landlord asks you to clear the house without compensation with the above terms in the future, you can issue this contract and ask the court to make a judgment that it can be changed or revoked. The landlord will also compensate you according to your actual losses (but this is very risky, so be careful).
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I suggest you ask the professional, you should not get any good results if you ask online.
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Song Bo Li Bo's analysis is too good, admire and admire.
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There is no way around it, and you should take this risk into account when investing.
Housing lease contract.
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