Whether the unauthorized sublease contract is valid, and whether the unauthorized sublease contract

Article 224 of the Contract Law of the People's Republic of China stipulates: ".

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 lessee shall continue to be valid, and if a third party causes damage to the leased property, the lessee shall compensate for the loss. If the lessee subleases without consent, the lessor may terminate the contract.

A sublease contract cannot be held invalid as a matter of course because it has not been approved in advance by the lessor. Because the Contract Law clearly stipulates that there must be mandatory provisions of laws and administrative regulations to determine that a contract is invalid, the lessor may or may not terminate the contract at will for the act of subleasing without authorization, and the law does not prohibit subleasing without exception.

The sublease contract cannot be held invalid because the lessor does not agree to the sublease. Before the lessor terminates the original lease contract, both the original lease contract and the sublease contract are valid, except that the sublease contract only binds the sublessee and the sublessee. Even if the lessor terminates the contract, the sublease contract is still binding on both parties, and the sublessee can claim that the sublessee bear the liability for compensation according to the provisions of the sublease contract.

The lessor's claim to rescind the sublease without agreeing to the sublease will only result in the termination of the sublease contract from the time the lessor makes such a claim. One of the effective requirements for a sublease is the effective existence of the lease contract, that is, the sublessee has the right to lease. With the dissolution of the original lease relationship, the lessee no longer has the right to lease, and the sublease contract cannot be performed, and the transfer contract loses the basis for its existence.

But this only means the termination of the sublease contract, not its invalidity.

Hello, the sublease contract of unauthorized sublease is invalid.

Legal analysis: There is no clear provision in law on whether the unauthorized sublease contract is valid, but in practice, the vast majority of practices are that the sublease contract established in accordance with the law is valid, which is binding on both the sublessee and the sub-lessee, and once a party breaches the contract, Huimin needs to bear the liability for breach of contract. If the lessor claims that the sublease contract signed by the lessee without consent is invalid, the people's court will not support it, that is, the sublease contract should be valid.

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.

The unauthorized sublease contract is invalid. If the contract is not actually performed, the lessor shall return the rent collected to the lessee, and the lessee shall return the premises to the lessor; If the two parties to the contract have actually been performed, they can negotiate and resolve the contract, and if they cannot reach an agreement, the law may confirm that the contract is invalid.

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.

Legal analysis: if the lessor agrees to sublease, the sublease contract is valid from the beginning; If the lessor does not agree to the sublease, the lessor has the right to terminate the lease contract, and the sublease contract is invalid from the beginning, and the lessee shall bear the liability for breach of contract.

Legal basis: "Civil Code of the People's Republic of China".

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own failed merger that it does not perform its contractual obligations, the other party may request it to bear liability for breach of contract before the expiration of the performance period.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, interest, or other monetary obligations, the other party may request payment.