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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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According to Article 224 of the Contract Law [Sublease] 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 97: [Legal Consequences of Contract Termination]After the contract is terminated, if the contract has not been performed, the performance shall be terminated; If it has already been performed, the parties may request restitution, take other remedial measures, and have the right to claim compensation for losses according to the performance and nature of the contract.
According to the above provisions, you must have the consent of the landlord to sublet to someone else, otherwise he has the right to terminate the contract. But if he doesn't ask to terminate the contract, then the contract you signed with the landlord will continue to be valid. If the landlord agrees, the contract you signed with the landlord will continue to be valid for the agreed period.
Of course, in this case the contract you sign with the person who subleases your house is valid, and if he damages the house, he will pay for it.
However, if you do not have the landlord's consent, the contract between you and the person who subleases your house is valid, but when the landlord takes back the property, you will be liable for breach of contract to the person who subleased your house because you have not fully fulfilled your obligations under the rental contract (to give the house to the subtenant).
To sum up, if you sublet without the landlord's consent, he has the right to take the house, but if he doesn't offer to take the house, it's fine, or you can talk to him and ask him to agree to your sublet (of course, increase the rent to the landlord depending on the situation) then it's fine.
Maintenance of the Leased Property] The lessor shall perform the maintenance obligation of the leased Item, unless otherwise agreed by the parties.
Article 221 [Maintenance of Leased Property] The lessee may request the lessor to repair the leased property within a reasonable period of time when the leased property needs to be repaired. If the lessor fails to perform the maintenance obligation, the lessee may repair it by itself, and the maintenance cost shall be borne by the lessor. If the use of the leased property is affected by the maintenance of the leased property, the rent shall be reduced or the lease term shall be extended accordingly.
This means that if there is no special agreement in your contract with the landlord, then the obligation to repair the house belongs to the landlord. If he doesn't have to do it, you can do it yourself and ask for a reduced rent or an extension of the lease.
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Article 224 of the Contract Law provides that the lessee may, with the consent of the lessor, sublease the leased property to a third party. Lessee subleases.
The lease contract between the lessee and the lessor continues to be valid, and if a third party causes losses to the leased property, the lessee.
Damages should be compensated.
If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.
The above is the relevant provisions of the Contract Law, and you should pay attention to the form of payment of rent when you sublease.
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1. Confirm the identity of the lessor and the lessee;
2. Pay attention to check the list of facilities in the house;
3. Pay attention to the rent and payment method;
4. Pay attention to the liability for breach of contract;
5. Pay attention to keep a copy of the contract;
6. All written promises shall prevail, and oral promises shall be invalid;
7. Long-term and short-term leases should be explained in advance, and the sublease agreement can also be set in advance;
8. Clarify the amount, method and time of payment of rent and water, electricity and gas bills.
When the rental contract is signed, it is not signed by the owner himself, and it is an invalid contract. A housing lease contract refers to an agreement signed by a housing lessor and a lessee when leasing a house to clarify the rights and obligations of both parties. Unless there is a commission, it is valid if it is signed by the owner's wife, that is, it is valid if it meets the conditions.
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Hello: First, whether it was agreed in the previous contract that it was not allowed to sublet.
2. If it has been agreed that no sublease shall be allowed, the landlord's oral agreement is not acceptable, and a written agreement shall be formed.
3. In the case of sublease, the handover should be done, including the handover of the goods and the duty of care.
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Based on what you've provided, you're subletting and with the landlord's consent, so:
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 a third party causes losses to the leased property, the lessee.
Damages should be compensated.
If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.
As long as you have a contract between the landlord and the subletting company, and it proves that it is a sublease and has the landlord's consent.
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