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Contract Law of the People's Republic of China.
Chapter 13 Lease Contract.
Article 212 [Definitions] A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.
Article 213 [Contract Contents] The contents of the lease contract include the name, quantity, use, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.
Article 214: [Lease Term] The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid.
At the expiration of the lease term, the parties may renew the lease contract, provided that the agreed lease term shall not exceed 20 years from the date of renewal.
Article 215: [Form Requirements]Where the lease term is more than six months, it shall be in writing. If the parties do not adopt the written form, it shall be regarded as an indefinite lease.
It depends on whether you discuss with the landlord or sign the agreement, and the verbal one is generally more than a month.
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Looking at the landlord, sometimes it takes a long time to meet a good temper.
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It depends on the owner, if you rent it for a month, the owner agrees. There is no too accurate answer to this 、、、
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Depending on the landlord's requirements, it is generally half a year or a year to save trouble, and occasionally you can rent it for three months, which is relatively rare!
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The maximum leaseable period of the leased office building shall not exceed 20 years, and the excess part shall be invalid, but after the expiration of the lease, the lease may be renewed according to the circumstances of the parties, and the lease period shall not exceed 20 years.
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The lease term of the office building is 20 years, but we have the right of first refusal to renew the lease if we feel that the lease period is too short, we can renew the lease several times, and the term of each time can not exceed 20 years.
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First of all, office rents are negotiated on a per square meter per day. For example, the ** of an office building is "RMB 5 per square meter per day". The office building is often a large property certificate, and each specific lease part does not have a specific property right division, and the tenant's leased area can be negotiated with the developer.
Therefore, the rent must be calculated according to the actual leased area, which is why the above ** practice has been formed. Customers who lease office buildings for the first time must pay attention to this point and calculate their true rental costs according to this method, so as to make reasonable judgments.
Secondly, in the process of office leasing transactions, the property management fee is the most important expense in addition to the rent, because the environment and service quality of an office building are directly related to the management level of the property management company. The fees charged by various property management companies are often high and low, so when leasing an office building, the level of property management fees and the payment method should be clarified in advance. In addition, it is also necessary to clarify the specific services included in the property management fee.
Under normal circumstances, the property management fee should include the cleaning of public areas and exterior walls, the maintenance and warranty of public facilities (such as elevators, etc.), water and electricity in public areas, the first air conditioning fee during working hours, and security management fees. It should be pointed out that the ** air-conditioning service included in the property management fee is generally only provided during working hours, i.e. from 9 am to 6 pm on weekdays. If you need to provide ** air conditioning during non-working hours, you have to negotiate with the property management company and pay separately.
This is especially important for companies where IT companies have different working hours and working hours than their daily working hours.
Thirdly, when leasing foreign-related office buildings, it is necessary to pay attention to the special features of the leasing object. In addition to leasing foreign-related office buildings to enterprises incorporated in China (including enterprises invested and established by domestic shareholders, and enterprises incorporated in China by foreign shareholders, such as foreign-invested enterprises and Sino-foreign joint ventures), foreign-related office buildings can also be leased to offices established by overseas companies in China that do not have independent legal personality. It is generally common to set up a representative office, office and other institutions for an overseas company.
Non-foreign-related office buildings cannot be leased to offices set up by overseas institutions in China. Whether it is a foreign-related office building must be subject to the approval of the Foreign Trade and Economic Cooperation Commission.
Other issues: business license issues, the contract must make it clear that the lessor can provide relevant materials for the lessee to apply for a business license; In the case of parking spaces, the contract must specify whether the lessor provides parking spaces for tenants to use and whether they charge fees; Capacity problem, some old office buildings may have capacity limitations, for enterprises with large capacity requirements, the problem should be confirmed in advance; On the issue of lease tax burden, the taxes and fees generated by the general lease shall be borne by the lessor, and the lessor shall deliver the tenant's rent invoice. If you have any other questions, you can call Hualu.com for detailed consultation.
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1. The payment method of rent and rent deposit should be agreed in the contract. The rent is generally the contracted price per square meter of construction per month * leased area (there is also a term of net rent in the market, which is contracted according to the carpet area of the leased unit**). It is the industry practice to pay rent by the next payment date, with a one-for-three payment or two-for-three payment.
The deposit will be refunded upon the expiration of the user's lease agreement.
2. Business license issues. The contract must specify that the lessor can provide relevant materials for the lessee to apply for a business license.
3. Parking space problem. The contract must specify whether the lessor provides parking spaces for tenants to use and whether they charge a fee.
4. Agree on the time period during which the rent-free period will be held throughout the lease period. For tenants, try to negotiate the lease to include the rent-free period at the beginning of the lease period. This will save you a portion of your rent.
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The issues that need to be paid attention to when leasing an office building are: pay attention to the name and address of the owner of the office building; Pay attention to the subject matter, quantity, quality, price or remuneration of the lease contract of the written property; the duration, place and manner of performance of the lease contract; Pay attention to the parties' liability for breach of contract and the method of resolving disputes; Other matters agreed between the parties or prescribed by law.
Article 470 of the Civil Code.
The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names of the parties or their names and addresses;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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When leasing an office building, the issues that should be paid attention to are: Usually the office leasing market needs to sign a contract for more than 1 year, less than 3 years, if there is only a few months of office demand, you can choose a business center, usually the rent is much higher than that of traditional office buildings. If the lease period is more than 3 years, it is necessary to negotiate with the landlord, and usually the rent needs to be increased to a certain extent after more than 3 years; **There will also be a difference between the inlet and the actual receipt, the rent with the ticket is already included in the rental tax, while the actual collection is not included; The rent will increase to varying degrees every 1 to 3 years, and some buildings will increase together with the property management fee. Property management fees usually include water and electricity in public areas, maintenance, routine cleaning, etc., usually property management fees of more than 20 yuan are ** air conditioning system, like Watts Pentium Building 19 yuan also contains air conditioning electricity fee is very rare, ** air conditioning overtime is required to apply separately, so the leasing of ** air conditioning office buildings to consider whether it is convenient for enterprises to work overtime; The billing method of parking fees is inquired according to the actual use needs of enterprises; The deposit or security deposit of office leasing, usually the office lease is a 3-month rent to pay 1 month's rent, and the property management fee is charged according to the actual property company, if it is a rent that includes property fees, it is not necessary to calculate separately, remember that if the enterprise defaults, the owner can do the 2-month rent non-refundable treatment, so it is necessary to consider the rent affordability of the enterprise before leasing Article 704 of the Civil Code, the content of the lease contract generally includes the name, quantity, use, and The term of the lease, the term and method of payment of the rent, the maintenance of the leased property, etc.
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1. Classification of office building grades.
1) 5A Grade A office building. the physical condition and quality of the building is first-class, and the quality of the building meets or exceeds the requirements of the relevant building regulations or codes; The building has a flexible floor plan layout and a high occupancy rate, reaching 70% occupancy; The floor area is large, the lobby and walkway are spacious, and the clear height from the raised floor to the suspended ceiling is not less than a meter.
2) Grade A office building. the physical condition of the building is in good condition, and the quality of the building meets or exceeds the requirements of the relevant building regulations or codes; Its profitability is comparable to that of a new office building.
3) Grade B office building. Mid-range properties where the building is in good physical condition and the quality of the building meets the requirements of the relevant building regulations or codes; However, the function of the building is not the most advanced (due to the influence of functional obsolescence), there is natural wear and tear, and the profitability is lower than that of a similar newly completed building.
2. What are the terms of business?
Commercial terms generally refer to the commercial part of the contract clauses, which are relative to the technical clauses of the contract. Only a small part of the contractual requirements are legal terms, and most of the rest are commercial terms. Legal clauses are mainly related to peremptory norms and clauses that are legally authorized to be agreed upon by the parties themselves.
For example, whether the subject of the contract is legal, whether the contract is legal, and how to agree on the place of jurisdiction of the dispute. Commercial terms are issues that the parties themselves need to weigh and make decisions, mainly terms that are closely related to economic interests, such as transaction objects, payment terms, etc.
3. What are the main business conditions for office leasing?
1) Rent. Rent is the most important and critical business condition of a lease contract. To a certain extent, the rent reflects the quality, location, and popularity of the rented building. Rent is generally indicated in terms of RMB per square metre per day.
2) Lease term. Lease term refers to the entire contract term of the lease contract. Office buildings in Shanghai are generally leased for two to three years, and a few are available for one year.
There are also individual companies that need a longer lease term, 5 years or even 10 years, so it is generally necessary to negotiate with the landlord, and there will be an agreement on the increase in rent.
3) Lease period.
The start period means that the rent is calculated from that date.
4) Renovation period.
When a client rents an office building, the landlord will generally provide the client with a period of free time to use the office unit for renovation. Renovation periods range from zero to several months and are often determined on a case-by-case basis depending on the circumstances of the property being rented.
5) Rental deposit.
In order to ensure the normal performance of the lease and the return of the house at the end of the lease for inspection and acceptance, the owner has agreed on the lease deposit in the lease contract. Generally, the deposit standard for Shanghai office buildings is 2 to 3 months of monthly rent.
6) Payment Methods.
At present, the common payment methods for office leasing are: three payments.
1. Pay two for the mortgage.
1. Pay two for the mortgage.
Second, bet one pay three. Generally, there are fixed standards for Grade A office buildings.
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