Sublease breach of contract, is sublease considered a breach of contract

Tenant B has illegally subleased, and the lease contract signed by Tenant B and the sub-tenant is invalid.

The lessor, who is also the landlord A, can terminate the lease contract with tenant B.

Tenant B brings in Partner C to run the business together, which is not a sublease.

The landlord does not have the right to terminate the contract, cannot claim damages for breach of contract, repossession of the façade, etc.

The dispute between B and C does not involve a contract between A and B.

Tenant B and Partner C are in a partnership relationship, but only one person comes forward to lease the house, and both parties agree to bear the rent together, which does not constitute subletting. Subletting is a situation where tenant B leases the house to C and does not live in it himself. However, Partner C can only demand that Tenant B return the rent he paid based on unjust enrichment, and has no right to find Landlord A and have a dispute with A.

The landlord and tenants B and C have a tenancy relationship, and there is a partnership relationship and unjust enrichment between tenant B and partner C, and landlord A has no right to terminate the contract according to the agreement that no sublease is allowed, and demand liquidated damages and take back the façade.

Solution: Both parties shall perform their contractual obligations in accordance with the provisions of the lease contract, and if one party wants to terminate the contract in advance, it shall be liable for liquidated damages. I didn't see the specific content of the lease contract, so I couldn't analyze the specific terms and see if there were other possible options.

Legal analysis: You can sublet the house to others during the rental period, but you need the consent of the lessor, otherwise it will constitute a 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 conduct that it will not perform its contractual obligations, the other party may request that it 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, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Analysis of the legal paragraph: it is a breach of contract, there is a loss. But it can be resolved through negotiation.

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

Article 703 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 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, and the terms and conditions of the leased property.

Article 705: 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, and the agreed lease term shall not exceed 20 years from the date of renewal.

Legal analysis: 1. Continued performance, also known as compulsory performance, taking remedial measures, compensation for losses, deposit liability, liquidated damages liability, also known as fines for violating the contract.

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

Article 108 and 16: Where the personal rights and interests or property rights and interests of the other party are harmed due to a breach of contract by one of the parties, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.

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

Whether a sublease contract is valid or not depends on the circumstances. If the original lease contract does not expressly stipulate the issue of sublease, in this case, if the lessee subleases without authorization, if there is no damage to the interests of the lessor, according to the principle of freedom of contract and the principle of relativity of contract, the self-sublease relationship is only the relationship between the lessee and the sub-lessee, and the agreement between the two parties is established and the contract is valid. If the original lease contract expressly stipulates that the lessee shall not sublease without the consent of the lessor, and the lessee subleases on its own, which violates the principle of good faith and is malicious in nature and is a breach of contract, the sublease contract shall be invalid, and the lessor may exercise the right to terminate the contract and recover the leased property; In the case of a bona fide sub-lessee, the lessee may be required to claim damages from the lessee in accordance with the provisions on the handling of invalid contracts.

1. Does the tenant be allowed to transfer the store?

If the shop can be subleased with the permission of the landlord, the lessee shall be liable for compensation for the loss caused to the store by a third party during the lease period. Without the consent of the landlord, the shop cannot be subleased, and if the tenant subleases without authorization, the landlord may no longer lease the shop to the tenant.

According to Article 716 of the Civil Code of the People's Republic of China implemented in 2021, the lessee may sublease the leased property to a third party with the consent of the lessor. 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. What should I do if I am deceived by the second landlord and rent a house?

If you are deceived by the second landlord, the party needs to call the police in time, fix the evidence, and then file a lawsuit with the people's court to claim your rights. In order to prevent being scammed, renters can ask to see the lease contract signed between the second landlord and the original landlord, because the termination date of the sublease contract must not exceed the termination date specified in the original lease contract, otherwise there will be a greater risk to the renter.

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 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.

Civil Code of the People's Republic of China

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

Article 578:Where one of the parties clearly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it 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, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

Legal analysis: If you resign or are dismissed without signing an employment contract, your salary should be settled until the last day of work. In addition, the employee can apply for labor arbitration, requiring the employer to pay the arrears of wages, deposits, economic compensation, double wages without signing the labor contract (starting from the second month of employment, up to 11 months), overtime wages, etc.

Legal basis: Interim Provisions on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the wages of the labor group travelers in a lump sum at the time of dissolution or termination.