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There are many rental contract templates on the Internet, and if you need to consult the terms, you can find me to discuss in detail, short message or.
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When signing a shop lease contract, it is necessary to pay attention to the following group transfer issues, that is, whether the subject of the contract has the corresponding civil capacity; whether the expression of intent is true and legitimate; whether the content of the lease contract is complete and reasonable; and whether the duration of the lease is legal.
[Legal basis].The Civil Code may contain 143 articles of the first striker.
Civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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 content of the lease contract generally includes the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.
Article 705.
The term of the lease shall not exceed twenty years. If it is more than 20 years old, the excess part is invalid.
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The shop lease contract refers to the written contract between the lessor and the lessee on the lease of the shop, which is formed by the lease relationship formed by the right to use the shop rather than the ownership, and does not involve the sale and purchase of the property right of the shop. The lessor receives income from the rent, and the lessee can only obtain the right to sublease if sublease is allowed during the term of the lease.
Legal basis: Article 703 of the Civil Code: 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 of the Civil Code: The content of the lease contract generally includes the name, quantity, use, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.
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Content from users: Trinity Library.
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(1) During the contract period, if the landlord suddenly wants to take back the store, then it is a breach of contract and you need to compensate for reasonable losses, which does not need to be agreed in the contract. The addition of a clause to the contract must be agreed upon by both parties to the contract, and the contract can be renewed to stipulate what compensation will be given in the event of a breach of contract by one party or in the case of a direct statement of the repossession of the store.
2) Subletting, which must be done with the knowledge of the landlord. Otherwise, it has no legal effect. The landlord acquires exclusive rights by virtue of his ownership.
If you want to sublet, you must let the landlord know that you are going to sublet, and if the rent you are subletting is not higher than the rent you paid, but purely subletting, then you need to get the landlord's consent.
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In law, the landlord is called the lessor, the transferor is called the lessee, you are called the sub-tenant, and there is no contractual relationship between the sub-tenant and the lessor, and the lessor's requirements can only be borne by the lessee, and then the lessee can require the tenant to be responsible. Personal advice:
1. You should first determine whether the landlord has agreed in advance when the transferor transfers the store door to you.
Because, Article 224 of the Contract Law says, "Without the consent of the lessor (landlord), the lessee ** transferor) subleases without authorization, there are two solutions: one is that the landlord can contact the lease relationship with the transferor; Second, the obstruction contract between you and the transferor should also be terminated, and the transferor shall bear the liability for breach of contract for you who are unaware of it" Once the contract is terminated and terminated, you can claim appropriate compensation, but you can only claim compensation from the lessee. The lease contract between the tenant and the landlord shall continue to be valid and shall not be invalidated after you sign the contract with the transfer.
2. Determine whether the contract between you and the transferor is valid. From your explanation, it is clear that the transferor has committed fraud and violated the principle of fairness in Article 5 and the principle of good faith in Article 6 of the Contract Law, and you can terminate the lease contract between you and the transferor on the basis of this alone. As soon as the contract is terminated, you can clearly offer to compensate you for various losses.
Because you have witnesses.
3. You don't have to be careful that the landlord will confiscate your property, except for the right to confiscate citizens' property by the court, no second party has the right to confiscate property, and the confiscation of property can only be carried out by people in the public security system, so don't worry about this, before the dispute is resolved, your loss is the loss of business profits, time and experience.
4. The transferor is obviously very arrogant and says that the court will see you, because he may guess that ordinary people are afraid of trouble and do not want to go to the court. It's okay, you're going to fight this lawsuit. Because I think you have a lot of advantageous factors, although you did not specify the compensation and dispute resolution plan in the contract, but the other party obviously has fraud, so you are still advantageous, and the specific compensation is also obvious, all of which can be seen, mainly decoration costs, lost work expenses, transportation expenses and other expenses you pay for this matter.
5. Regarding the problem of litigation, you can go to the local judicial bureau, each judicial bureau has a legal aid station, you can consult how to solve the problem, you can also ask the lawyer's fee and compensation and other questions you want to figure out. Alternatively, you can consult with your local law firm. There is no charge for consultation, but there are still courtesies, such as handing out cigarettes to yourself, and it is best to find a friend when you go (men are the best, bring a pack of cigarettes).
To sum up: ask the transferor for compensation, the transferor ignores it, does not accompany it, as long as you have enough time, then go to court, because you have a lot of property in the store, and it is not a way to be held by the landlord for a long time. You can consult first, ask the people inside how to operate, teach you face-to-face, it will be better... Come on·· Come on...
May you be compensated soon...
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It depends on whether you are a landlord or a tenant, and the landlord will naturally pay the high rent to whom; If you are a tenant, you should write that you have the right of priority to renew the lease under the same conditions (you can ask for a discount).
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The contract term is signed for one year, and if the lease needs to be renewed, Party A must be notified in writing 1 month in advance. Party B has no right of transfer.
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Shop lease contract: A written contract between the lessor and the lessee.
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