Please answer the question from a legal person who understands the lease contract Thank you

First of all, look at the lease contract between A and B. Is there an agreement to allow B to sublet. If agreed, the lease contract between B and C is valid. If there is no agreement and the sublease is not agreed by A, B breaches the contract and A can terminate the lease contract with B at any time.

If sublease is allowed, whether A and C can enter into a contract depends on whether A and B are willing to terminate the 5-year lease contract. If A and B agree to terminate the contract, and A and C agree to sign the lease contract, then the corresponding documents are prepared. It is sufficient to settle the remaining amount between A and B and sign the document of terminating the contract.

If sublease is not allowed, A can terminate the lease contract with B at any time, and whether to sign a lease contract with C at this time depends on the wishes of A and C, and has nothing to do with B.

In general, sublets should not be allowed. Not only did it reduce some of its revenue, but the lessor lost the right to pick lessees. Uncivilized tenants are very harmful to the house, not only easy to damage the walls and facilities, but also easy to have disputes with neighbors, in case of disaster.

Tenants rent houses, and landlords should also pick tenants, and don't just put anyone in.

Yes, it depends on how Party A and Party B agree, but there is one thing that is certain, Party B must obtain Party A's consent to lease to C, so C and Party A must be able to reach an agreement or sign a contract.

If Party B breaches the contract, whether Party C may sign a contract with Party A depends on Party A's wishes, provided that Party A and Party B have terminated the contract. As for how to repeal the contract between Party A and Party B, it depends on the agreement of the contract signed by both parties, which is generally handled through negotiation between the two parties.

The sublease contract shall be signed by Party B and Party C, and Party A shall be agreed upon by Party A.

Legal analysis: If the lease term is more than six months, it shall be in writing. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

The lessee shall properly keep the leased property, and shall be liable for compensation if the leased property is damaged or lost due to improper storage. With the consent of the lessor, the lessee may make improvements or add other things to the leased property.

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, maintenance of the leased property, etc.

705 Void Cover Crack The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid.

Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

Article 706 Where a party fails to go through the formalities for the registration and filing of a lease contract in accordance with the provisions of laws and administrative regulations, the validity of the contract shall not be affected.

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

Article 708: The lessor shall deliver the leased property to the lessee in accordance with the agreement and keep the leased property in accordance with the agreed purpose during the lease term.

Article 709 The lessee shall use the leased property in accordance with the agreed method. Where there is no agreement on the method of use of the leased property or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be used in accordance with the nature of the leased property.

Hello! According to the Contract Law of the People's Republic of China, the content of the contract should be voluntarily agreed upon through negotiation, and both parties should abide by the contract. The landlord cannot force you to pay the rent in advance if the parties have not agreed to pay the rent in advance.

Therefore, if your lease contract states that Party B needs to settle the rent to Party A before the 5th of the month, then you can pay the rent before the 5th of the month according to the contract.

If the landlord requests the rent to be paid in advance, he can dispute it in writing to the landlord and ask for the rent to be paid as stipulated in the tenancy contract. If the landlord insists on paying the rent in advance, it can be resolved by negotiating with the landlord and seeking legal assistance.

As for the security deposit, as a tenant, you have the right to ask the landlord to explain what the deposit is for and how it will be refunded when you sign the tenancy contract. At the same time, at the time of check-out, you have the right to ask the landlord to return the deposit at the time and in the manner agreed in the tenancy contract.

In short, both parties should abide by the terms of the lease contract during the rental process. If the landlord violates the law, he can protect his rights and interests through legal means.

You can not give it, there is no clear time on the contract, when to pay the rent, it is only an approximate time, and it can not be given.

Of course, you can not give it, and it will not be a few days, and if you have it, you can give it, and if you don't give it, you can't give it.

1.First of all, you can confirm by yourself or with the landlord how long it will take to renovate, and if it will be finished soon;

2.If it takes a long time and you are considering changing houses, you can discuss with the landlord to see if everyone can give in and refund part of the deposit;

3.When talking to the landlord, sincerely state your special situation, your wife is pregnant, and ask the other party to be accommodating. At the same time, it indicates that the other party may also suffer losses. (If you don't continue to rent, the landlord will rent out again, not necessarily immediately, not to mention finding an agent and paying the agency fee).

4.It is unlikely that such a thing will go to court to litigate, firstly, the cost of time and experience is high, and secondly, you do not have strong evidence, after all, the other party only said it verbally.

The above reply is for reference, and I hope you can solve it satisfactorily in the end.

1. The "Measures for the Administration of Commercial Housing Leasing" does not support your situation.

2. According to the "Property Management Regulations", the property management company should manage the decoration behavior and accept the deposit. There are strict regulations on the renovation time. Otherwise, the landlord can refuse to pay the strata fee on this ground;

3. If there are any special circumstances, you can negotiate with the landlord one month in advance) according to the Contract Law, (it is a contract with clauses, you have to provide evidence.) If this is the case, you can ask to check out.

First of all, you can continue to fulfill your rights and obligations in accordance with the signed contract. As long as there is no agreement in the contract that the rent will be adjusted with the change of the market, you do not have to raise the rent for him at all. Why do you sign a contract if you raise the rent casually?

Secondly, 1If there is his wife's name on the real estate certificate, it stands to reason that you should add her wife's name when you sign the contract. 2.

If his wife's name is not on the real estate deed, and she still comes to make trouble, just tell her to get out, she has no right to speak.

Finally, if Party A unilaterally terminates the contract, it can claim liquidated damages, but the 10% compensation for liquidated damages is not clear, is it 10% of the annual rent or 10% of the monthly rent? If the landlord makes trouble again, he will go directly to the court with the original contract to sue him. But if you still want to continue here, it is recommended to negotiate with the male landlord, after all, the owner of the house.

The contract is not signed for three years, **three years unchanged, if it is every year**according to the market** changes, then there is no way, if it is not stated in the contract, you can talk to him, as for who has the final say, this is meaningless, people are husband and wife, maybe it is a black face, a white face.

I think it's time to get the deposit back. Clause.

1. There is no deposit in the contract, and the deposit should not be collected in the first place; Clause.

Second, the competition management collected the deposit, and did not say that the deposit was terminated in advance, and the deposit was not retired; Clause.

3. Even if it should be collected, the contract does not stipulate the purpose of the deposit. It can be understood as a guarantee that if you do not pay the rent when you should pay it, you can use the deposit to offset it; Clause.

Fourth, you have not agreed on how to deal with the liability for breach of contract, since there is no stipulation in the contract, either party is allowed to terminate the contract in advance, as long as the other party is notified within a reasonable period of time.

If you leave without notifying the landlord, and it has been half a month, at least more than half a month, you should still pay the rent for this month.

The deposit can be refunded and the landlord has no right to withhold it. But I don't know how the breach of contract clause is signed? If there is a liquidated damages clause, the contract does not expire and is subject to compensation.

The deposit he should give you, you didn't damage him anything, right?

But you may already be in breach of contract, how did you leave, did you notify people in advance?

Analysis according to the form of your contract:

First, if you sue the court, the subject of your lawsuit is the unit, and the unit does not have an official seal on the back, but if the person authorized to sign is the legal representative or the main person in charge of the unit, there is no problem; If not, when signing the contract with you, he has issued a "Power of Attorney" of the unit, which has the seal of the unit on it and indicates that it is the person who authorizes the signature to rent the house, then there is no problem. If it does not fall under the above list, it is unlikely that the suing entity will win the lawsuit;

Second: If you do not meet the above requirements, you can directly sue the person with whom you signed the contract to the court, and there is no problem with the subject issue.

It works as long as it's formatted correctly. Since the lessee is in breach of contract, you can rescind the contract and demand liquidated damages from the lessee. If the tenant refuses to pay in court on the grounds that the person does not have the right to pay, you can ask the person who signed to bear the corresponding responsibility.

As for how to settle with the tenant after the first person, it has nothing to do with you.

When filing a lawsuit, it is sufficient to list the lessee and the person who signed the first person as defendants at the same time.

1. If there is other evidence to prove that the performance party of the contract is a unit, although the contract does not have the official seal of the unit, the contract is also binding on the unit;

2. If you are the legal representative of the unit, the contract is also valid for the unit;

3. If you are neither the legal representative of the unit, nor do you have evidence to prove that the performer of the contract is the unit, and the contract is only a contract for you, you shall bear the contractual responsibility.

Party B's column is written as a unit, and the signature column below has the signature of an authorized person, and there is no unit seal, whether the contract has legal effect, from the following aspects of analysis:

1) If the donor has a power of attorney of a legal person, the power of attorney of the legal person has the signature of the legal representative and the seal of the unit, and you have received the power of attorney and kept it with the contract without loss, this contract has legal effect;

2) If the power of attorney of the legal person does not have the seal of the unit or the handwritten signature of the legal representative in item (1), the authorized person's authorization qualification is problematic. This contract cannot represent the unit, and Party B of the contract cannot act as a unit. The contract has no legal effect;

However, if Party B breaches the contract, it can sue the court for the authorized person who signed in the signature column, and as long as it sues, it will win the lawsuit. The reason is that after signing the contract by deception and breach of contract (I do not understand what are the valid conditions for the power of attorney of the legal person).

3) If the signatory only verbally says that it is the authorizer, and writes the authorized person in the signing of the contract, and does not show and hand over the power of attorney of the legal person to you, this is a deceptive act, although the contract is invalid, but it is a dispute caused by the contract, and it can also be sued, and it is also a win lawsuit. Specific matters may be handled by a lawyer.