My house is going to be subletted, but the landlord asks me to pay a sublease fee, is it reasonable

Plausible. According to the law, if the lessee wants to sublease the property, it needs to obtain the consent of the lessor. Therefore, if the lessor does not agree, the lessee has no right to dispose of the sublease, and if the lessor denies the validity of the sublease contract, the sublease contract is invalid.

Therefore, the landlord is entitled to demand a certain share of the sublet fee from the tenant.

Legal analysisAccording to the provisions of China's Civil Code, if the tenant wants to sublease the house, he must obtain the consent of the lessor. If the lessor subleases without the consent of the lessor, he has no right to dispose of it. The validity of the contract is to be determined, and if the landlord recognizes the sublease contract, the sublease contract is valid; If the landlord denies the sublease contract, then the sublease contract is invalid, and the landlord has the right to sue the court to ask the court to confirm that the sublease contract is invalid.

Therefore, the sublet must be agreed by the landlord. Since the consent of the landlord must be obtained, the civil law provides for the principle of autonomy of will, according to which the scope of the rights enjoyed by the contractual creditor and the scope of the obligations of the contractual debtor are determined entirely on the basis of freedom by the parties to the contract. Once they have determined the content of the contract, the rights of the creditor and the obligations of the debtor on a free basis, only the content determined in the contract has legal effect, and only the rights and obligations stipulated in the contract have legal effect, beyond the scope of the content or the scope of rights and obligations stipulated in the contract, the contract is not binding on the parties, because the content, rights and obligations stipulated in the contract are agreed by the parties and are the embodiment of their true intentions, will and intentions.

Therefore, the landlord and the subtenant can agree on the fee on their own, and the monthly fee is reasonable.

Legal basisArticle 716 of the Civil Code of the People's Republic of China 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.

In the landlord, it is not reasonable or unreasonable, renting is just a fantasy, it is unreasonable at the legal level, but you basically can't get the deposit back.

It mainly depends on the lease contract you signed, whether there is any agreement to you to sublease, if not, then you need to supplement the agreement, give him money is reasonable, if the previous contract has, then you can't ask for money again!

This is a matter between the parties.

It's hard for others to comment on it.

So, it's best to look at how the contract is written.

If there are no terms that are favorable to you, what can you do except for the future, after all, they are landlords.

Summary. 1. According to the Contract Law

1) Article 224 provides:

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.

2) Article 225 provides:

The income obtained from the possession and use of the leased property during the lease period shall belong to the lessee, unless otherwise agreed by the parties.

3. At the expiration of the lease, the ownership of the leased asset is transferred to the lessee, and the original lessee can transfer the asset in any way with the option of the lessee to purchase the leased asset at a low price. The nature of the sublease is determined by the characteristics of the new lease and can be classified according to certain criteria, which may then be treated as an operating lease. or as a sales financial lease or direct financial lease.

Finally, I wish you a happy life and a good mood every day

My house is going to be subletted, but the landlord asks me to pay a sublease fee, is that reasonable?

Hello, I am happy to answer for you, first of all, it depends on whether there is an agreement with the landlord about the sublease fee, if not, the landlord's request is unreasonable. 1. According to Article 224 of the Contract Law (1), the lessee may sublease the leased property to a third party with the consent of the lessor.

If the lessee transfers the lease, 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. (2) Article 225 stipulates that the income obtained from the possession and use of the leased property during the lease period shall belong to the lessee, unless otherwise agreed by the parties.

3. At the expiration of the lease, the ownership of the leased assets is transferred to the lessee, and the original lessee can transfer the assets in any way with the option of the lessee to purchase the leased assets at a low price. The nature of the sublease is determined by the characteristics of the new lease and can be classified according to certain criteria, which may then be treated as an operating lease. or as a sales financial lease or direct financial lease.

Finally, I wish you a happy life and a good mood every day

I also found a house through an agent, and the landlord was a second-hand landlord.

Then it doesn't make sense for the landlord to do this.

The landlord said that he wanted to hang up with the agency and asked me for the agency fee, and we signed a one-year contract, but it said that it could be subletted.

So I want to ask, is this reasonable?

It doesn't make sense ha.

The landlord said that if he didn't give it, he wouldn't help me sublet it.

So what should I do with him.

It's easy. You can sue the landlord in accordance with the contract.

You have a 200% chance of winning.

Prosecution fee, $8.

Legal analysis: First of all, it is necessary to see whether there is an agreement with the landlord on the sublease fee, if not, then the landlord's request is unreasonable.

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

Article 707: Where the term of the lease is split for more than six months, it shall be in writing. If the parties have not adopted the form of written defense, it is impossible to confirm Article 707 Where 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.

If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

Article 715 The lessee may, with the consent of the tenant, make improvements or add other things to the leased property. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

Summary. If the landlord includes a sublet fee in your rental agreement with the landlord and you agree to it, he can charge you a sublet fee.

My house is going to be subletted, but the landlord asks me to pay a sublease fee, is that reasonable?

Hello, it is a pleasure to serve you.

Hello, the lease of the house has not expired, and I have already found a good home to take the rent, do I need to compensate the landlord?

Your sublease can be terminated without the landlord's consent.

Subletting must be agreed by the landlord.

If the landlord includes a sublet fee in your rental agreement with the landlord and you agree to it, he can charge you a sublet fee.

But if you don't want to pay a sublet fee, the landlord won't agree to you to sublet.

Does that mean she agrees?

Is it reasonable for her to ask for 3000 in compensation?

The contract did not specify the charge of a sublease fee.

If the landlord is asking the new tenant to sign a contract with her, then you are not subletting.

You are in breach of contract.

Breach of your agreement.

So you have to pay a penalty.

But the quiet chaos is that the contract does not stipulate that liquidated damages must be paid, and it has not caused losses to the landlord, 3000 yuan is too high, and the rent of a Qijing file is 2400 per month. If it's that high, I'm not obligated to help her find her pants.

Is there no liquidated damages in your contract?

If one party breaches the contract and causes losses to the other party, the other party may still require the breaching party to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses in accordance with the relevant provisions of the Contract Law.

If there is no loss and no penalty has been agreed in advance, you do not have to pay.

However, if you have caused losses to the landlord in this case, but because you have found the next tenant to conduct the training, the loss is relatively small, so the liquidated damages you pay must be less than the actual loss of the landlord.

Legal Analysis: Yes, but the sublease can only be subleased with the consent of the borrower. Sublease is the act of leasing leased assets to a third party by the lessee during the lease term.

Subleasing involves at least three parties (the original lessor, the original lessee and the new lessee) and two leases (the original lessor and the lease). If the lessor does not agree to the sublease, the lessee cannot carry out the sublease without permission.

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

Article 716 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.

Article 717 Where the lessee subleases the leased property to a third party with the consent of the lessor, and the term of the sublease exceeds the remaining lease term of the lessee, the agreement on the excess part shall not be legally binding on the lessor, unless otherwise agreed between the lessor and the lessee.

Legal analysis: First of all, it depends on whether you and the landlord have agreed on the sublease fee, if not, the landlord's request is unreasonable.

Legal basis: Civil Code of the People's Republic of China Article 716 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 shall compensate for the losses.

If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

Legal analysis: First of all, it depends on whether you and the landlord have agreed on the sublease fee, if not, the landlord's request is unreasonable.

Legal basis: Civil Code of the People's Republic of China Article 716 The lessee may, with the consent of the lessor, sublease the stuffy stuffiness before the lease to a third party. If the tenant 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.