I don t want to use an agent to rent out a shop, how should I prepare a contract?

Housing lease contract.

Party A (lessor):

Party B (Tenant): ID Number:

In accordance with the provisions of the Contract Law of the People's Republic of China, the Law of the People's Republic of China on the Administration of Urban Real Estate and other relevant laws and regulations, on the basis of equality, voluntariness and consensus, Party A and Party B have reached the following agreement on the lease of the following houses:

Article 1: Party A's house (hereinafter referred to as the house) is located in the shop area and is rented to Party B for about square meters.

Article 2: The term of the lease shall be from YYYYY-MM-YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Article 3: The annual rent of the house is (capitalized) yuan, and the deposit is one month's rent. The second year's rent shall be paid to Party A 30 days before the due date of the previous year's rent.

Article 4: Party B shall not engage in illegal activities in the house, and Party B shall bear and be responsible for compensating for the loss and maintenance costs of the house and its connected equipment caused by Party B's poor management and use. During the lease period, Party B shall implement the regulations of the relevant local departments and assume full responsibility and obey Party A's supervision and inspection.

Party B has the obligation to notify Party A in writing and eliminate hidden dangers that affect the safety of the house and normal business activities.

Article 5: Party B shall not damage the housing facilities and change the internal structure of the house at will, if it is necessary to decorate or set up equipment that affects the structure of the house, it shall be subject to the written consent of Party A, and shall be restored in accordance with the original appearance after the expiration of the lease.

Article 6: The purpose of the leased house is that without the permission of Party A, Party B shall not change the use of the house without authorization. Party B is responsible for the maintenance of housing facilities during the lease period.

Article 7: During the lease period, Party B shall pay for water, electricity, gas, sanitation, street management and various taxes and fees, and Party B shall bear the liability for breach of contract for late payment.

Article 8: After the expiration of the lease, this contract shall be terminated immediately, and Party B shall return the house to Party A unconditionally. If both parties agree to continue the lease, the lease contract is renewed.

Article 9: If Party B has any of the following circumstances, Party A may terminate the contract and take back the house, causing Party A's losses, and Party B shall be responsible for compensation:

Party B does not pay the rent at the agreed time; Without the consent of Party A, sublease the house to a third party without authorization; using rented premises to carry out illegal activities; Intentional damage to the rented premises.

Article 10: When the contract expires and checks out, Party B shall issue a bill for the last month's water, electricity and other expenses, and restore the damaged part of the house and facilities, and return the deposit to Party B after Party A's inspection and approval.

Article 11: This contract shall come into force in duplicate after both parties sign and Party B pays the first installment of rent and deposit.

Party A: Party B:

YYYYYYYYYYYYYYYYY

Just go to the Construction Committee and type a copy online.

Legal analysis: The content of the contract is agreed upon by the parties and generally includes the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Imitation payments or remuneration for rapid prices; (6) The time, place and manner of performing the Hechang Imperial Order; (7) Liability for breach of contract; (8) Methods of dispute resolution.

The parties may conclude a contract by referring to the model texts of various types of contracts.

Legal basis: Article 471 of the Civil Code of the People's Republic of China The parties may conclude a contract by way of offer, acceptance or other means.

1. If you are an intermediary: take the customer, sign the confirmation letter to be seen, the commission confirmation, and generally charge the landlord a month's commission, and the customer depends on the situation, generally more than 50%. Prepare the contract, sign the contract, then collect the commission, and finish.

The intermediary should do enough work for the customer to prevent the customer from jumping to the intermediary, such as adding points to the situation and receiving the intention money as soon as possible, and not giving him the time and space to know how to think crookedly. Be sure to sign the confirmation letter with you, and remember to maintain the landlord so that the customer's every move is easy to control.

2. If you are a landlord: find a more professional agent, such as Deyou, Central Plains, and 21st Century. Generally, there is no need to entrust many intermediaries, one is enough, ** is relatively reasonable, and the commission is given for a full month, so that the motivation of the intermediary is relatively large, and the number of recommendations to customers will be more, and the rental is more timely.

If you feel uncomfortable with the commission, you can appropriately quote a high rent, and transfer the commission paid to the tenant in disguise. Then just sit back and wait for the agent to collect the deposit for the interview. You can also entrust the intermediary to take full responsibility for the model contract or something, and they will be happy to help.

Renting a shop requires signing a contract, and the chain will be protected by the law if it has a contract, and one of the parties will have to bear the liability for compensation if it wants to breach the contract in the future.

1. What issues should be paid attention to when signing a shop lease contract?

1. Investigate the property rights of the shop.

Before leasing a shop, you should go to the real estate transaction center where the shop is located to conduct a property right investigation and confirm the following important information:

1) The use of the house and the use of the land must ensure that the type of house is commercial and the land use is non-residential before it can be rented as a shop, otherwise, it will face the risk of not being able to obtain a business license and illegally using the house.

2) Housing rights holders to ensure that the lease contract is signed with the housing rights holder or other rights holders.

3) Whether the lease registration information is already stored in the house, if the lease registration information is already stored, the new lease contract cannot be registered, which will lead to the new tenant's lease relationship being unable to fight against the third party, and will also affect the new tenant's smooth application for business license.

2. Rent-free decoration period.

In the lease of shops, the rent-free decoration period often appears in the contract, mainly because the lessee needs to repair the house after handing over the house, and can not actually work or operate, in this case, the lessor agrees not to charge the rent of the lessee during the renovation period. However, the rent-free decoration period is not a concept clearly stipulated in the law, therefore, when signing the lease contract, it is necessary to clearly stipulate the start and end time of the rent-free decoration period, and exempt the specific fees to be paid.

2. Who pays the shop lease tax?

1. The shop lease tax shall be paid by the lessor. The lease tax is paid on the basis of the income obtained by the lessor from renting out the premises, and if the fee is not included in the contract, it should generally be paid by the lessor himself.

2. Look at the contract. If there is an agreement in the contract, the shop rental tax shall be paid according to the party agreed in the contract.

3. According to the law, the shop lessor shall pay the shop lease tax. However, it is also possible to have the tenant pay the shop lease tax in the contract. However, in practice, landlords generally pass on this burden to tenants.

Rental shops are subject to 12 property tax and 5 business tax on rental income, as well as 7 urban construction tax and 3 education surcharge on the amount of business tax paid. Individual rentals are also subject to 3 personal income tax.

Legal analysis: The contract of shop lease generally includes the following aspects: the name, title and address of the parties; the location, address, area, decoration and facilities of the premises, and the purpose of the lease; the term of the lease; Rent & Delivery Method; the condition of the premises and the responsibility for repairs; some agreements regarding subletting; Clauses on contract modification and termination, liability for breach of contract and other agreed terms, etc.

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

Article 730: Where the parties have not agreed on the term of the lease or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, it shall be deemed to be an indefinite lease; The parties may terminate the contract at any time, but shall notify the party of the envy before a reasonable period of time.

Article 734 If the lessee continues to use the leased property upon the expiration of the lease term and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease term shall be indefinite.

At the expiration of the lease term, the tenant of the house has the right of priority to lease on the same terms.