Is it cost effective to rent a house to a second landlord for 6 years?

It depends on your situation, 6 years of maintenance, you don't have to care, but the relative income is less, generally long-term, if the other party is stable, it will continue, it is recommended that if you don't know each other, 1-3 years first, the rent must be paid off.

It's not cost-effective, if something happens during these 5 years, you are responsible, because you are the real landlord.

First of all, if you sign a lease contract, you must abide by the spirit of the contract and cannot breach the contract at will, otherwise you will have to bear the liability for breach of contract.

Secondly, the total amount of the subject matter of the contract is 100,800 yuan (1400*12*6=100,800), and the liquidated damages of 50,000 yuan exceeding 30% of the amount of the subject matter of the contract can be considered too high, and you can claim to reduce the proportion of liquidated damages. The breaching party claiming that the liquidated damages are too high shall bear the burden of proof as to whether the liquidated damages are excessive.

According to the first paragraph of Article 585 of the Civil Code of the People's Republic of China, "the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach."

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages. ”

Finally, if you really don't want to rent, you can negotiate with the landlord to terminate the contract and pay a certain percentage of liquidated damages.

I think this will do. Because as long as the second landlord is not bad for your money, it is rented to anyone. So I think it's a good deal.

The minimum 2 landlords are quite cost-effective and hassle-free, but the contract deposit should be done.

For the original owner, there are some risks associated with renting the property to a second landlord, such as the second landlord may change significantly.

If something happens within those five years, you should be responsible because you are the right landlord.

Whether it is cost-effective to rent a house to a second landlord for 6 years depends on the specific lease contract and the credit profile of the second landlord. If the lease contract is more detailed about the rights and obligations of both parties, and the second landlord pays the rent on time and maintains the facilities, then it may be cost-effective to rent to the second landlord for 6 years. However, if the second landlord is in arrears of rent or has serious damage to the facilities, then renting to the second landlord for 6 years may not be cost-effective.

It is important to note that if a second-hand landlord sublets the house to someone else during the tenancy, it may be necessary to ask for your consent. If the second-hand landlord sublets without your consent, you have the right to terminate the contract and hold the second-hand landlord liable for the corresponding breach of contract.

This is not cost-effective. If anything happens during these five years, you should be responsible because you are the real landlord.

The house of the second landlord can be rented out, and the lease contract signed with the consent of the main landlord is valid. If it is stipulated in the signed contract that the sublease may be implemented, or if the contract is not stipulated but the major landlord agrees to the sublease, the sublease contract shall have legal effect.

Legal basis. Article 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.

Article 717 of the Civil Code of the People's Republic of China.

If the lessee subleases the leased property to a third party with the consent of the lessor, and the sublease term 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.

Second-hand landlords can sublet the property, but only with the landlord's consent, otherwise the landlord can terminate the contract. If the landlord knows or should know about the sublease of the house, but does not raise an objection within six months, it shall be deemed to have agreed to the sublet. The landlord should sign a lease contract when renting a house.

Beware of subletting.

If the second-hand landlord has a formal lease contract, the following should be noted when signing the lease contract:

1. Check the valid identity certificate of the second landlord and the lease contract signed with the main landlord;

2. When signing the rental contract, you should ask about the contents of the rent, who will bear the water, electricity, heating, gas (natural gas) and property management fees;

3. Require the lessor to settle water, electricity, heating, gas (natural gas) and other expenses before renting out the house;

4. Clarify the lease term, rent payment time and payment method, and require the lessor to provide rent receipts;

5. An agreement should be made on whether it can be subleased;

6. It is necessary to clarify the liability for breach of contract and the compensation standard for breach of contract;

7. Check the good damage of furniture, electrical appliances and other facilities in the house before moving in, and agree on the maintenance responsibility;

8. An agreement should be made on the early termination of the contract.

In addition to the above, you should also pay attention to the following matters, otherwise, the financial loss caused by the termination of the contract by the big landlord can only be asked by the second landlord.

1. When signing the lease contract, the written consent of the lessor (big landlord) must be obtained;

2. The lease term agreed in the contract shall not exceed the term agreed in the contract (main contract) between the original second landlord and the main landlord;

3. The agreed matters in the contract cannot exceed the main contract.

Special attention should be paid to the fact that houses in one of the following situations are not allowed to be subletted

1. The lessee is in arrears of rent;

2. The tenant builds it in the rented house without authorization;

3. Pre-rented commercial housing.

4.It must not go against the will of both parties, and if there is a problem, both sides must discuss it together.

In addition, if there is no agreement in the lease contract that the sublease may be subleased, and the lessor does not agree to the sublease, the lessee shall not sublease without authorization.

If the lessee subleases without authorization, the lessor may terminate the lease contract with the lessee.

First of all, it is very not recommended to rent the house of the second landlord, and the first thing to rent is not to know whether the big landlord allows it, and the house is not the second landlord's, the second landlord also changes hands, or shares the house with you, you give money to the second landlord, and then the second landlord is giving the money to the landlord. Once the landlord will repossess the house, then only the second landlord will be compensated, and the second landlord will not compensate you, and the contract you signed with the second landlord is not legally secure if the big landlord does not know. Because the house is not owned by the second landlord, the second landlord does not have any right to rent or trade the house.

And also to take into account, if the second landlord's house expires and you share the house with the second landlord, the second landlord rents for 1 month and leaves, you will have to bear the rent of the entire house yourself. It is best to get in touch with the landlord, get the permission of the landlord, and sign the contract with the second landlord, there will be no problem.

[Legal Analysis]: If the second landlord obtains the consent of the lessor, the house can be rented out. According to the relevant laws of China, the lessee may sublease the leased property to a third party with the consent of the lessor, and if the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

Housing sublease is divided into legal sublease and illegal subletting, and the standard for defining the two is whether the consent of the lessor is obtained, and the behavior of the second landlord to sublet without the consent of the landlord is unlikely to be recognized by the law, unless both parties allow the sublease behavior to occur when signing the rental contract. If the other party identifies his or her identity as a "second landlord", the tenant needs to check the original landlord's handwritten consent to sublease, a copy of the property ownership certificate, and the lease contract between the original landlord and the second landlord, and in particular, make sure that the termination date specified in the original lease contract is no earlier than the termination date of the contract between the tenant and the second landlord. A "second landlord" is a person who rents an entire house from the original landlord and then sublets it to others in whole or separately to make a profit.

Legal basis]: Article 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. Article 718 If the lessor knows or should know that the lessee is subleased, but does not raise an objection within six months, it shall be deemed that the lessor agrees to the sublease.

If it is agreed by the lessor ("original owner"), then yes.

The sublease of the house can only be protected by law with the consent of the original lessor. Article 716 of the Civil Code stipulates that "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. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract. ”

It can be seen that the sublease is divided into legal sublease and illegal sublease, and the standard for defining the two is whether the consent of the lessor is obtained, and the sublease (commonly known as the "second landlord" in reality) without the consent of the landlord is unlikely to be recognized by the law, unless both parties allow the sublease to occur when signing the rental contract.

If the lease agreement between the second landlord and the landlord stipulates that the sublet can be made, or if the landlord agrees to sublet, then the second-hand landlord rents out legally. The tenant must obtain the consent of the landlord to sublease, and the contract signed by the second landlord and the tenant may be invalid because the consent of the landlord is not obtained. Although there is no written lease contract, but there is an oral agreement and the fact of the lease, then the tenant and the second landlord have a lease relationship.

How to prevent "second landlords".

In the case that the current housing rental market in China is not perfect, laws and regulations cannot solve all the problems in the process of subleasing operation, so we must be cautious when encountering sublease. Accordingly, the sub-tenant (the lessee who accepts the sublease is legally called the sub-lessee) should pay attention to the following in the process of accepting the sublease of the premises: first, the written consent of the lessor is required for the sublease; Secondly, if the lease contract is changed during the sublease period, which affects the performance of the sublease contract, the sublease contract shall be changed accordingly; If the sublease contract is terminated, the sublease contract shall be terminated accordingly, so it shall be stipulated in the sublease contract that if the lease contract cannot be performed due to the breach of contract by the first lessee or the lessor, thereby hindering the normal performance of the contract, the first lessee shall bear the corresponding liability for compensation.

As far as the current housing rental market is concerned, the existence of "second landlords" has become a common phenomenon, and more and more "second landlords" have replaced the position of "original landlords". However, whether the sublease behavior of the "second landlord" is legal depends on whether the sublease behavior is authorized by the landlord or agreed to afterwards.

1. First of all, check whether the second landlord and the landlord have a formal lease contract.

2. Check the valid ID card certificate of the second landlord and sign the relevant occupancy contract with the second landlord.

3. Clearly negotiate the rental period and payment method with the second landlord, and ask the other party to provide a receipt to sign and draw the mortgage.

4. Clarify the compensation for breach of contract after moving in, and sign a contract; An agreement on the early termination of the contract is set out in the signing of the housing contract.

5. Before moving in, be sure to check whether the walls, doors and windows, bed cabinets, various furniture and use items of the house are damaged. Prevent both parties from acknowledging that it was their own fault after moving in.

6. Before moving in, ask to check the water, electricity, gas and other expenses, and ask the lessor to settle clearly before moving in.

7. The contract signed with the second landlord cannot exceed the lease term signed with the second landlord.

8. Check the real estate certificate and identity certificate of the big landlord, as well as the household registration book, and check whether it is the landlord himself.

9. Before moving in, be sure to negotiate the deposit and all the property fees involved.

After summarizing the precautions, let's take a look at what traps the black-hearted second landlord will set for renting a white:

1. It can be seen everywhere in real life, and it is also the most common trick of the second landlord Kanto. These second-hand landlords negotiate with the landlord by taking advantage of the landlord's large housing form to negotiate with the landlord, and after renting the house at the lowest price, they will rent it out for a second time and rent it out at a higher **, so that they can not only not pay rent, but even make a profit.

2. In another case, the second landlord will bring you a house that he has only rented for a few days. will first ask you what your budget is, and tell you that you can talk about it, so that you mistakenly think that he is the landlord himself. Take advantage of your urgent need to find a room, it is not easy to see that you are a student, and he just wants to go out.

When you see that not only is the environment good, but the deviation from your expectations will not be very large, you step by step into the trap he designed.

As for the question of whether the house can be rented, of course, it depends on the situation.

First of all, why are there second-hand landlords?

The first situation is that someone rents a house and does not rent it because the time has not expired due to work or other reasons, or they are looking for roommates for the whole rent and do not want to waste resources, so they find another person to bear it, even if it is cheaper.

The second situation is that the individual landlord cannot find the tenant and is listed in the name of the agency. Leased to the lessee by an intermediary company.

Generally speaking, the rent is to be filed with the real estate bureau, and of course, there are many people who have not been filed with the real estate department.

If the lessor cooperates with him and is willing to provide proof of property filing, then he is likely to be credible, and if there is no problem in other aspects, he can sign an agreement to lease.

If you haven't done the record, you need to consider it comprehensively, determine the property right information, determine whether the first-hand landlord has deceived him, let him provide the first-hand rental contract, or contact the landlord to contact him. Secondly, it is recommended to bet one and pay three when paying, and do not make a long-term payment method.

If there is fraud, such as the house is not rented to the first-hand landlord at all, and the landlord comes to ask for the house, once he finds out that he has been infringed, he immediately reports to the public security organ, because fraud can be filed. If it is only a contract dispute, it is generally necessary to seek settlement with the court.

Most of the people who come to rent a house don't have the time to go to court, so it is recommended to choose the rental channel of insurance, and would rather spend a little more money than be deceived to make trouble.