What should I do if the landlord doesn t rent the rented house after the renovation is done

Question: I rented a façade room at the end of last year. Spend about 20,000 yuan to renovate.

But just a few months after doing this, the landlord is about to repossess the house. What should I do if I am not allowed to renew or sublease the lease with him? Lawyer Zhou:

If there are relevant provisions in the rental agreement, it is difficult to protect your rights if you do not. The lease contract is formed after the lessor and the lessee agree on the terms of the rent, term, liability for breach of contract, etc. Whether the housing lease contract has legal effect after establishment is mainly examined from the following four aspects.

1) Whether the subject of the contract complies with the requirements, that is, whether the lessor and the lessee have the constitutive elements of a valid civil act. For example, whether it is a person with no or limited capacity for civil conduct, or whether the lessor is the owner of the house or the person with the right to use the law. (2) Whether the house is prohibited from being rented by laws and regulations.

As long as the house is not prohibited by laws and regulations, it can be rented out in accordance with the law. According to the regulations, houses shall not be rented out under any of the following circumstances: (1) the house ownership certificate has not been obtained in accordance with the law; (2) Judicial and administrative organs have ruled or decided to seize or otherwise restrict real estate rights in accordance with law; (3) The co-owned house has not obtained the consent of the co-owners; (4) the ownership is disputed; (5) It is an illegal building; (6) does not meet safety standards; (7) It has been mortgaged without the consent of the mortgagee; (8) It does not comply with the relevant provisions of the competent departments of public security, environmental protection, health, etc.; (9) Other circumstances that prohibit leasing according to relevant laws and regulations.

3) Whether the content of the housing lease contract is legal. In practice, some housing lease contracts stipulate that the tenant will be charged a late fee of 2% per day for late payment of rent, utility bills, etc. From a legal point of view, this kind of agreement is unfair and voidable because the late payment fee is too high.

There is also a common situation where someone uses the rented house to carry out illegal and criminal activities, if it is true, then under the circumstances that the lessor knows or should know, such a lease contract is invalid and is not protected by national law, and the rent is confiscated according to law. (4) Whether registration and filing have been carried out. The Law on the Administration of Urban Real Estate, the Measures for the Administration of Urban Housing Leasing and the leasing regulations of the city all stipulate that the parties to the lease shall go through the registration and filing procedures with the real estate management department.

In practice, there are two views on whether an unregistered lease contract is valid, one is that the contract is invalid, and the other is that the lease contract is still valid but not effective against third parties.

It can only depend on how long the rental contract has been signed, if it has expired, there is no way but to find another, if it has not expired, the rent deposit should be refunded, and there are liquidated damages and the like on the contract that need to be paid.

The question is, if you still decorate the rented house, isn't this your own pit yourself! The landlord will definitely not give you the renovation fee. I can only consider myself unlucky, and teach myself a lesson.

Legal Analysis: You can actively negotiate with the homeowner. During the lease period, the landlord should fulfill the contractual obligations and not carry out acts that affect the renter's right to use, so the landlord cannot renovate the house while the contract is in force.

Legal basis: Article 704 of the Civil Code of the People's Republic of China 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.

Legal analysis: the lessee who bears the decoration costs should consider whether there is a specific agreement in the contract, generally there is an agreement in accordance with the contract, and if there is no agreement, the lessor and the lessee will negotiate and settle it. Here's a closer look at these two situations:

1) There is an agreement between the two parties.

If the parties have reached an agreement in the contract on who will bear the cost of the specialization, it should be executed in accordance with the agreement.

2) There is no agreement between the two parties.

1. The lessor does not agree to the decoration.

If the tenant's renovation behavior has not been approved by the lessor, the renovation cost shall be borne by the lessee himself. Because the lessee is in the consideration of its own interests, and the lessor cannot be required to bear the decoration costs without the consent of the lessor.

2. The lessor agrees to decorate.

If the lessee's renovation has obtained the consent of the lessor, the lessee shall bear the cost of renovation and restoration. If there is no special agreement or supplementary agreement, the tenant can only bear the cost of renovating the house. In addition, in general, the decoration of the main structure belongs to the lessor, and the aging of the auxiliary facilities belongs to the lessor.

If the main structure and ancillary facilities in the house are caused by improper use by the tenant, the tenant shall be responsible for compensation.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over Urban Housing Lease Contracts Article 9 The lessee has the consent of the lessor to decorate and decorate, and when the lease contract is invalid, the decoration and decoration that has not formed an attachment and the lessor agrees to use it can be owned by the lessor at a discount; If you do not agree to use it, you can dismantle it by the lessee. If the house is damaged due to demolition, the tenant shall restore the original state.

If the lessor agrees to use the attached decorations, they may be owned by the lessor at a discounted price; If they do not agree to use it, both parties shall share the loss of present value according to the fault that caused the contract to be invalid.

It is possible to actively negotiate with the homeowner. During the lease period, the landlord should fulfill his contractual obligations and not carry out acts that affect the renter's right to use it, so the landlord cannot renovate the house during the period when the contract is in effect.

Legal basis: Civil Code of the People's Republic of China Article 704 The content of the lease contract generally includes the name, quantity, use, lease term, rent and payment period and method of the leased property, and the terms and conditions of the leased property disturbing the land maintenance.

Legal analysis: There is no law that stipulates that the house cannot be rented out immediately after renovation, so the landlord's behavior is not illegal, but the landlord can request the termination of the contract, because the landlord has not clearly explained the actual situation of the house, and it can be proved that the contract is signed for deception and concealment, and it is an invalid contract.

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

Article 144:Civil juristic acts carried out by persons who do not have the capacity to make matters are invalid.

Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant laws and regulations.

Lawyer's analysis: It mainly depends on how you negotiate with the landlord, if you don't agree, it's okay to have a banquet, after all, the right to use the house during your rental period belongs to you.

Legal basis]:

Civil Code of the People's Republic of China

Article 205: This Part regulates civil relationships arising from the ownership and use of things.

Article 206 The State adheres to and improves the basic socialist economic systems, such as the public ownership as the mainstay, the common development of the economy under various forms of ownership, the distribution according to work as the mainstay, the coexistence of multiple distribution methods, and the socialist market economic system.

The state consolidates and develops the public sector and encourages, supports, and guides the development of the non-public sector of the economy.