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Article 224 of the Contract Law 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.
Article 226 The lessee shall pay the rent within the agreed time limit. Where there is no agreement on the payment period or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, and the lease period is less than one year, it shall be paid at the expiration of the lease period; If the lease period is more than one year, it shall be paid at the expiration of each year, and if the remaining period is less than one year, it shall be paid at the expiration of the lease period.
Article 227 If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may require the lessee to pay within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract.
Article 107:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 112:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, and the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.
Article 113:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that may be caused by the breach of the contract that the party violating the contract foresaw or should have foreseen at the time of entering into the contract.
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You have the landlord's consent to sublet the property, so the sublease contract between you is legally valid.
If the renter checks out without permission before the end of the agreed tenancy period, it is undoubtedly a breach of contract.
As for the calculation of liquidated damages, it depends on the agreement in your contract.
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Legal analysis: if the parties have agreed on the term of the lease, it is a fixed-term lease; If the lease period is not agreed, it is an indefinite lease; If the lease term is more than 6 months, but the written form is not adopted, it shall be regarded as an indefinite lease. The term of both fixed-term and indefinite leases shall not exceed 20 years.
If the lease term exceeds 20 years, the excess part is invalid.
Legal basis: Civil Code of the People's Republic of China
Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in written form. 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 lessor, make improvements to the leased property or add other things. 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. Briefly.
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Duration of the lease contract : 1If the parties have agreed on the term of the lease, it is a fixed-term lease; If the lease period is not agreed, it is an indefinite lease; If the lease term is more than 6 months, but the written form is not adopted, it shall be regarded as an indefinite lease.
2.The term of both fixed-term and indefinite leases shall not exceed 20 years. If the lease term exceeds 20 years, the excess part is invalid.
3.The lessor has the right to specify the term of the lease at the time of signing the lease contract and to take back the premises after the expiration of the lease. The tenant is obliged to return the rented premises after the expiration of the lease term.
If it is necessary to continue to rent the original leased house, the lessee shall propose 3 months before the expiration of the lease period, and obtain the consent of the lessor to re-sign the lease contract. 4.The lessor shall hand over the leased premises to the lessee for use in accordance with the period specified in the lease contract, and ensure the proper use of the lessee during the lease contract.
5.When the lessor needs to take back the premises before the expiration of the lease contract, it shall obtain the consent of the lessee in advance and compensate the lessee for its losses. Where the term of lease is not stipulated, and the owner of the house requests to take back the house for self-occupation, it shall generally be permitted, and if the tenant has the conditions to relocate, he shall be ordered to relocate; If the tenant has real difficulties in relocating, he can be given a certain period of time to find a house or vacate part of the house.
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Legal Analysis: The longest lease contract can be signedThe maximum lease term shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid.
Legal basis: Article 705 of the Civil Code of the People's Republic of China 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 period, the parties may renew the lease contract; However, the term of the lease agreed by Yu Thi Song shall not exceed twenty years from the date of renewal.
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Some housing lease contracts only stipulate the start time of rent, but do not stipulate the termination time, which is an indefinite lease contract. Most lease contracts clearly stipulate the duration of the lease, which is known as a fixed-term lease contract. The term of the fixed-term housing lease contract shall not exceed 20 years, and the excess part shall be invalid if it exceeds 20 years.
If the lessor of the fixed-term lease contract requests to terminate the contract in advance and take back the house, it is a breach of contract and shall bear the liability for breach of contract. After the expiration of the contract, if the tenant fails to vacate the house in time without renewing it, it is a breach of contract and shall bear the liability for breach of contract. In the case of an indefinite lease contract, both parties may request to terminate the contract at any time, but they shall give the other party a reasonable time to prepare by giving advance notice.
If the lease contract is not agreed upon and the lessee unilaterally terminates the contract, the lessee shall compensate the lessor for the loss. Generally speaking, if the remaining lease term exceeds 3 months, the compensation amount will be calculated and paid according to 3 months' rent; If the remaining lease term is less than 3 months, the compensation amount shall be calculated and paid based on the rent of the remaining lease term. >>>More
The first question is that if Party C is a bona fide third party, i.e., Party C does not know that Party A is the landlord of the house and signs a contract with Party B, according to the provisions of the Property Law, Party C has the right to refuse to pay the rent, and Party A violates the requirements of the Contract Law by collecting rent from Party C by coercion, and if Party A causes Party C's economic loss or personal injury, Party C may file a civil lawsuit to obtain compensation, and if the circumstances are serious, Party C may initiate a criminal lawsuit for the crime of compulsion. >>>More
Hand in your lease contract (excluding the processing area on the second floor) and the contract signed with the landlord: Housing lease contract Lessor: (Party A) Tenant: >>>More
Housing lease contract.
Party A (lessor) ID number >>>More
I am very sympathetic to you about this, but judging from the facts you stated, you did not stipulate the lease period in the lease contract, which is an indefinite lease from a legal point of view, and the other party can terminate the contract at any time as long as you give you a certain amount of time to prepare and notify you in advance. As for the three-year verbal agreement you mentioned, evidence is needed, and why didn't the time be written when the lease contract was signed? If there is no solid evidence, it is against you.