-
1. The name and address of the subtenant and the third party;
2. The name, area, address, facilities, etc. of the house;
3. Lease term;
4. The sublease of the house has been agreed by the lessor;
5. Rent and payment method;
6. Liability for breach of contract, etc.
[Legal basis].Article 470 of the Civil Code of the People's Republic of China.
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;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
-
Legal analysis: (1) the housing lease contract is valid and has not been terminated (2) with the consent of the lessor. (3) The sub-lessee must meet the statutory conditions.
The sub-lessee is actually the lessee in the housing sublease contract, and its legal status is the lessee, and the purpose of calling it a sub-lessee is only to distinguish it from the lessee in the housing lease contract, so as to clarify the relationship between it and the lessor and the lessee. (4) The content of the housing sublease contract is compatible with the content of the housing lease contract.
Legal basis: 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 term of the sublease exceeds the remaining 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.
-
The most important thing to sign a sublease contract is to obtain the consent of the lessor. The so-called consent of the lessor can be either when the house lease contract is signed, the lessor indicates that the lessee is allowed to unilaterally sublease the house, or after the house lease contract is signed, the lessor clearly indicates that the lessee will sublease. Regardless of when the consent is given, the lessor should consent by explicit means rather than by implicit.
When subletting, the number of subleased houses, the term of the lease, and the purpose of the lease should be agreed by the lessor, and cannot exceed the scope agreed by the lessor.
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 of blind oak.
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.
Article 718 Where 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. Article 719 If the lessee is in arrears of rent, the sub-lessee may pay the rent and liquidated damages on behalf of the lessee, except where the sublease contract is not legally binding on the lessor.
The rent and liquidated damages paid by the sub-lessee on behalf of the sub-lessee can be offset against the rent that the sub-lessee should pay to the lessee; If the amount of rent payable is exceeded, it may be recovered from the lessee.
-
Legal analysis: (1) the housing lease contract is valid and has not been terminated (2) with the consent of the lessor. (3) The sub-lessee must meet the statutory conditions.
The sub-tenant is actually the lessee in the sublease contract, and its legal status is that Jing Qingbo is the lessee, and the purpose of calling it a sub-lessee is only to distinguish it from the lessee in the housing lease contract, so as to clarify the relationship between it and the lessor and the lessee. (4) The content of the housing sublease contract is compatible with the content of the housing lease contract.
Legal basis: Civil Code of the People's Republic of China Article 7 Liangxiang 17 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, and the agreement on the excess part is not legally binding on the lessor, unless otherwise agreed between the lessor and the lessee.
-
Introduction: The sublease contract is a contract to be signed between the subtenant and the lessee when Congling goes out before the house is transferred. This article mainly introduces you to how to write the content of the sublease contract template.
Model sublease contract
The sublease contract should first fill in the name and ID number of the subtenant (i.e., Party A), and the name and ID number of the tenant (i.e., Party B).
In the second step, the two sides negotiate on eight contents:
1.The sublessee must obtain the consent of the original lessor and fill in the leased address, for example: the leased address is a province, city or region, which is used by the sublessee and the lessee;
2.Specify the term of the sublease, for example: the sublease period starts from XX-XX-XX to the end of XX-XX-DD, a total of years;
3.A detailed description of the rent:
1) The specific amount of rent per month, for example: the monthly rent is RMB, which should be paid before the date of each month and paid directly to the landlord;
2) Calculate the rent deposit during the lease period, for example: the deposit is RMB, and the deposit will be returned to the tenant without interest at the end of the sublease period;
4.Restrictions on the use of subleased property:
1) The sublet house must be used for residential use, especially not as illegal use, nor can it be used to place any prohibited items and dangerous items;
2) Without the consent of Party A, Party B cannot sublease, pre-lease, lease or otherwise allow others to use the house in whole or part of the house;
3) Once the lease period expires, Party B must immediately exchange the leased house, and cannot ask Party A for relocation fees or any other expenses;
4) If Party B wants to renovate the house or modify the house facilities, it must seek the consent of Party A, and shall not modify or damage it without authorization.
5.Burden of Danger: During the lease period, if there is any unnatural damage to the house, Party B shall compensate Party A;
6.Liability for breach of contract: If Party B violates any of the provisions of this contract, it shall pay liquidated damages equal to 1 times of the rent;
7.Other matters, such as utilities such as water and electricity, should be paid by Party B.
8.This contract should be marked in duplicate, one for each of the parties and the guarantor.
You can get it for free
Article 224 of the Contract Law of the People's Republic of China stipulates: ". >>>More
Both of you must agree to the lease, but you must get the consent of the lessor, if the lessor does not agree to sublet. It's going to be a hassle. If you still have questions, you can search for ** in my name, there are many lawyers out there who offer free ** consultations.
Of course, the price must be reasonable first, and the most important thing is that the information dissemination platform should be large, and you rely on a few people to help you publicize it, help you find it, or post it at the door"Wangpu subletting", there is certainly nothing efficient. It's good to find a relatively large ** agent and ask them to help you advertise.
1. The name or title and address of the parties;
2. The address and area of the house; >>>More
The rental contract template can be found in the Housing and Urban-Rural Development Bureau**, mainly pay attention to the following 6 places: 1. Fill in Party A and Party B; 2. Fill in the location of the house; 3. Write down the lease term and rent; 4. Fill in the liquidated damages and liability for breach of contract; 5. Fill in the supplementary agreement; 6. Signature and drawing.