House sublease

Sublease refers to the lessee's behavior of subletting part or all of the leased house during the lease period, including delivering the leased house to others for use in the name of joint venture, contracted operation and cooperative operation, and obtaining the guaranteed income of rent nature, which are all subleases. Conditions of sublease: 1. The lease term stipulated in the lease contract shall not exceed 20 years. More than 20 years, more than part is invalid. 2. If the lease term exceeds six months, it shall be in written form. If the parties fail to take a written form, it shall be regarded as an indefinite lease. With the consent of the lessor, the lessee may sublet the leased property to a third party, and the original lease contract shall remain valid. If a third party causes losses to the leased property, the lessee shall compensate for the losses. 4. If the lessor sells the leased house, it shall notify the lessee within a reasonable period before the sale, and the lessee has the preemptive right under the same conditions. 5. For house leasing, the lessor and lessee must go through the lease registration and filing procedures, and the materials to be submitted for filing: real estate ownership certificate or other legal ownership certificate; The identity certificates of the lessor and lessee or the registration certificates of legal persons and other organizations; House lease contract.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 705 The lease term shall not exceed 20 years. More than twenty years, the excess part is invalid.

At the expiration of the lease term, the parties may renew the lease contract; However, the agreed lease term shall not exceed twenty years from the date of renewal.

Article 716 The lessee may sublease the lease item to a third person with the consent of the lessor. If the lessee sublets, the lease contract between the lessee and the lessor shall remain valid; If a third party causes losses to the lease item, the lessee shall compensate for the losses.

If the lessee sublets without the consent of the lessor, the lessor may terminate the contract.

Article 717 Where the lessee subleases the lease item to a third person with the consent of the lessor, if the sublease term exceeds the remaining lease term of the lessee, the agreement beyond the lease term is not legally binding on the lessor, unless otherwise agreed by the lessor and the lessee.

Article 718 Where the lessor knew or should have known about the sublease, and did not raise any objection within six months, it shall be deemed that the lessor agreed to sublease.

Article 719 Where the lessee is in arrears with the rent, the sublessor may pay the rent owed and liquidated damages on his behalf, except that the sublease contract is not legally binding on the lessor.

The rent and liquidated damages paid by the sublessor can offset the rent that the sublessor should pay to the lessee; If it exceeds the amount of rent payable, it may claim compensation from the lessee.

Article 720 During the lease term, the proceeds from the possession and use of the lease item shall belong to the lessee, unless otherwise agreed by the parties.

Derivative problem:

What should I pay attention to when subletting?

Attention should be paid to individual subletting: 1. After subletting the house, the tenant of the subordinate complete house will increase the users of the common parts, which may affect the normal use of the common parts by the adjacent users. Therefore, the lessee shall keep the common parts in their original state, and shall not arbitrarily expand the common parts to affect the adjacent users. If the lessee wants to change the use of the common parts, it needs to obtain the consent of the original lessor and the adjacent users. 2. The lease term stipulated in the house sublease contract cannot exceed the last lease date stipulated in the house lease contract. The private sublease parties shall register with the county real estate trading center where the house is located within 15 days after signing the sublease contract: the registration certificate of the lease contract; Sublease contract; The personal identity certificate of the sublease lessee or the registration certificate of the enterprise or other organization. 3. If the materials submitted by the parties to the sublease contract meet the requirements, the registration certificate of the sublease contract shall be issued by the real estate transaction center of the county where the house is located or the real estate transaction registration office established by the Municipal Real Estate Bureau in the farm system. 4. Private sublease rent shall be determined by both subleases. The lessor may agree with the lessee to get a certain percentage of the income from the rent of the leased house; If the lease contract does not stipulate the distribution of sublease rental income or the lessor agrees to sublease in writing, the lessor has no right to obtain income.