Matters needing attention in store lease contract

Matters needing attention in store lease contract

A shop lease contract generally includes the following aspects: the name, title and domicile of the parties; The location, address, area, decoration and facilities of the house, and the purpose of lease; Term of lease; Rent and delivery method; Housing conditions and maintenance responsibilities; Some agreements on subletting; Contract modification and rescission clauses, liability for breach of contract and other agreed clauses, etc.

First, sublet? Transfer? And an independent lease contract.

When a merchant rents a shop for a period of time, he often considers the rented shop because of poor business conditions? Transfer? Or sublet. When renting a shop, be sure to find out who the real owner is. If the operator is not the owner now, it will involve subletting or transfer. In store leasing, subletting and transfer are very common. We have encountered a situation where the chain is nearly ten hands, which is amazing.

While maintaining the lease relationship between the sub-tenant and the landlord, the practice of deriving the lease contract between the sub-tenant and the sub-tenant belongs to shop sub-lease; The practice that the original lessee withdraws from the lease contract and the new lessee replaces the legal status of the original lessee belongs to the store transfer (lease contract); When the original lease contract is terminated, the new lessee and the landlord re-sign the lease contract and conduct brand-new negotiations on the issues involved in the lease contract. This is an independent lease contract.

When subletting is adopted, it is necessary to confirm whether the sublessor has the right to sublease, ensure that the lease term of this lease contract does not exceed the lease term of previous lease contracts, and review the effectiveness of all previous lease contracts. Because the effectiveness of the sublease contract depends on the effectiveness of the prior contract and the effectiveness of the prior sublease right. In practice, even if the previous contracts stipulate the right to sublease, it is best to ask the landlord for written confirmation. Because the rents of shops usually keep rising, it is not uncommon for landlords to refuse to sublet and demand higher rents. Moreover, the validity of the previous contract has not been confirmed by litigation or notarization, and the review can only be preliminarily determined.

When transferring the lease contract, the best and simplest way is to explain and supplement the original lease contract in order to keep the consistency of the contents of the contract before and after. But we must pay attention to the relationship between the fulfilled contractual obligations and the unfulfilled obligations, especially the down payment and unpaid rent.

When using an independent lease contract, it is mainly to confirm that the original lease contract has been effectively terminated, and be careful not to let the disputes left over from the original lease contract affect your own lease contract.

No matter which way you rent a shop, you have business habits. Transfer fee? problem That is, when I rented a shop last time, I invested a certain amount of money for decoration and other reasons. When the last family withdraws from business and delivers it to the next family for use, the next family is required to give some compensation. Even if the decoration cost is not much or there is no decoration at all (some are purely investment leasing), in the market with strong demand for shops, the next home can't refuse the request of the last home. As long as the transfer fee is agreed, there is no illegal or compulsory statement.

Second, the issue of business license.

Operators need to apply for business licenses and other procedures before they can operate legally. According to the law, operators need to have business premises, and they need to provide real estate licenses or lease contracts when handling business licenses. Generally speaking, when the industrial and commercial bureau handles the business license, if the previous business license of the operator in the store has not been cancelled or changed to another registered address, the new lessee cannot use the store to handle the new business license (this is different from the business license of shopping malls, markets and other comprehensive places and the business license of specific booths).

However, many operators borrowed their previous business licenses instead of applying for them. In fact, this kind of operation does not constitute cooperative operation or contract operation. In fact, it is illegal to sublet a shop or transfer a lease contract by borrowing a license. On the one hand, it is not completely legal, on the other hand, it is easily subject to the previous hand.

In addition, some owners split shops without authorization and let out multiple shops separately. This will also lead to obstacles for businesses to apply for business licenses.

Third, the problem of decoration.

After each merchant takes over the store, it is usually necessary to carry out some renovation before opening; Some franchisees, agents and chain stores also emphasize the unity of decoration style. However, the specific rented shops may not be able to meet this requirement, because the decoration of shops cannot destroy the main structure.

At the same time, after the lease contract expires, how to deal with the decoration should also be clearly stipulated in the lease contract. Otherwise, the lessee's claim for compensation and the lessor's claim for restitution will easily conflict.

Fourth, capacitance.

Some shop operators have special requirements for capacitors and need to expand them. However, capacity expansion is not an easy task, and it needs to be approved by relevant departments, and capacity will be restricted in strict accordance with the plan.

Verb (abbreviation of verb) attracts investment.

In order to attract merchants, some newly opened shopping malls or markets often express or imply that a business circle with perfect supporting facilities and good popularity will be built in the near future, and give merchants various verbal promises. However, the facts often make it impossible for leasing companies to do this, or even lose all their money.

Sixth, the issue of cooperation obligations.

After renting the store, many things need the cooperation of the landlord. For example, applying for a business license requires the landlord to provide the real estate license, and the decoration, especially the expansion, requires the landlord to provide relevant materials. However, if there is no agreement on these issues in the contract, the landlord will often refuse to cooperate on the grounds of no obligation, or delay cooperation for other reasons.

VII. Purpose of the Contract

We know that in China's complex administrative system, various administrative departments such as health, industry and commerce, fire protection and planning manage and restrict the business activities of businesses. The intervention of these departments often defeats the purpose of using rental shops for commercial operations. For example, the catering activities of shops along the street in the basement of residential buildings are restricted by the sanitation department. These restrictions have not been fully understood and predicted by enterprises.

However, if the purpose of leasing the store is stipulated in the contract, when the business activities are restricted by the relevant administrative departments, the lease contract can be terminated on the grounds that the purpose of the contract cannot be achieved, and there is no need to bear the liability for breach of contract.

Eight, the demolition problem

Merchants who rent shops often hope to operate stably for a long time. If the business is acceptable, they will increase their investment. But in case of demolition, the wishes of the merchants will be shattered. If it has been included in the red line of demolition, it is even impossible to apply for a business license. Consider that landlords, especially sublessors and assignors, may conceal these important information. Therefore, it is very important to predict the trend of future relocation and consult the red line map of urban planning, and it is also necessary to make an agreement on possible relocation in the contract.

Nine, clear the address area, scope and lease purpose of the store or property to be leased.

1. For example, the house number of a store located in a street in a certain district of Chengdu must be clear, and the specific area should be clear, emphasizing the scope and writing it on the map. Be sure to draw your own scope on the building structure diagram and list it in the contract, because if there is no clear scope, a passage or a wall may cause controversy in the future.

2. Write down what it is used for, such as catering and home. Before signing the contract, make sure what you want to do. For example, if you want to open a restaurant or a beauty salon, you must first limit it and write it in the contract. What to do must be expressed, in case the owner or lessor gives you trouble in case of conflict. This is also decided by both sides, and everything is to avoid possible conflicts. Be sure to define the usage of the expression clearly. If you want to do other formats in the future, you can discuss with the lessor.

X. clarify matters related to rent.

1. Payment method of rent:

First of all, indicate the lease date and the way to pay the rent. Write down the year and print it clearly. Don't leave any spaces in the printing process, and then attach capital letters. Secondly, it must be clearly stated whether the payment method of rent is monthly, quarterly or annual. It's best not to say once every three months, but to be specific, preferably to which day of the month. It should also be noted that legal holidays will be postponed, for example, money will be distributed on the 3rd of each month, but everyone will be closed on June 5438+1October 3rd, and this will be postponed. This is to prevent some people from saying that the tenant wrote that he would pay the landlord on the 3rd, and also to show the amount of late fees that should be paid for the arrears of rent. Moreover, it is also necessary to indicate the mode of payment, whether it is cash or check. It is best to indicate the way of cash or check, otherwise it may be said that something was mortgaged to you, causing unnecessary trouble.

2. Rent adjustment:

The time and method of rent adjustment should be clearly defined in the contract. Generally speaking, the landlord may raise the rent after three to five years, so the lessee should not feel unwilling to raise the rent by 2% after three to five years. The landlord can't judge how much it will rise, so he will sign it every year. However, if you are a high-investment entity, you should sign more time, otherwise the landlord can completely coax you into not signing with you after one year, and your decoration will be in vain. These must be considered.

3. Rent-free period:

The usual rent-free period is 30 to 45 days, which is the period for tenants to decorate or apply for licenses. Some people didn't know there would be such a rent-free period. Rent-free period is generally stipulated, but sometimes it is not easy to get rent-free period, for example, it is not easy to get rent-free period when the store location is very good. If you win the rent-free period, you may need to give the lessor some financial compensation.

4. Lease deposit and deposit:

Generally, a certain lease deposit should be paid to the landlord before signing the agreement. On the one hand, it means that the landlord must give priority to you in the house. If the landlord defaults, the deposit will be returned to the lessee in double. If the lessee breaches the contract, this deposit will not be refunded.

The amount of the lease deposit is generally one to two months' rent. This deposit is interest-free and can guarantee certain interests of the lessee. If the deposit is negotiated with the landlord, it can be converted into rent when signing a formal agreement to pay the rent. Secondly, there is a deposit, which is different from the deposit. There will always be a deposit when the agreement is formally signed, which will be paid by the lessee to the lessor. This will always be on the landlord during the lease period, and will actually play the role of a deposit when the lessee defaults, but it will not be mentioned in the contract. Generally, after the end of the whole lease period, the deposit will be returned to the lessee, and some of the fees that should be returned will be paid off to the landlord. But once there is some wear and tear or problems, it will be deducted from the deposit until it is deducted. In addition, the previous lease deposit can also be converted into a deposit after the agreement is formally signed.

XI。 Decoration problem

If the lessee needs to decorate or add ancillary facilities and equipment, or make some major and key structural changes, it should obtain the written consent of the lessor in advance, and report it to the relevant departments for approval according to regulations, and then the lessor entrusts the lessee to report it to the relevant departments for approval. For example, urban management and municipal departments generally come here for approval. If other issues are involved, such as environmental protection and fire protection, they have to go to these departments for approval. In some cases, it may be necessary to go to all departments for approval. For example, if the fire escape is changed during renovation, the permission of the fire department must be obtained, and the transportation department must also go. The lessee shall be responsible for the ancillary facilities and equipment added by the lessee and their maintenance responsibilities.

How to apply for permission during decoration must be written into the contract. For example, a brand will not change the decoration and LOGO of the facade as flexibly as other independent formats. Brands need to be unified. For example, McDonald's must have a big M. If it can't be done because of space constraints, you can't choose this store. Therefore, these must be clear, and the design purpose of the lessee should be achieved according to the brand requirements, not only external but also internal structure.

Secondly, the signboard should also be written in. Maybe many people will think that I am cooking here. Why not let me make a mark? Actually, it's not like this. It must be written into the contract and the signboard must be provided free of charge. Otherwise, some of them may be prosecuted. This is very common, so take these into account in advance, so that the lessor can provide the signboard position that meets your requirements and write it into the contract. Signboards need to be approved by government departments, not just the lessor, which also requires prior permission. In fact, this kind of license plate sounds troublesome, and it needs certain procedures when it is formally approved, but it is still possible to consult in the early stage. For example, can you put up a sign in this place? He will tell you, and then you can move on to the next step.

Twelve, clear delivery terms.

First, be sure to specify when and under what conditions to hand over the house, and this should also be written in the contract. If this is not clear, the agreement may not be signed, but the lessor will delay your time from time to time, or other factors have caused the delay of the house instead of the landlord's human factors. If you have this clause, it can be used to bind the lessor.

2. When delivering the site, the landlord must be required to provide detailed structural drawings of the rented house, various relevant documents, water supply and drainage, power supply and other information, and specify the terms of delivery of the site.

Another point is that in the delivery of the venue, if it involves the registration of your business license in this place, you must confirm whether there are relevant procedures for handling the business license.

Thirteen. Exclusivity clause

Whether dealing in branded clothing, catering or entertainment, if you want to exclude competitors, you'd better add this clause: it can be stipulated in the contract, for example, if you rent a store in a building, let Party A guarantee that any business form or business form directly or indirectly related to what you are engaged in will not enter the building during your contract period, and it is best to list in detail which brands are not allowed to enter. This is the practice of some experienced merchants or big brands. Many people may not know that there is such a clause, and it is an exclusive clause that needs attention when signing a contract.

Fourteen, determine the exclusive right to use

You should be able to ensure that you have the only right to use your rented property. Many people may think that he rents it to me for my own use, but sometimes it is not. It must be made clear in the contract to prevent the occurrence of some undesirable phenomena similar to those in residential leasing. In addition, you need to ensure that the leased property, such as belonging to a certain group, has changed its affiliation, but this change in affiliation cannot affect your lease right.

15. It is suggested that the lessee make the following legal preparations before signing the store lease contract.

(a) to verify whether the lessor has legal rental qualifications;

The lessee can check the real estate license and the corresponding identity documents to determine whether the lessor has the qualification to rent the store. If the lessor is not the owner of the house, the lessee shall ask the other party for the relevant written proof that the owner of the house agrees to sublease.

(two) to verify the legal nature of the leased house:

1. The lessee shall investigate the use and land use of the leased house according to the purpose of the lease. It is necessary to ensure that the type of rental housing is commercial and the land use is non-residential. Otherwise, the business license cannot be issued and the purpose of the contract cannot be achieved;

2. In order to protect the interests of the lessee, it is suggested that the lessee go to the local housing authority to investigate whether there is a mortgage and other rights burden on the house;

3. Understand whether the lease registration information already exists in the house. If it exists, the new lease contract will not be registered, the new lease relationship will not be able to confront the third party, and the business license of the new lessee will also be affected, and the purpose of the contract will not be realized.

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