Job Recruitment Website - Property management company - The landlord rented the house to A, and now A rents half of the house to me. What should I pay attention to when seeking a lease contract?
The landlord rented the house to A, and now A rents half of the house to me. What should I pay attention to when seeking a lease contract?
"With the consent of the lessor, the lessee may sublet the leased property to a third party.
If the lessee sublets, the lease contract between the lessee and the lessor shall remain valid, and if a third party causes losses to the leased property, the lessee shall compensate for the losses. This clause stipulates the lessee's right to sublease, indicating that the lessee can exercise part of the lessor's rights as long as he has the legal authorization of the lessor, but the exercise of the rights is limited to some extent. "The following is a model contract:
(ContractNo.:)
Both parties to the contract:
Lessee (Party A):
Lessee (Party B):
According to the Contract Law of People's Republic of China (PRC) and the Regulations of Shanghai Municipality on House Lease, on the basis of equality, voluntariness, fairness, honesty and credit, Party A and Party B have reached the following agreement on matters such as the subletting of the legally rented house by Party A to Party B, the income and the payment of rent by Party B to Party A through consultation. ..
First, the situation of subletting the house
1- 1 the _ _ _ _ _ _ _ (public residence/non-public residence) legally rented by party a, which is located in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ See Annex (1) of the Contract for the floor plan of the House.
1-2 * * use requirements of the house or the scope and conditions of the contract; The status of existing decoration, ancillary facilities and equipment shall be agreed by both parties in annexes (2) and (3) of this contract. Party A and Party B agree to use Annexes (2) and (3) as the acceptance basis for Party A to deliver the house to Party B and for Party B to return the house to Party A after the expiration of this sublease.
Second, the purpose of the lease
2- 1 Party A has shown Party B the number _ _ _ _ (lease contract registration certificate/lease certificate for renting public houses). The purpose of the house is _ _ _ _ _ _, and Party B promises to use the house according to the purpose specified in _ _ _ (lease contract registration certificate/public housing lease certificate).
2-2 Party B guarantees that it will not change the use of the house without prior written notice to Party A, and before Party A obtains the written consent of the lessor according to the lease contract and reports it to the relevant departments for approval as required.
Three. Sublease term and delivery date
3- 1 Party A and Party B agree that Party A shall deliver the house to Party B before _ _ _ _. The sublease period is _ _ months. From _ _ _ _ to _ _ _ _. Party A guarantees that the sublease term shall not exceed the lease term of (lease contract/previous sublease contract).
3-2 Upon the expiration of sublease, Party A has the right to take back the house, and Party B shall return it as scheduled. If Party B needs to continue to lease the house within the term stipulated in the lease contract, it shall submit a written request for renewal of the lease to Party A _ _ months before the expiration of the sublease period, and re-sign the sublease contract with the consent of Party A. ..
Four. Rent, payment method and time limit
4- 1 Party A and Party B agree that the daily rent of the house per square meter is (_ _ currency) _ _ yuan, and the total monthly rent is (_ _ currency) _ _ yuan. (In words: _ _ _ _ _ _ ten thousand yuan/hundred yuan/year/month, and the house rent remains unchanged). Both parties can negotiate to adjust the rent from. Relevant adjustment matters shall be agreed by both parties (Party A/Party B) in the supplementary terms.
4-2 Party B shall pay the rent to Party A before _ _ every month. If the payment is overdue, Party B shall pay% of the daily rent as liquidated damages for each day overdue.
4-3 The way for Party B to pay the rent is as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Verb (abbreviation for verb) Other expenses
5- 1 During the sublease, the expenses of water, electricity, gas, communication, equipment and property management shall be borne by _ _ _ _ _ _ _ _ (Party A/Party B). Other related expenses shall be borne by _ _ _ _ (Party A/Party B).
5-2 Calculation or allocation method, payment method and time of Party B's payment: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Six, housing use requirements and maintenance responsibilities
6- 1 During the sublease, if Party B finds the house and its ancillary facilities damaged or damaged, it shall notify Party A when applying; According to the lease contract, Party A shall carry out maintenance within _ _ days after receiving the notice from Party B. If it fails to do so within the time limit, Party B may carry out maintenance on its behalf, and the expenses shall be borne by Party A. ..
6-2 Party B shall reasonably use and care for the house and its ancillary facilities. If the house and its ancillary facilities are damaged or broken down due to improper or unreasonable use by Party B, Party B shall be responsible for maintenance. If Party B refuses to repair, Party A or the lessor can repair it for him, and the expenses shall be borne by Party B.. ..
6-3 During the sublease, Party A guarantees that the house and its ancillary facilities and equipment are in normal use and safe state. If Party A or the lessor needs to inspect and repair the house, it shall notify Party B _ _ days in advance. During the inspection and maintenance, Party B shall cooperate. If Party B obstructs the maintenance, Party B shall bear all consequences.
6-4 During the sublease, if the lessor needs to rebuild, expand or decorate the house, Party A is obliged to inform Party B ... The specific matters can be agreed by both parties in the terms.
6-5 If Party B needs to decorate the house or add ancillary facilities and equipment, it shall notify Party A in advance, and Party A shall obtain the written consent of the lessor according to the lease contract. In accordance with the provisions of the need for approval by the relevant departments, it shall be reported to the relevant departments for approval before it can be carried out.
Seven, the state of the house when it is returned.
7- 1 Unless Party A agrees to renew Party B's lease, Party B shall return the house within _ _ days after the expiration of the lease term of this contract. Without the consent of Party A, if Party B fails to return the house within the time limit, Party B shall pay the occupancy and use fee of the house to Party A at the rate of RMB per square meter for each day overdue.
7-2 When Party B returns the house according to the agreement in this contract, it shall go through the formalities of rent withdrawal only after Party A has accepted and settled their respective expenses.
Eight. Sublease, transfer and exchange
8- 1 During the subletting period, Party B shall notify Party A in writing in advance of subletting the house, and Party A shall obtain the written consent of the lessor according to the lease contract.
8-2 Party B promises to Party A that during the sublease period, it will not transfer the lease right of the house to others or exchange it with the rented house of others.
Nine. Dissolve the provisions of this contract
9- 1 During the sublease, if the lease contract is dissolved, this contract will also be terminated. If Party B suffers losses due to the termination of this contract, Party A shall pay Party B a penalty of _ _ times the monthly rent. If the liquidated damages paid are not enough to make up for Party B's losses, Party A shall also be responsible for compensation. Except in the following cases:
(a) to recover the land use right of the occupied area of the house in advance according to law;
(two) due to social interests or the needs of urban construction, the house is expropriated or demolished according to law.
(3) The house is damaged, lost or identified as a dangerous house; (4) Party A has been informed that the house has been mortgaged before renting, and is now being punished.
9-2 Both parties agree that in any of the following circumstances, one party may notify the other party in writing to terminate this contract. The breaching party shall pay the other party a penalty of _ _ _ times the monthly rent; If losses are caused to the other party, and the liquidated damages paid are insufficient to make up for the losses of Fu Yifang, the difference between the losses and liquidated damages shall also be compensated.
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