Shared housing has become a common phenomenon in many cities, especially for some new salarymen. Nowadays, many co-leases are sublet by the tenant, and most of them are sublet without the consent of the landlord. So is it valid for the lessee to sublet without authorization?
Netizen consultation:
Whether the lessee subleases without authorization is not valid
Lawyer answers:
According to 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, 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. Therefore, if the tenant subleases the premises without authorization, it is invalid, and the losses suffered can only be claimed from the subtenant (tenant) in accordance with the relativity of the contract.
Lawyer adds:
The circumstances under which a contract can be revoked are as follows:
1. The parties signed the agreement based on a major misunderstanding;
2. A contract signed by a party or a third party due to fraud
3. One party or a third party compels the parties to sign the agreement by coercion
4. It was obviously unfair when it was established.
[Laws and Regulations].
Article 716 of the Civil Code.
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.
If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.
Article 717.
If 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, 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.
If the lessor knows or should know about the lessee sublease, 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 owed on behalf of the lessee, except where the sublease contract is not legally binding on the lessor.
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