How to sign a sublease contract for a second landlord?This is a concern for many tenants and second-hand landlords. If a sublease is not properly signed, it can lead to tenant eviction, second-hand landlord prosecution, and even fines.So, how can you sign a legal, reasonable, and compliant sublease contract?
First of all, let's be clear about what subletting is. Second-hand landlord sublease refers to the act of renting out all or part of the house to the second landlord after the owner of the property rents out the house or part of the house to the second landlord, and then the second landlord rents the house or part of the house to another tenant.
Second, we understand how legal subleases are. 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". It can be seen that the second landlord can sublet the house to a third party as long as the consent of the original landlord is obtained.
Finally, before preparing to sign a sublease contract, remember to verify the identities and permissions of all parties, and stipulate the lease term, rent-free period, and specific time for rent payment in the contract to ensure that the sublease contract is signed in accordance with the law.
First, it is necessary to clarify the identity, rights and obligations of both parties. The sublease contract shall indicate the basic information such as the names, ID numbers, and ** of both parties, as well as the status and roles of both parties in the original lease contract. For example, a second-hand landlord should declare that he or she has a valid lease contract with the owner of the property and has been granted permission to subletThe parties shall also agree on their respective rights and obligations to be performed during the sublease period, such as paying rent, water and electricity charges, property fees and other expenses, maintaining housing facilities, and complying with relevant regulations.
Second, it is necessary to clarify the scope and duration of sublease. The sublease contract of the second-hand landlord should indicate the specific scope of the sublease, such as the whole house or some rooms, and the specific duration of the sublease, such as when and when. In general, the scope and duration of the sublease must not exceed the scope and duration agreed in the original lease contract. For example, if a second landlord has a two-year lease contract with the owner of the property, then he can only rent out the whole or part of the property to other tenants for two years.
Third, it is necessary to clarify the responsibilities and risks of sublease. The sublease contract of the second landlord should indicate the responsibilities and risks of the sublease, such as who is responsible and how to solve the problem in the event of damage to the house, loss of items, adjacent disputes, etc. For example, if the second-hand landlord rents out the whole or part of the property to another tenant, and during the sublease there is damage to the house, adjacent disputes, etc., then the second-hand landlord should be responsible for this and negotiate with the owner of the property to settle the matter.
For your convenience, I provide a sample sublease contract here, which is for reference only and does not constitute legal advice.
Sublease contract
Sub-lessee (Party A):
ID number: Unified Social Credit**).
Sublessee (Party B):
ID number: Unified Social Credit**).
In accordance with the provisions of the Civil Code of the People's Republic of China and relevant laws and regulations, on the basis of equality, voluntariness, fairness and good faith, Party A and Party B have reached a consensus through consultation on matters such as Party A subleasing the house leased in accordance with the law to Party B for use, income, and payment of rent by Party B to Party A.
Article 1 Sublease of the house
Party A will sublease all the houses located in accordance with the law with a construction area of square meters to Party B.
The sublease of the property is in accordance with the sublease agreement of the housing lease contract and the written consent of the lessor has been obtained.
Article 2 Lease Purpose
Party A and Party B agree on the purpose of the house, and Party B promises to use the house according to the agreed purpose. Party B guarantees that it will not change the use of the house without prior written notice to Party A during the sublease period, and Party A shall obtain the written consent of the lessor in accordance with the lease contract and report to the relevant departments for approval as required.
Article 3 Term, delivery and renewal of sublease
1. Party A and Party B agree that the sublease period of the house shall be from XX-XX-XX to XX-XX-DD. Party A warrants that the sublease term does not exceed the lease term of the original lease contract.
Party A shall deliver the house to Party B before the date of xx/xx.
2. At the expiration of the sublease period, Party A has the right to take back the house, and Party B shall return it as scheduled. Within the term agreed in the lease contract, if Party B requests to renew the lease, it must submit a written intention to renew the lease to Party A one month before the expiration of the sublease period, and re-sign the sublease contract with the consent of Party A.
Article 4 Rent and Payment
1. Rent standard: RMB (capitalized: ) (year, half, quarter, month), and the total rent is RMB (capitalized: ).
2. Party A and Party B agree that the rent payment date is as follows:
3. Party A and Party B agree that the rent shall be remitted by Party B to the following account designated by Party A:
Party A's bank:
Party A's Account Name:
Party A's account number:
4. During the sublease period, if the relevant national policies are adjusted, the rent standard will be adjusted according to the new policyIn addition, neither Party A nor Party B shall adjust the amount, time and method of payment of rent without authorization. If one party wants to adjust the amount, time and method of payment, it shall negotiate with the other party to determine.
Article 5 Deposit and other expenses
1. Party B shall pay the deposit of RMB (capitalized: ) to Party A on the date of xx-xx-xx and its payment method is the same as that of rent.
After the expiration of the lease or the termination of the contract, in addition to deducting the expenses and rent that Party B should bear and the liability for breach of contract that Party B should bear, the remaining part of Party A shall be returned to Party B in full.
2. During the sublease period, Party B shall bear all the expenses incurred by Party B due to the use of the house, such as water, electricity, ** fee, cable TV fee, network fee, gas fee, heating fee, property management fee, etc., according to the actual amount incurred, and all the consequences such as late fees arising from failure to pay on time shall be borne by Party B.
Article 6 Housing use, maintenance, decoration and reconstruction
1. During the sublease period, Party A guarantees that the house and its ancillary facilities and equipment are in a normal usable and safe state. If Party A or the lessor wants to inspect and maintain the house, it shall notify Party B working day in advance. Party B shall cooperate with the inspection and maintenance. If Party B obstructs maintenance and repair, Party B shall be responsible for the consequences.
2. Party B shall reasonably use and take care of the house and its ancillary facilities. If the house and its ancillary facilities are damaged or malfunctioned due to improper or unreasonable use by Party B, Party B shall be responsible for repairing them. If Party B refuses to repair, Party A or the lessor may repair it on behalf of Party B, and the cost shall be borne by Party B.
3. During the sublease period, Party B shall notify Party A in time if it finds that the house and its ancillary facilities are damaged or malfunctioned not due to improper or unreasonable use by Party BAccording to the lease contract, Party A shall carry out maintenance within a few days after receiving the notice from Party B. If the maintenance is not overdue, Party B can repair it on behalf of Party A, and the cost shall be borne by Party A.
4. During the sublease period, if the lessor proposes to reconstruct, expand or decorate the house, Party A shall notify Party B within working days from the date of the lessor's proposal.
5. During the sublease period, if Party B needs to renovate the house or add ancillary facilities and equipment, Party A must notify Party A in advance, and Party A shall obtain the written consent of the lessor according to the provisions of the lease contract.
Article 7 Return of the house
1. Except for Party A's consent to Party B's renewal of the lease, Party B shall return the house within a few days after the expiration of the lease term of this contract.
2. When Party B returns the house according to the provisions of this contract, it shall be accepted and approved by Party A, and the respective fees shall be settled with each other before going through the procedures for returning the lease.
Article 8 Sublease, Transfer and Exchange
1. During the sublease period, Party B shall notify Party A in writing in advance of the sublease of the house, and Party A shall obtain the written consent of the lessor in accordance with the provisions of the lease contract.
2. Party B promises to Party A that it will not transfer the lease right of the house to others or exchange it with the house rented by others during the sublease period.
Article 9 Termination of Contract
1. During the sublease period, unless otherwise agreed in this contract, either party A and Party B unilaterally terminate this contract shall be a breach of contract.
2. During the sublease period, both parties may terminate the contract without liability to each other under any of the following circumstances:
1) The land use right within the scope occupied by the house is recovered in advance in accordance with the law;
2) The house has been requisitioned or demolished in accordance with the law due to the needs of social public interests or urban construction;
3) The house is damaged, lost, or identified as a dangerous house.
3. Both parties agree that under any of the following circumstances, the non-breaching party may notify the breaching party in writing to terminate this contract and require the breaching party to bear the liability for breach of contract:
1) Party A fails to deliver the house on time, and Party B has not delivered it within a few days after Party B's reminder;
2) The house delivered by Party A does not conform to the provisions of this contract, resulting in the inability to achieve the purpose of the lease;or the house delivered by Party A is defective, endangering the safety of Party B;
3) Party B does not change the use of the house without authorization in accordance with this contract, resulting in damage to the house;
4) The main structure of the house is damaged due to Party B's reasons
5) Party B subleases the house without authorization, transfers the lease right of the house or exchanges the rented house with others
6) Party B fails to pay the rent on the overdue date.
Article 10 Liability for breach of contract
1. If there is a defect in the delivery of the house, Party A shall repair it within a few days from the date of delivery, and if it is not repaired within the time limit, Party A agrees to reduce the rent and change the rent terms of this contract.
2. If Party A fails to deliver the house to Party B at the time agreed in this contract, Party A shall pay liquidated damages to Party B according to the standard for each day overdue. If the liquidated damages paid are insufficient to cover Party B's losses, Party A shall also be responsible for compensation.
3. During the sublease period, if Party A terminates this contract without authorization and takes back the house in advance, Party A shall pay liquidated damages to Party B according to the standard. If the liquidated damages paid are insufficient to cover Party B's losses, Party A shall also be responsible for compensation.
4. If Party B is overdue in paying the rent, Party B shall pay liquidated damages to Party A according to the standard for each day of overdue. If the liquidated damages paid are insufficient to cover Party A's losses, Party B shall also be responsible for compensation.
5. During the sublease period, if Party B fails to use the house according to the agreed purpose, Party B shall pay liquidated damages in accordance with the standard.
6. If Party B fails to decorate the house or add ancillary facilities as agreed or beyond the agreed scope and requirements, Party A may require Party B to restore the original state of the house and compensate for the loss.
7. During the sublease period, if Party B subleases the house without authorization, transfers the lease right of the house or exchanges the rented house with others, Party B shall pay liquidated damages in accordance with the standard.
8. During the sublease period, if Party B quits the lease without authorization in the middle of the contract under the circumstances not stipulated in this contract, Party B shall pay liquidated damages to Party A according to the standard, and if the liquidated damages paid are insufficient to cover Party A's losses, Party B shall also be responsible for compensation.
Article 11 Dispute Resolution
All disputes and disputes arising from or related to the performance of this contract shall be resolved through negotiation between the two parties. If the negotiation fails, both parties may file a lawsuit directly with the people's court with jurisdiction in accordance with law.
Article 12 Other matters
1. In the event of matters not covered in this Agreement or other matters related to this Agreement, the two parties shall negotiate and settle the matter and sign a supplementary agreement, which shall have the same legal effect as this Agreement.
2. When signing this contract, both parties have full civil capacity, clearly understand their respective rights, obligations and responsibilities, and are willing to strictly implement them in accordance with the provisions of the contract. If one party breaches this contract, the other party has the right to claim compensation in accordance with the provisions of this contract.
3. This contract shall be executed in duplicate by both parties and shall have the same legal effect.
4. This agreement shall come into force after being signed and sealed by both parties.
5. The title of this Agreement is for reference only and does not form part of this Agreement, nor shall it be used to interpret this Agreement.
6. The delay or failure of a party to this Agreement to exercise any power, right or emergency under this Agreement shall not be a waiver of any such right, right or remedy.
7. If any term or provision of this Agreement is held to be invalid or unenforceable in whole or in part under any applicable law, it shall be excluded from this Agreement (to the extent of such invalidity or unenforceability), but all other terms and provisions of this Agreement shall remain in full force and effect.
Party A: Party B:
Date: Date:
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