In real life, "second landlord" can be said to be a common phenomenon, and it can even be said that it has evolved into a profession. For migrant workers who go out, the "second landlords" not only provide convenient services, but also bring high rental prices and the hidden danger of being quit by the landlord. Housing leasing belongs to the scope of free market regulation and does not belong to the scope of legal discussion, so today I will "the hidden danger of being surrendered by the landlord", let's take a look at the problems that should be paid attention to when renting a house and encountering a "second landlord"?
For example, the landlord Wang Da rented the house to Wang Er, and Wang Er subleased the house to Zhang San, where Wang Da is the lessor of the house, Wang Er is the lessee of the house, that is, the "second landlord", and Zhang San is the third person or the second tenant. At this time, for the "hidden danger of Zhang San being surrendered by Wang Da", there will be the following three possibilities:
First, when Wang Da rented the house to Wang Er, there was no agreement that the house could be subleased, so Wang Da could ask Zhang San to quit the house within 6 months from the date of knowing that Zhang San had rented the house. According to Article 716 of the Civil Code, "the lessee may, with the consent of the lessor, sublease the leased property to a third party" and Article 718 "the lessor knows or should know that the lessee has subleased, but does not raise an objection within six months, it shall be deemed that the lessor agrees to the sublease". Here, the "consent of Wang Da" is mainly manifested in the fact that there is a content that can be subleased in the lease terms of Wang Da and Wang Er, or although there is no such clause in the housing lease terms, Wang Er has obtained Wang Da's oral or written permission before subletting. If Wang Er subleased the house to Zhang San without Wang Da's permission, then Wang Da could terminate the lease contract with Wang Er within 6 months from the date of learning of the situation. It should be noted here that, according to the relativity of the contract, Wang Da could not directly terminate the sublease contract between Wang 2 and Zhang 3, and after Wang Da terminated the lease contract with Wang 2, Wang 2 lost the right to dispose of the house, and the sublease contract between Wang 2 and Zhang 3 also became a contract of no right to dispose of the house because Wang 2 lost the right to dispose of the house, and if Wang Da decided not to lease the house to Zhang San, he could require Zhang San to withdraw from the house on the basis of the right to claim the return of possession.
Second, Wang Da agreed to Wang Er's sublease, if Wang Da and Wang Er's lease term was only 1 year, but Wang Er rented the house to Zhang San for 2 years, then Wang Da could ask Zhang San to quit the house after the lease contract between Wang Da and Wang Erde expired. This situation is based on Article 717 of the Civil Code, which stipulates that "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". The "other agreement" here is generally reflected in practice as the automatic extension clause in the lease contract between Wang Da and Wang Er. In addition, in the same case as in the first case above, according to the relativity of the contract, after the expiration of the lease contract between Wang Da and Wang Er, although the sublease contract between Wang 2 and Zhang 3 was not invalid due to the expiration of the lease contract, the legitimate source of Zhang San's right to occupy the house was based on the sublease contract, and the part of the sublease beyond the time limit was disposed of without the right to be disposed of, and the effect of the contract was to be determined after Wang Da denied the act, and Wang Da could require Zhang San to withdraw from the house based on the right to claim the return of possession.
Third, Wang Da agreed to Wang Er's sublease, and the term of Wang Er's sublease to Zhang San was within the lease term of Wang Da and Wang Er, but during this period, Wang Da and Wang Er's lease contract was terminated due to Wang Er's rent arrears and other behaviors, then Wang Da could also ask Zhang San to withdraw from the house. According to Article 722 of the Civil Code, "if the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract", if Wang Er fails to pay the rent, Wang Da can terminate the lease contract after being reminded, and in the same way as in the first case above, after Wang Er loses the right to dispose of the house, the sublease contract between Wang Er and Zhang San becomes a contract of no right to dispose of the property to be determined, and if Wang Da decides not to rent the house to Zhang San, he can require Zhang San to withdraw from the house based on the right to claim the return of possession. It is worth mentioning how long it takes to be in arrears of rent to be called "overdue"? In the previous "Measures for the Administration of Urban Housing Leasing", the definition is "rent arrears for more than 6 months", but now the measures have become invalid, and there are no longer provisions in the new "Administrative Measures for the Leasing of Commercial Housing", and there may be corresponding provisions in the management measures of some provinces and cities, but from the perspective of the concept of the Civil Code, in practice, it is more inclined to define whether it is overdue according to the terms in the lease contract, that is, as long as the rent is not paid within a payment period specified in the contract. can be defined as overdue.
To sum up, if we encounter a "second landlord" when renting a house, we must clarify whether the "second landlord" has obtained the "landlord's" authorization to sublet, and when signing the sublease contract, it must be within the lease period that the "second landlord" can dispose of, and it is best to pay rent more frequently than the "second landlord" pays rent to the "landlord", so that in case the "second landlord" pays rent to the "landlord" on time, we can also pay part of the rent owed directly to the "landlord". to protect our right to live in the house.