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Lawyer Jin Shuangquan

Jin Shuangquan, a real estate lawyer, Vice President of China Real Estate Marketing Association, and a specially invited lecturer of Shuifeng.com, has worked in Beijing Dongwei Law Firm since 2005. In 2008, Anju Real Estate Lawyer Network was founded, and has been engaged in teaching research and litigation practice related to real estate law. He has handled a large number of difficult and complex cases, and has profound theoretical foundation and rich practical experience in the real estate field and extended marriage, inheritance, demolition and other real estate related fields. The main types of cases handled include: 1. The purchase of affordable housing, two limited housing, housing reform housing and commercial housing is involved in the act of borrowing a name.

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I am the landlord. I rent the house to the second landlord. My contract is as follows:?

ask****716 Shanghai Huangpu District Housing lease consultation 2023.04.30 21:27:50 498 people read

Hello, I am the landlord. I rent the house to the second landlord. My contract is as follows

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2023-05-10 17:32:35 Reply
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2023-05-01 14:44:16 Reply

Hello, my answer to your question is that Article 224 of the Contract Law of China stipulates: "The lessee may sublease the lease item to a third person with the consent of the lessor. If the lessee subleases the lease item, the lease contract between the lessee and the lessor continues to be valid. If the third person causes losses to the lease item, the lessee shall compensate for the losses", "If the lessee subleases without the consent of the lessor, the lessor may terminate the contract". Does this clause mean that the lessee has no right to sublease? The original intention of the law is to give the lessor the option to terminate the contract in the case of protecting the interests of the lessor. In order to prevent the lessee from using the lease item to sublease the profits and infringing the property rights of the lessor. What is transferred in the conclusion of the lease contract is the right to the possession, use and proceeds of the lease item. The purpose of obtaining the lease item by the lessee is also to use and benefit. Therefore, in the absence of special agreement between the parties, the lessee has the right to use and benefit after obtaining the lease item in accordance with the lease contract, and the lessor shall not interfere improperly. However, the sublease, that is, the usufruct, must be agreed in advance. In addition, according to the relevant judicial interpretation: if the lessor knows or should know about the lessee's sublease, but does not raise an objection within 6 months, it shall not request the people or an arbitration institution to terminate the contract or determine that the sublease contract is invalid on the ground that the lessee has not obtained its consent.

Hello, my answer to your question is that Article 224 of the Contract Law of China stipulates: "The lessee may sublease the lease item to a third person with the consent of the lessor. If the lessee subleases the lease item, the lease contract between the lessee and the lessor continues to be valid. If the third person causes losses to the lease item, the lessee shall compensate for the losses", "If the lessee subleases without the consent of the lessor, the lessor may terminate the contract". Does this clause mean that the lessee has no right to sublease? The original intention of the law is to give the lessor the option to terminate the contract in the case of protecting the interests of the lessor. In order to prevent the lessee from using the lease item to sublease the profits and infringing the property rights of the lessor. What is transferred in the conclusion of the lease contract is the right to the possession, use and proceeds of the lease item. The purpose of obtaining the lease item by the lessee is also to use and benefit. Therefore, in the absence of special agreement between the parties, the lessee has the right to use and benefit after obtaining the lease item in accordance with the lease contract, and the lessor shall not interfere improperly. However, the sublease, that is, the usufruct, must be agreed in advance. In addition, according to the relevant judicial interpretation: if the lessor knows or should know about the lessee's sublease, but does not raise an objection within 6 months, it shall not request the people or an arbitration institution to terminate the contract or determine that the sublease contract is invalid on the ground that the lessee has not obtained its consent.

Whether it is legal to sign a rental contract with the second landlord depends on whether the original landlord can accept it. Unless the lease contract between the second landlord and the landlord clearly defines that it should be re leased to the lessee, it is illegal for the second landlord to sublet. According to the Contract Law, the sublease without the approval of the landlord is subject to a contract with undetermined validity. The so-called contract with undetermined validity means that although the contract has been established, its validity has not been determined because it does not fully meet the requirements of the relevant effectiveness requirements. Usually, it can be effective only after the consent of the owner. According to the Contract Law of the People's Republic of China, The contract with undetermined validity can be divided into three categories: one is to restrict the contract made by the person who is competent in civil practice; Second, the contract signed by the unauthorized agent in his own name; The third is the contract concluded by the person without the right to punish others' property

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