The consulting lease contract has stated that it is not allowed to sublet without my written consent, but the lessee sublets the house to others. The tenant pays the rent directly to the tenant, and now the tenant defaults on the rent and everyone runs away. I can't get the rent and want to take back the house, but the tenant won't leave. What should I do?
answer
According to the information provided by the customer, the reply is as follows:
First, if the lessee fails to pay the rent within the time limit, he may request to terminate the lease contract.
According to Article 227 of the Contract Law, if the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require 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.
Second, if the lessee sublets without your consent and then fails to ratify it, it is "illegal subletting".
According to the relativity of the contract, there is no legal relationship between you and the tenant. If the tenant wants to hold the lessee liable for breach of contract, you can ask the tenant to move out at any time.
According to Article 224 of the Contract Law, if the lessee sublets without the consent of the lessor, the lessor may terminate the contract.
Reference case
primary facts
Jamlom rented a shop from Mr. Guo Dashuai of Fannie Mae on August 1 2065438, which was rented by Mr. Guo Dashuai from the owner Luen Thai Company. In 20 16, Mr. Guo Dashuai of Fannie Mae had been in arrears with the rent of the owner Luen Thai Company. Two months later, on September 5, 20 16, the owner Luen Thai Company issued a cancellation contract to Guo Dashuai. At the same time, a notice was sent to Jamlom, asking him to return the store. Jamlom thought that he had been paying the rent normally, which had nothing to do with him, so he ignored it. The owner Luen Thai Company sent a letter for the second time, but Jamlom refused to return the store. February 20 17 17, the owner, Luen Thai Company, walked into the store and moved everything in Jamlom's store. Jamlom sued the owners Luen Thai Company and Guo Dashuai for damages.
Focus of controversy
1. After the landlord and the second landlord cancel the lease contract, will the lease contract between the small tenant and the second landlord continue to be valid?
2. Who should bear the loss caused by the owner forcibly clearing the small tenant out of the store?
3. Does the small tenant have to pay the store occupancy fee for the delayed return?
Referee's main points: the landlord's rent has been in arrears for two months in a row, and the conditions agreed in the contract have been met. Luen Thai Company issued a notice to Guo Dashuai to cancel the contract on September 5, 20 16, which belongs to the right to cancel the contract according to law. Guo signed the notice on September 5, 20 16, and the lease contract between Luen Thai Company and Guo Dashuai was terminated on September 5, 20 16. Guo Dashuai's breach of contract led to the termination of his lease contract with Luen Thai Company, which in turn led to the termination of his lease contract with Jamlom, so Guo Dashuai was liable for breach of contract with Jamlom.
Lawyer's tip
1. As the owner, when the second landlord breaches the contract, he shall exercise the right to terminate the lease contract in writing and notify the small tenant.
2. As the second landlord, when he is unable to operate and continue to charter, he should coordinate the relationship between the small tenant and the owner, otherwise he will be liable for breach of contract for both parties.
3. In the case that the second landlord has run away, the small tenant should negotiate with the owner in time whether to continue renting. If it continues to be leased, a separate lease contract will be signed with the owner. If you don't continue to rent, you should return the property in time to reduce your own losses.