1, reprint an article first, real lesson:
Beware of the store's low-cost sharp turn scam.
Source: Zhezhong New Newspaper
"I spent 65438+3000 yuan to rent a storefront, and the jewelry in the store also spent 2000 yuan. But on the opening day of my jewelry store, a man came to the store and said that the lease for this store had come and asked me to vacate it in three days. I argued with him for a long time before I realized that the person who rented the store to me was a fake landlord. " Miss Fang from Jiangxi was very angry when she talked about her recent experience.
Miss Fang has worked in Yiwu for many years and has been engaged in the jewelry processing industry. Because I know more about the production process and sales channels of jewelry, I have the idea of opening my own shop. More than a week ago, she saw a jewelry store near the first phase market of Yiwu International Trade City with a sign of "low store price", so she went into the store to ask. Li, the owner of the store, said that there were more than half a year left in the lease of the store, and he wanted to transfer the store as soon as possible because he had something urgent to return to his hometown in Sichuan.
Miss Fang asked Li to find the landlord to confirm. Li provided her with a mobile phone number, saying that the owner of the number was the landlord. Later, Miss Fang called it "the landlord". The "landlord" said that he was on a business trip in other places, and the subletting fee was paid directly to Li. So, Miss Fang negotiated with Li, and the two sides agreed to increase the rental fee by 6,543,800 yuan+0.3 million yuan, and Miss Fang paid the money on the spot. "I still have jewelry worth more than 3,000 yuan in my shop, and I will sell it to you for 2,000 yuan. Do you want it? " Li asked. Considering the shortage of funds, Miss Fang checked the jewelry and agreed to Li's request.
It only took 1.5 million yuan to own her own jewelry store, which made Miss Fang feel particularly good. One day, while she was sitting at the counter humming a ditty, an unexpected visitor came to the store. "I am the landlord. This shop has expired. Please clear out the store within three days. I have rented it to others. " Some people say. "How is that possible? I just rented this store. I called you the other day. " Miss Fang is puzzled. "I haven't received any phone calls. You may have been cheated. " People showed her the real estate license, and then Miss Fang knew that she had met a fake landlord.
According to the landlord, Mr. Chen, he didn't know about the sublease agreement between Li and Miss Fang, but he signed a contract with Li, which expired on June 20, 2008, so he rented the shop to Mr. Wang and charged the rent to Mr. Wang. "Well, Mr. Wang also runs a jewelry store. I'll help you contact him and see if he is willing to accept the remaining jewelry in the store. " Mr. Chen said. In the end, Mr. Wang accepted the jewelry at the price of 1800 yuan, which made up for Miss Fang's economic loss slightly.
While sympathizing with Miss Fang, the reporter also reminded everyone who wants to open a shop. When renting a store, don't forget to check the other party's valid documents. It is imprudent and unacceptable to "verify" one's identity by telephone. Don't learn from Miss Fang, and you'll get a dumb loss.
Second, the legal issues in the store sublease:
The legal problems in store leasing are often encountered by entrepreneurs. If you don't understand the law, you are most likely to get into trouble when renting. Therefore, entrepreneurs should pay attention to the following issues:
First, the housing lease contract should be written in detail as far as possible, including who will bear the decoration and maintenance, and the landlord will be responsible for the general housing repair. Also, the maximum period of renting a house is 20 years. If the lease time exceeds 6 months, it is best to sign a written contract.
Second, if the landlord wants to collect a deposit, the lessee can calculate whether the amount of the deposit accounts for a large proportion of operating costs. If it is not large and does not affect the flow of funds, it can be paid; On the contrary, we should consider whether to give up and change to another one. At present, there is no clear legal provision on whether the rental deposit can be charged. If the landlord asks for a deposit, both parties can make an agreement in the contract. Never make a verbal agreement, otherwise it will inevitably be wrangling in the future.
Third, after the lease contract expires, the original lessee has the priority to lease under the same conditions. Due to the improvement of the surrounding environment, the landlord does not want to rent the house to entrepreneurs, or proposes to raise the rent. At this time, the entrepreneur's business has been done very well. If the business location changes, the customer network that has been painstakingly established will be affected. In this case, entrepreneurs can use the preemptive right to bind the landlord.
Three. Sidewalk subletting agreement
Party A's "lessee": XXX.
Party B [Lessee]: Yuan
Party A XXX, a native of XX Street, Qiqihar City, Heilongjiang Province, is currently studying in Class XX, Grade 04, Department of Physical Education, Yunnan Agricultural University, with the ID number XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX.
Party B Yuan, whose native place isNo. 1069, Yuanda Second Road, Furong District, Changsha City, and whose ID number is 362525 19870206 XXX.
This Agreement is signed on the premise of equality and voluntariness by both parties in accordance with the Constitution of People's Republic of China (PRC) and the Contract Law of People's Republic of China (PRC), and shall have legal effect and be protected by law after being signed by both parties. We hereby reach the following agreement on specific lease matters:
1. The specific place of this agreement is XX Clothing Street, Garlic Village, Yunnan Agricultural University. Since Party A does not own the pavement, and the pavement comes from lease and has the right to use and sublease, Party A shall provide an original agreement, that is, a valid lease agreement signed by the pavement owner, as an annex to this agreement.
2. This agreement is valid for one year, that is, from September 2007 10 to September 2008 10.
3. The annual rent of pavement is 9,200 yuan (9,200 yuan only), which will be paid in two installments. The first phase was 4,400 yuan (4,400 yuan only) when the agreement was signed, and the second phase was 4,800 yuan (4,800 yuan only) at 438+00 on April 65, 2008. The place of payment is this agreement.
Four. After the signing of this agreement, the store rent shall not fluctuate, otherwise it will be regarded as a breach of contract by Party A..
5. After the expiration of this agreement, if Party A continues to sublet, Party B has the preemptive right.
6. The information and materials provided by Party A and Party B must be true and effective, otherwise it will be regarded as cheating the other party, and all losses of the cheated party will be compensated by the cheated party.
7. If either party breaches the contract, it shall compensate the other party for all losses and liquidated damages of 5,000 yuan only.
Eight, if there is a dispute after the agreement comes into effect, bring a lawsuit to the court, the winning party shall pay all the calculable expenses caused by the lawsuit.
Nine. The agreement was signed at Shop XX, Garments Street, Garlic Village, Yunnan Agricultural University.
X this agreement is made in duplicate, one for each party.
XI。 This agreement shall come into effect after being signed by both parties and notaries.
Signature of Party A:
Party B:
Notary:
Date of signature: September 5, 2007
Fourth, my opinion is comprehensive:
My friend, the risk of your pavement is quite high. Without your last home, you have no right to sublet, and you are facing double risks, so I hope you will act cautiously and be careful.
thank you