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We rent a house outside and have to sign a lease contract with the landlord. If the lease contract does not expire, we can't continue to rent it for our own reasons, and we can negotiate with the landlord to sublet the house. So what should we pay attention to when subletting houses? The following is a brief introduction to the relevant contents of this article by Bian Xiao, the Legal Express.
Conditions to be met in subletting houses
(1) If the house is sublet, a sublease contract shall be concluded;
(2) The sublease contract shall be subject to the written consent of the original lessor;
(3) The sublease contract is incidental, and its stipulations cannot exceed those stipulated in the original lease contract. Moreover, during the sublease, the original lease contract is changed, dissolved or terminated, and the sublease contract is also changed, dissolved or terminated accordingly.
What is a second landlord?
The second landlord actually refers to the lessee who sublets the house to a third person after signing a lease contract with the landlord. China's "People's Republic of China (PRC) Contract Law" stipulates that subletting with the consent of the parties is legal, subletting with the consent of the lessor is legal, and other subletting is illegal.
Second, the legal consequences of the landlord's unauthorized subletting
(1) If it subleases without the consent of the lessor, the lessor shall enjoy the right of rescission according to law.
According to the relevant provisions of the Contract Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Urban Housing Lease Contracts, "If the lessee sublets without the consent of the lessor, the lessor may terminate the contract", and "If the lessor knows or should know that the lessee sublets, but fails to raise an objection within six months, the people's court will not support it".
(2) Without the consent of the lessor, the effectiveness of the sublease contract is to be determined.
According to the relevant provisions of the Contract Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Urban Housing Lease Contracts: "The lessee may sublet the leased property to a third party with the consent of the lessor. If the lessee sublets, the lease contract between the lessee and the lessor shall remain valid, and if a third party causes losses to the leased property, the lessee shall compensate for the losses. If the lessee subleases the leased house to a third party with the consent of the lessor, and the sublease term exceeds the remaining lease term of the lessee, the people's court shall deem the agreement on the excess part invalid. However, unless otherwise agreed between the lessor and the lessee, "if the lessor knows or should know that the lessee subleases, but fails to raise any objection within six months, and requests to terminate the contract or finds the sublease contract invalid on the grounds that the lessee does not agree, the people's court will not support it".