Does the sublease require the landlord's consent? Case 1
Question: Mr. Sun sublets a shop. The term signed by the landlord and the first tenant is five years, but there is no agreement on whether it can be subletted. The landlord knew about the subletting of the store, and I also paid the landlord a year's rent. It's one year now, and there are two years left in the original contract. Now the landlord wants to cancel the contract on the grounds of subletting without his consent. Is there any legal basis for the landlord's statement?
Answer: The landlord's claim should not be supported and the contract is valid. Article 16 of the Judicial Interpretation of the Supreme People's Court on the Trial of Urban Housing Lease Contracts stipulates that if the lessor knows or should know that the lessee subleases, but fails to raise an objection within six months, the people's court will not support it if the contract is terminated on the grounds that the lessee does not agree. Therefore, there is no legal basis for the landlord to ask for the termination of the contract.
Does the sublease require the landlord's consent? Case 2
Q: Wu Mou rented a house in June this year. Now I need to work in other cities because of my job transfer, and I want to sublet my rented house to others. He is not sure whether the lessor's consent is needed.
A: If the lease contract stipulates that it can be sublet, then the lessor cannot terminate the contract on the grounds that the lessee sublets. The lease contract stipulates that it is not allowed to sublet. If the lessee sublets to others, the lessor has the right to terminate the lease relationship with the lessee. If there is no agreement on subletting in the lease contract, the lessee's subletting behavior still needs the consent of the lessor.
Does the sublease require the landlord's consent? Case 3
Xiao Yang leased about 4 mu of land with collective use rights and built a factory building. In March 2007, Xiao Yang leased the factory to another company, but the company delayed paying the rent. To this end, Xiao Yang appealed to the court, demanding that the lease agreement between the two parties be dissolved, and the company would pay the rent until the effective date of the judgment.
However, the court's judgment is that the house built by Xiao Yang is illegal, which means that the lease agreement between the two parties is invalid, but the company should still pay the corresponding house use fee when using the leased house.
Lawyer Wang Zhan said that the house rented by the lessee must be a legal building. If the leased house itself is illegal, the lease contract shall be invalid until the illegality is eliminated.
Does the sublease require the landlord's consent? Case 4
Ms. Li: I rented a shop. When I applied for the business license of individual industrial and commercial households, the industry and commerce said that because it was a sublease shop, I needed a landlord to issue a certificate of consent to sublease. I found a landlord through the second landlord and was told that the other party had gone abroad and could not come back for a short time. The industrial and commercial office said that it is impossible to apply for a business license in this case. What should I do?
A: The Regulations on Individual Industrial and Commercial Households and the Measures for the Administration of Registration of Individual Industrial and Commercial Households only stipulate that the application for registration requires proof of business premises, but do not stipulate that a landlord must issue a certificate of consent to sublease. This certificate actually provides a guarantee for the applicant to avoid the risks brought by the change of business premises in the future. But this is only the applicant's business risk, and the industrial and commercial departments have no right to interfere. Therefore, if the negotiation with the industrial and commercial office fails, you can sue the other party for administrative inaction.
(The above answers were published on 2015-12-21. Please refer to the actual situation for the current purchase policy. )
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