What procedures should I go through with the landlord when renting a facade, and what should I pay attention to?

Store leasing only needs to sign a lease contract with the head of the household. A shop lease contract generally includes the following aspects: the name, title and domicile of the parties; The location, address, area, decoration and facilities of the house, and the purpose of lease; Term of lease; Rent and delivery method; Housing conditions and maintenance responsibilities; Some agreements on subletting; Contract modification and rescission clauses, liability for breach of contract and other agreed clauses, etc.

The contents to be noted mainly include the following points:

I. Investigation files

Before renting a store, you should go to the real estate trading center where the store is located to conduct a property right investigation and confirm the following main information:

1. House use and land use. We must ensure that the type of house is commercial and the land use is non-residential before renting it as a shop. Otherwise, you will face the risk of not obtaining a business license and illegally using the house.

2. The owner of the house should ensure that the contract is signed with the owner of the house or other owners.

3. Does the house already have lease registration information? If it already has lease registration information, the new lease contract cannot be registered, which will lead to the new lease relationship unable to compete with the third party, and will also affect the new lessee's successful business license.

2. Rent-free renovation period

In shop leasing, the rent-free decoration period often appears in the contract, mainly because the lessee needs to decorate the house after handing over the house, so he can't actually work or do business. In this case, the lessor agrees not to charge the lessee for the renovation period. However, the concept of "rent-free decoration period" is not clearly defined in law. Therefore, when signing the lease contract, it is necessary to clearly stipulate the start and end time of the rent-free decoration period, so as to avoid the specific expenses paid. Under normal circumstances, only rent is free, and the utilities generated by the actual use of the house must be borne according to the contract.

Three. Lease deposit

Commonly known as "deposit", it is mainly used to offset the expenses that the lessee should bear but not pay. Because the electricity, telephone and handling fees that the shops adapt to are relatively high, it is suggested that the deposit be appropriately higher to avoid being insufficient to offset the above expenses. In addition, what needs special attention is that the lessee keeps delaying the payment of relevant fees during the lease process. What should I do if the deposit is not deducted enough? The scheme of making up the "deposit" can be agreed in the contract, that is, after the lessor deducts the relevant expenses with the "deposit" every time, the lessee shall make up the "deposit" within a reasonable period of time. If it is made up within a certain period after being notified by the lessor, the lessor may unilaterally terminate the contract and investigate the lessee's corresponding liability for breach of contract. If there is such an agreement in the contract, it can effectively punish the lessee's "lazy" behavior.

Four. Tax and fee commitment

In accordance with the provisions of laws, regulations, rules and other normative documents, the lessor or sublessor shall bear the following taxes and fees:

1, rent:

Business tax and additional rent *5.55%

Property tax rent * 12%

Personal income tax income *20% (income is rent minus maintenance expenses, and maintenance expenses shall not exceed 800 yuan each time).

The stamp duty rent (total amount) is 0. 1% (paid in one lump sum when paying taxes for the first time, and calculated according to the total amount of all rents during the lease period. )

Land use tax shall be levied per square meter of residential land, subject to the actual collection by the collection authority.

2. Sublease:

Business tax and additional sublease income *5.55%

Stamp duty stamp duty sublease rent (total) 0. 1%

In practice, there are many kinds of taxes and fees to be paid for store leasing. The above standards are only legal collection standards, and different regions may have different collection methods. Please consult the staff of the actual collection outlets before signing the store contract.

Although the above taxpayers are lessors or sublessees, the specific taxpayers can be agreed in the lease contract. At this time, both the lessor and the lessee should realize that the tax on store leasing is relatively high, and the specific taxpayers should make an agreement after carefully considering the increased cost of long-term tax adjustment, so as not to be confused by the short-term lower tax rate of some collection outlets.

Important contents that should be paid attention to when signing a contract

Verb (abbreviation of verb) business license

The purpose of renting a store is to carry out business activities, and the first condition for business activities is to legally obtain a business license. Therefore, when signing a store lease contract, many clauses should be set around the handling of business licenses, mainly involving the following aspects:

1. The original lease registration information was not cancelled, resulting in the new lease contract not being registered, which led to the failure to apply for the business license in time;

2. The business license has been registered in the store, but the industrial and commercial registration information has not been cancelled or moved, which makes it impossible to register a new business license in the same store again;

3. The house type is not commercial, and it is impossible to conduct business activities, resulting in the inability to apply for a business license;

4, involving special commercial industries (entertainment, catering, etc. ), but also need to pass the inspection of public security, fire protection, health, environment and other departments, and obtain security permits, health permits and other documents before obtaining a business license;

Due to the lack of lessor's materials, the business license cannot be registered.

In case of the above-mentioned Article 65438 +0, 2, 3 and 5, it can be set as the obligations of the lessor in the contract, and the lessor can be given a reasonable grace period. If the obstruction cannot be eliminated after a certain period of time, it shall bear the corresponding liability for breach of contract; The situation in Article 4 above can be set as the situation of termination without responsibility, so as to ensure that the lessee can terminate the contract without responsibility without obtaining the business license.

Treatment of intransitive verb decoration

In the lease of shops, a lot of money is often spent on pavement decoration. In order to ensure the smooth progress of decoration and protect the interests of the decorator, several issues should be paid attention to in the contract:

1. Clearly stipulate whether the lessor agrees to the renovation of the store by the lessee, and whether the renovation drawings or plans need the lessor's approval. Where there is special renovation or erection, it shall be clearly defined, and the location of advertisements and shop signs may also be clearly defined.

2. To relieve the liability for breach of contract, we can't just consider the liquidated damages, because the liquidated damages are often agreed to be equal to the deposit, and the amount is not high, which is often less than the decoration loss of the lessee. Therefore, it should be agreed that in this case, the lessor should bear the decoration losses incurred by the lessee in addition to the liquidated damages.

3. Clarify the disposal methods of decoration and accessories when the lease expires.

Seven. Water, electricity, telephone lines, etc.

Due to the particularity of store operation, there may be special needs for water, electricity and telephone lines, and the supply of these public resources will be affected by various factors. It is suggested that before renting a storefront, check whether it meets the use requirements. If not, we should determine how to deal with the expansion or increment, and the cost of the expansion or increment. The lessee shall be exempted from the right to terminate the contract if the relevant contents are clearly agreed and cannot meet the normal demand.

Doubts after signing the contract

Eight. Lease registration

Lease contract registration belongs to the nature of contract registration, and the effectiveness of this registration mainly includes the following contents:

1, registration or not does not affect the effectiveness of the contract itself. Even if there is no record, the contract will still take effect when the conditions for entry into force are met;

2. The registered case has the legal effect against the third party. For example, if the lessor rents the house to two lessees, and one of the contracts is registered and the other is unregistered, then the house is leased to the registered lessee, and the lessor shall be liable for breach of contract to the unregistered lessee.

Therefore, it is recommended to register the lease at the real estate trading center where the store is located in time. In addition, most industrial and commercial departments require the lease contract to be registered when handling business licenses.

Nine. sublet

There are often many "second landlords" and "third landlords" in the shop market, among which there is the problem of subletting. Commonly known as "sublease", it actually covers two ways of change stipulated by law: sublease and lease right transfer. According to the law, "sublease" means that the lease relationship is not terminated and the owner establishes the lease relationship here, while "transfer of the lease right" means that the new lessee directly replaces the original lessee and establishes the lease relationship with the lessor (owner). In these two forms, we need to pay attention to the following questions:

1. Sublease must obtain the written consent of the lessor. Similarly, in the transfer of the lease right, it is also necessary to obtain the consent of the lessor to terminate the original lease contract and conclude a new lease contract.

2. The original lessee often asks the new lessee for compensation fees, mainly to compensate for the loss of decoration. This fee is not the fee that the legal lessee should bear, but it is not explicitly prohibited by law. Therefore, as long as both sides reached an agreement at that time, it was also protected by law. It is suggested that when paying this fee, the lessee should consider combining the installment payment with the wrong link of sublease or lease right transfer to reduce the risk of funds, and take the successful handling of the business license as the case of refund or cancellation of this fee.

X. sales and leasing

Many tenants often worry about what to do if the owner rents out the shop and sells it. In fact, the lessee need not worry about this risk at all, because the law gives the lessee two special protections:

1. When the lessor sells, the lessee enjoys the preemptive right under the same conditions, that is, if the lessee claims to buy the store under the same conditions as other buyers, the owner must sell the store to the lessee, thus protecting the lessee's use interests.

2. Even if the lessee is unwilling to buy the leased store, the new owner shall perform the lease contract after the owner sells it, otherwise the new owner shall bear the liability for breach of contract in the lease contract.

Other preventive measures

Before renting a store, you need to know the business plan and related policies of the store. If the business format that the lessee wants to operate does not conform to the relevant business plan and policies, such as renting a house that is not suitable for the catering industry to open a hotel, it will definitely lead to the loss of manpower and financial resources. In the case of uncertainty, the lessee can specify relevant matters in the lease contract as the conditions for dissolution, so as to avoid unnecessary liability for breach of contract.