Shops Need To Jump Out Of Traps When Leasing.
In the process of opening a clothing store, shopkeepers will encounter many unpredictable factors. If the clothing store can not continue to operate because of a special reason, such as shop leasing, it happens that the terms of the contract have not been agreed in the contract, then the operator can only bear the economic loss alone.
In order to avoid such a situation, the tenant should strive to inform the lessee of the occurrence of the following circumstances in the rental contract of the shop, and have the right to notify the lessor to terminate the rental contract without compensation for the loss of the lessor: the government plans to remove the storefront; the lessee loses badly for more than 3 months due to bad management; the government repairs roads, widen roads, change roads, build bridges, renovate the cityscape or implement other government actions within 200 meters in front of the store in the first 50 meters.
When signing a leasing contract, the following legal problems should be noted.
(1) the principal qualification of the lessor. The house is a real estate. The lessor of the house must have the ownership or the right to use the house. If the owner is the owner, the real estate warrant should be obtained according to law. The owner of the house should have a lawful lease certificate and a written proof of sublease. In addition, if a house shared by several persons, it is subject to the written consent of the co owners.
(2) the purpose of housing. The rental shop must confirm the purpose of the lease when signing the contract. Rental housing opens a clothing store for commercial use. Otherwise, it will affect the processing of business license.
(3) the term of tenancy. According to China's " contract law The term of lease shall not exceed twenty years, and over twenty years shall be invalid. Lease term The two parties may renew the lease contract at the expiration of the agreement, but the agreed lease term shall not exceed twenty years from the date of renewal.
(4) decoration compensation. The leasing parties shall specify whether the rental housing is likely to be renovated in the leasing contract. The two parties shall agree to deal with the results of the decoration after the lease term ends or the lease contract is terminating for other reasons. If there is no agreement on the way of decoration, if the lessor breaks the contract, the lessor should compensate the lessee for the decoration loss. If the lessee fails to make a contract, the lessor should compensate the lessee.
(5) sublet housing. When the business condition of shops is not good, it may involve the problem of subleasing the shops. Whether the lessor allows the lessee to sublet, should be Leasing contract It is stipulated clearly. If the lessee sublets without the consent of the lessor, the lessor may terminate the contract.
(6) the lease contract is registered. After the establishment of the lease contract, the parties to the contract shall send the lease contract to the local housing authority for registration. A lease contract without registration is also an effective contract, but it does not have the legal effect against the third party.
In our daily life, we often see all kinds of advertisements in various newspapers or on the streets. Most of the information about the shops is sublet. When a tenant chooses to sublet a shop, he must not be confused by such words. After careful investigation and analysis, he will find that the business of the store is not good enough, and the operator is eager to get rid of it. Just imagine, if you have "prosperous shop" will be so easy to rent? Will it cost to report to the rental?
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