Notes on store lease contract

The contract of store lease generally includes the following aspects: the name of the parties, name and residence; the seat of the house, address, area, decoration and facilities, the use of the lease; the term of the lease; the rent and delivery; the condition of the house and the responsibility for repairs; some of the agreements on subletting; the terms of the contract to change, terminate the contract, the liability for breach of contract and some other terms and so on. Some other terms of the agreement and so on.

A. Subletting, transferring? assignment? and independent of the lease contract

When a businessman leased a store for a period of time, because the business situation is not good, often consider the leased store? or sublet. or sublet. When leasing a store must be clear about the real owner of the store is who, if the current operator is not the owner, then it involves the issue of sublease or transfer. In store leasing, subletting and transfer of the phenomenon is very common, we have come across a chain of nearly ten hands of the situation, breathtaking.

In maintaining the lease relationship between the subletting party and the landlord at the same time, derived from the practice of subletting the lease contract between the subletter and the sub-tenant belongs to the store subletting; the original lessee to withdraw from the lease contract, by the new lessee to replace the original lessee's legal status belongs to the practice of the store (lease contract) transfer; the original lease contract is dissolved, the new lessee and the landlord to re-sign a lease contract for the lease agreement involves a whole new negotiation, which is a good idea for the lease contract. The issues involved in the lease contract for a new negotiation, belongs to the independent lease contract.

In the use of subletting, it is necessary to confirm whether the subletting party has the right to sublet, to ensure that the term of the lease contract does not exceed the term of the previous contract, to review to review the validity of all the previous lease contract. Because the validity of the sublease contract depends on the validity of the predecessor contract and the predecessor's right to sublease. In practice, even if all the antecedent contracts agree on the right to sublet, it is better to ask the landlord to confirm in writing. Because store rents usually keep rising, the landlord denies subletting, and it is not uncommon to demand higher rents. Moreover, for the validity of the previous contract, there is no litigation confirmation or notarized confirmation, the review can only do a preliminary determination.

In the use of the transfer of the lease contract, the best and easiest way is to explain and supplement the original lease contract, so as to maintain the consistency of the content of the contract before and after. However, for the former hand has been fulfilled contractual obligations and obligations not yet performed must pay attention to the convergence, in particular, the issue of the deposit and unpaid rent.

When adopting the method of independent lease contract, the main thing is to confirm that the original lease contract has been effectively dissolved, and be careful not to let the original lease contract left over disputes affect their own lease contract.

Regardless of which of the above ways to lease stores, commercial custom has ? Transfer fee? The problem. That is, when the previous tenant store, in order to renovate and other reasons, have invested a certain amount of money, the upper part of the withdrawal of business delivery of the next use, the lower part of the requirement to make a certain amount of compensation. Even if the renovation cost is not much or no renovation at all (some of the upper house is purely in the lease investment), in the store in the market situation, the lower house can not refuse the upper house of this request. There is nothing illegal or coercive about transfer fees as long as they are consensual.

Second, the issue of business license

The operator to operate legally, the need to apply for a business license and other formalities. The law provides that the operator needs to have a business premises, when applying for a business license, you need to provide a property license or lease and lease contract. In general, the Trade and Industry Bureau in the business license, if the previous operator in the store business license has not been canceled or changed to another registered address, the new tenant will not be able to use the store for a new business license (as distinct from the malls, markets and other integrated places of business license and the relationship between the business license of the specific stalls).

However, there are many operators who do not apply for a business license and borrow the business license of their predecessor. This operation does not actually constitute a cooperative business, contracting business, in fact, illegal borrowing license and store subletting or lease contract transfer. This is not entirely legal on the one hand, and on the other hand, it is easy to be subjected to the former hand.

In addition, some property owners are unauthorized to divide the store, respectively, the lessor of a number of businesses. This can also lead to obstacles in obtaining business licenses between merchants.

Third, the problem of decoration

Each businessman to take over the store, usually have to carry out some renovation and then open; some franchise, agent, chain businessmen also want to speak of the unity of the decoration style. However, the specific leased store may not be able to meet this requirement, because the decoration of the store can not destroy the main structure.

At the same time, after the expiration of the lease contract, the renovation to do how to deal with, should also be in the lease contract for a clear agreement. Otherwise, it is easy to occur the lessee requires compensation and the lessor requires the restoration of the original conflict.

Fourth, capacitance

Some store operators have special requirements for capacitance, the need to expand. But the expansion is not an easy task, it needs to be approved by the relevant departments, which in turn will strictly limit the capacitance according to the planning.

V. Merchants

Some newly opened shopping malls or markets, in order to attract business, in the external publicity, often express or implied that the near future the area will be built with a perfect supporting, good popularity of the business district, and to the merchants of a variety of verbal commitments. However, the fact is that the tenant is often unable to fulfill his or her wishes, and may even lose all of his or her money.

Six, with the obligation to cooperate with the problem

After renting a store, many things need to be on the landlord's landlord's cooperation, such as business licenses need to landlord to provide real estate license, renovation of the landlord also need to provide relevant materials, expansion is more. However, if the contract on these issues did not agree, the landlord often has no obligation to refuse to cooperate with the reason or with a variety of other reasons to delay cooperation.

Seven, the purpose of the contract

We know that in our complicated administrative system, sanitation, industry and commerce, fire, planning and other various management departments will be the business activities of the management and restrictions. The businessman's purpose of using the leased store for business operation is often not realized because of the intervention of these departments. For example, the operation of food and beverage activities in stores along the street on the ground floor of a residential building is subject to restrictions imposed by the sanitation department. These restrictions are not fully understood and predictable by the businessmen.

However, if the purpose of leasing a store is agreed in the contract, when the activities of the merchant are restricted by the relevant authorities, the lease can be terminated on the basis that the purpose of the contract cannot be achieved and no liability for breach of contract is incurred.

Eight, the demolition problem

Businesses often hope to lease stores long-term stable business, if the business is still good, but also will increase investment. However, in case of demolition, then the businessman's wish will be disappointed. If they are already in the red line of demolition, they can't even apply for a business license. Considering the fact that landlords, especially subletters and assignees are likely to conceal these important circumstances. Therefore, it is very important to predict the trend of future evictions and consult the red line map of urban planning, and it is also necessary to make an agreement in the contract about the possible future evictions.

IX, clear to lease the store or property address area, scope and rental purposes

1, for example, the store is located in a certain district of Chengdu City, a certain street how many must be clear, the specific size of the area should be clear, but also to emphasize the scope, and to fall on the map. Be sure to draw your range on the house structure map and listed in the contract, because if there is no clear range, may be a future channel or a wall will be disputed.

2. Write out what you will be doing, such as catering or home. First to determine what you want to do before signing the contract. For example, you want to open a restaurant or beauty salon must be limited first, written in the contract. What you want to do must be expressed, in case there is a conflict when the landlord or the lessor to take this and you get into trouble, which is also agreed upon by both parties, all in order to avoid possible conflicts. It must be limited to clearly express the use, if you want to do other business in the future, you can discuss with the lessor.

Tenth, clear rent related matters

1, rent payment:

First of all, to indicate the date of lease and rent delivery. To write which year, print clearly and do not leave a space in the printing process, in the back to be attached to the capitals. Secondly, it should indicate how the rent is to be paid, whether it is monthly, quarterly, or annually, and it must be clearly indicated. It is better not to say that the payment is made every three months, but to be more specific, preferably stating the days of the month to the days of the month. It should also be stated that statutory holidays are postponed to a later date, for example, the money is to be paid on the 3rd of each month, but everyone is closed on October 3, and this is postponed. This is to prevent some people from saying that the tenant writes the 3rd to give the money to the landlord on the 3rd, and also to indicate the amount of late fees that should be paid for delaying the payment of rent. Again, it is also important to indicate the method of payment, that is, whether it is to be paid in cash or by check. It is best to indicate the cash or check way, otherwise there is also the possibility of saying with what to give you a mortgage, resulting in unnecessary trouble.

2, the adjustment of rent:

In the contract to indicate the time and manner of adjustment of rent, the general routine is three to five years after the landlord may be incremental rent, so the tenant should not feel that three to five years incremental increase of 2%, etc. on the reluctance. If the landlord can't tell how much it will go up, he will sign it year by year. But if you are doing high input entity when you have to sign more time, otherwise a year later the landlord can be coaxed out of you do not sign with you, then your renovation is all wasted, so these must be considered.

3, the problem of rent-free period:

The usual rent-free period is 30 days to 45 days, is used for tenants to decorate or apply for a license period. Some people don't realize that there is such a period. Lease rent-free period generally have terms, but sometimes can not get a rent-free period, such as the rent of the store location is very good situation is not easy to get a rent-free period. If you get a rent-free period, you may need to give the lessor a certain amount of economic compensation.

4, the lease deposit and deposit:

General in the signing of the agreement before the intention to pay the landlord a certain amount of lease deposit, so that on the one hand, from the landlord that the house must give priority to you, if the landlord defaults on the double payment of the deposit to the lessee, if the lessee defaults on the deposit will not be refunded.

The amount of the rental deposit is generally one to two months of rent. The security deposit is non-interest bearing, which ensures that the tenant's certain interests. The security deposit and the landlord to negotiate a good, in the signing of the formal agreement to pay rent can be converted into rent. Next, there is the deposit, which is somewhat different from the security deposit. Formal signing of the agreement will have a deposit, this is delivered by the tenant to the lessor, this will always exist in the lease period of the landlord's body, used in the tenant default, in fact, play the role of the deposit, but the contract will not be so mentioned. The deposit is usually returned to the lessee at the end of the lease period, after all the expenses have been paid back to the landlord. But once there is some wear and tear or problems will be deducted from the deposit until it is deducted. In addition, the initial rental deposit can be converted into a deposit after the agreement is officially signed.

eleven, remodeling and renovation issues

Lessees need to renovate or additional ancillary facilities and equipment, or to do some major, critical structural renovation, should obtain the prior written consent of the lessor, according to the provisions of the approval of the relevant departments, it is also entrusted to the lessee by the lessor to report to the relevant departments for approval before proceeding. The lessor shall also entrust the lessee to report to the relevant departments for approval before proceeding. For example, the city management, and municipal departments, generally go here for approval, and if it involves some other issues, such as environmental protection, fire, but also to these departments for approval. In some cases, it may be necessary to go to all departments for approval. For example, when renovation, the fire escape has changed, you must get permission from the fire department, and the traffic department also have to go. The tenant is responsible for the additional ancillary facilities and equipment and their maintenance.

How to apply for permission when renovating, these must be written into the contract. For example, a brand, will not be as flexible as some other independent business to change the facade decoration, LOGO. brand needs to be unified, such as McDonald's must have a big M, if the space limitations can not be done, then it will not be able to choose this store. So these must be clear, in accordance with the brand requirements to achieve the purpose of the tenant's design, not only outside, but also inside the structure.

Secondly, about the signage should also be written in. Maybe many people will think I do catering here why not let me get a sign ah? In fact, this is not the case, must be written into the contract, and to ensure that the provision of signboards free of charge, otherwise there may be some charges, this is very common, so be sure to take these into account in advance, so that the lessor can provide to meet your requirements of the location of the signboards and written into the contract. Signboards need to be approved by a government agency, not just by the lessor, and this is also done by getting a permit in advance. It is also necessary to get a permit in advance. In fact, this kind of permit sounds troublesome and requires certain formalities for official approval, but it is possible to inquire about it in advance. For example, this place can not hang a sign, he will tell you, and then continue to the next step can be.

twelve, clear terms of delivery of the site

The first point, it must be clear at what time, under what conditions to deliver the house, this should also be written in the contract. If this is not clear, there is a possibility that the agreement has been signed, but the lessor will delay you from time to time, or it is not the landlord's artificial `factors but some other factors that cause delays in the house, if you have this article, you can use to bind the lessor.

The second point is that when delivering the site, you must ask the landlord to provide detailed, all the structural drawings of the rented house, all kinds of relevant documents and information on water and sewage, power supply, etc., and in addition to clarify the terms of delivery of the site.

There is one more thing, that is, in terms of delivering the premises, if it involves registering your business license in this place, then you must confirm that there are no relevant procedures to apply for a business license.

Thirteen, the exclusivity clause

Whether it is the operation of branded clothing, or catering or entertainment, want to exclude your competitors, it is best to add this one: you can agree in the contract, such as a building, you rent one of the stores, so that the Party to ensure that your contract period, any content directly or indirectly related to the content of your business and business forms shall not be used. Related business and business forms shall not enter the building, and it is best to list in detail, which brands can not come in, this is some experienced business or large brands of a practice. Many people may not be aware that there is such a clause, and it is an exclusionary clause that needs to be noted when signing a contract.

14. Determine the sole right of use

Be able to guarantee that you have the sole right of use of the property you are renting. Many people may think that he rented to me must be my use, but sometimes it is not so, must be clear in the contract to prevent the same time rented to others things happen similar to some of the bad phenomena in residential leasing. In addition, it is important to make sure that the property you are renting, for example, is part of a group or something, and that the affiliation changes later on, but that does not affect your rental rights.

XV, the lessee is recommended to sign the store lease contract before making the following legal preparations

(a) to verify whether the lessor has the legal qualifications for leasing:

Lessees can be verified through the inspection of real estate certificates and the corresponding identity documents to determine whether the lessor is entitled to the qualifications of the leased store. If the lessor is not the rightful owner of the premises, the lessee shall obtain from the other party the relevant written proof that the rightful owner of the premises agrees to sublet.

(ii) Verification of the legal nature of the leased premises:

1. The lessee shall investigate the use of the leased premises and the land use in accordance with the purpose of the lease. It must be ensured that the type of leased housing is commercial and the land use is non-residential in nature. Otherwise, the business license can not be done, the purpose of the contract can not be realized;

2, in order to protect the interests of the lessee, it is recommended that the lessee to the local Housing Authority to investigate the existence of mortgage and other encumbrances on the house;

3, to find out whether the house has been the existence of the lease registration information. If it exists, it will lead to a new lease contract can not be registered, which leads to a new lease relationship can not fight against third parties, but also affect the new lessee business license, the purpose of the contract can not be realized.

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