The following is my notes on renting a storefront, welcome to read. More related content please pay attention to the practical information column.
Notes on renting a storefrontFirst, sublease, ? transfer? and independent of the lease contract
When a businessman rents a store to operate for a period of time, because the business situation is not good, often consider the rented store? The problem is that it is not a good idea to transfer or sublet the business. 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 subtenant 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 of the practice of the store (lease) is a transfer; the original lease contract is dissolved, the new lessee and the landlord to re-sign a lease contract for the lease contract involves a whole new negotiation, the lease contract involves the issue of 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 previous in the withdrawal of business delivery of the next family to use, require the next family 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. The transfer fee is not illegal or coercive as long as it is consensual.
Second, the issue of business license
Operators 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 certificate 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.
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 talk about 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's request for compensation and the lessor's request to restore the original conflict.
Fourth, capacitance
Some store operators have special requirements for capacitance, the need to expand. But capacity 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 businesses, in the external publicity, often express or imply that the near future will be built in the area has a perfect supporting, good popularity of the business district, and give businesses a variety of verbal commitments. However, the fact that often let the tenant business can not be as desired, and even blood money.
Six, with the obligation to cooperate with the problem
After renting a store, on the home of many things need the landlord's cooperation, such as business licenses need to be provided by the landlord of the 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 have no obligation to refuse to cooperate with the reason or 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 the store is agreed in the contract, when the activities of the merchant are restricted by the relevant management department, the lease can be terminated on the grounds of inability to achieve the purpose of the contract, and not be liable for breach of contract.
Eight, the demolition of the problem
Businesses often hope to lease stores long-term stable business, if the business is still good, it 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 assignors 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 on the possible evictions in the future.
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 street how many must be clear, the specific size of the area should also 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 lessor to take this and you get into trouble, which is also agreed upon by both parties, all in order to avoid possible conflicts. Must be limited to clearly express the use, if you want to do other business in the future, you can discuss with the lessor.