When a businessman leased a store business for a period of time, because of the business situation is not good, often consider the leased store "transfer" or sublease.
In the subtenant and the landlord to maintain the lease relationship at the same time, derived from the subtenant and the subtenant of the lease contract between the practice, belong to the store sublease; the original lessee to withdraw from the lease contract, by the new lessee to replace the original lessee of the legal status of the practice, belong to the store (lease contract) transfer; the original lease contract is dissolved, the new lessee and the landlord to re-entry into a lease contract for the lease contract involves a new negotiation, for the lease contract involves a new lease contract. To the issues involved in a completely new negotiation, belongs to the independent lease contract.
When adopting the subletting method, it is necessary to confirm whether the subletting party has the right to sublet, to make sure that the term of the lease contract does not exceed the term of the previous contract, and to review the validity of all the previous lease contracts. 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 be a preliminary determination.
The best and easiest way to use the transfer of the lease contract, the original lease contract is the best and easiest way to explain and supplement, so as to maintain the content of the contract before and after the consistency. However, for the former hand has been fulfilled contractual obligations and outstanding obligations must pay attention to the articulation, in particular, the issue of the deposit and the outstanding 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 take care not to let the dispute left over from the original lease contract affect their own lease contract.
No matter which of the above ways to lease the store, the commercial custom has the problem of "transfer fee". That is to say, 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 the operation of the 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. 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 operators need to have a business premises, in the application for a business license, you need to provide a property certificate or lease and lease contract. Generally speaking, the Business and Industry Bureau for 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 (different from the malls, markets and other integrated places of business license and the relationship between the business license and the specific stalls).
But there are also many operators who do not apply for a business license and borrow the business license of their predecessor. This kind of operation does not actually constitute cooperative business, contracting business, in fact, illegal borrowing license and store subletting or lease contract assignment. This is not entirely legal on the one hand, and on the other hand, it is easy to be subjected to the former hand.
Additionally, some property owners have split their stores without authorization, leasing them out to multiple businesses. This can also lead to obstacles in obtaining business licenses between merchants.
Three, 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 requires compensation and the lessor requires restoration of the conflict.
Four, 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.
Fifth, investment issues
Some newly opened shopping malls or markets, in order to attract business, in the external publicity often express or imply that the area will be built in the near future to have a perfect support, good popularity of the business district, and give businessmen 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 leasing the store, the upper house 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 with a variety of other reasons to delay cooperation.
Seven, the purpose of the contract
Maybe some people will say that the rent of the store to do business is the tenant's business, and the landlord has nothing to do. But we believe that in the contract expressly leased store business content is very important, because it is actually clear the purpose of the leased store.
We know that in our complicated administrative system, sanitation, industry and commerce, fire, planning and other various management departments will manage and restrict the business activities of the merchants. 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 something that businessmen can fully understand and predict.
However, if the purpose of leasing a store is agreed in the contract, when the merchant's activities are restricted by the relevant authorities, the lease can be terminated on the grounds that the purpose of the contract cannot be realized, and there is no need to assume liability for breach of contract.
Eight, the demolition problem
The businessman leased store often hope to be able to long-term stable operation, if the business is still good, but also will increase the investment. However, in case of demolition and relocation, then the businessman's wish will be disappointed. If they are already within the red line of demolition, they cannot 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 on the possible future evictions.