Shops encountered a second landlord run away "eggshell apartment" tenants how to protect their rights

2022 the end of November, Shenzhen Kexing Science Park, several commercial tenants were evicted by the property incident. This matter has not been reported by the media, from the scene and the general situation: a certain area of the park store first by the second landlord leased down, the second landlord and then divided into a number of stores rented to the catering business, now the second landlord owes the park rent and has been lost, as the landlord of the park to take back the stores, ordered the tenants to relocate.

Listening to a thunderstorm like the nationwide Eggshell Apartments, the owner and the tenant are essentially victims, however, for the tenant merchants such a loss is unbearable. The costs involved in a store may include franchise fees, renovation fees, rent, transfer fees and so on, coupled with the high food and beverage traffic in the Kexing Science Park, it is unfortunate that commercial tenants with good business are forced to exit.

This year in Hangzhou there is such a case, Mr. Huang in the subway near the entrance to the second landlord rented a 14.5 square small store to do kebab business, the initial investment of 300,000 yuan to renovate the store with the purchase of equipment, rent 188,000 yuan per year. After three months of hard work, Mr. Huang's business just took off, suddenly the owner of the Huacheng Industry and Trade Co. power cuts, resulting in tens of thousands of dollars of frozen products in the freezer damage.

The reason the store was disconnected was a dispute between the owner and the second landlord over compensation payments from the subway, and the owner demanded to take back the store, in which Mr. Huang was the most hurt. Most of the stores, offices lease disputes are related to the second landlord, the practice of reducing risk is to sign a lease contract directly with the owner. However, the owners are often to save trouble, the large area of the property first rented to the second landlord. Therefore, in the face of stores, office buildings, such as high-cost leasing, be sure to learn more about the law in advance, or ask a lawyer to review the contract and process.

One should focus on which points before the lease?

01 Sign with the second landlord first look at its right to sublet. This point our team has also written before, and then review the knowledge:Landlord will sign a lease contract with the second landlord (hereinafter collectively referred to as the "Basic Contract") will generally agree that the second landlord has the right to sublet the house to the outside world. Tenants check the real estate license found that the lessor is the second landlord rather than the owner, be sure to check the landlord and the second landlord of the "basic contract" on the subletting behavior to make a clear agreement.

02 Check the term of the lease signed between the landlord and the second landlord. This point in our team has also written before, and then review the knowledge points: the owners will be signed with the second landlord lease contract (hereinafter collectively referred to as the "basic contract") will generally agree that the second landlord has the right to sublet the house. If the tenant finds that the lessor is the second landlord instead of the owner when checking the real estate right certificate, the tenant must check whether the "Basic Contract" between the owner and the second landlord has made a clear agreement on subletting.

03Ask in advance about property regulations. There are stores that clearly stipulate that certain trades or certain behaviors are not allowed. For example, in some subway, residential neighborhoods at the bottom of the commercial tenants, the provisions can not do open-flame catering and so on. Therefore, before renting, the tenant can ask the landlord whether the industry they are operating is restricted, if the landlord is not very clear, you can consult the property or the Trade and Industry Bureau.

04Fighting for the priority right to renew the lease. Generally signed 2-5 years, if the business of commercial tenants good probability will be renewed, so you can specify the right of priority renewal in the contract, agreed that there is a rent increase, but also to write in black and white clear store rent is how much the annual increment.

Two encountered disputes, the tenant can be defended from what?

01Disputes arising from the second landlord, the tenant first to find the landlord to communicate. If the act of subletting is authorized by the landlord and does not exceed the term of the lease of the Basic Contract, the landlord shall continue to perform the contract, and the losses thus caused to the landlord shall be claimed as compensation from the second landlord.

Here is a reminder, if you find the owner, found that the second landlord did not obtain the owner's permission to sublet, and also disappeared to run away, at this time rushed to negotiate with the owner of the effect is not very (without the authorization of the landlord or has exceeded the term of the original contract lease, the tenant signed the contract is invalid), you should promptly report to the police to the second landlord to recover compensation. Laws cited in the People's Republic of China *** and the National Code, Article 716 of the lessee with the consent of the lessor, you can sublet the leased property to a third party.

The lessee sublet, the lease contract between the lessee and the lessor continues to be effective: the third party caused the loss of the leased property, the lessee shall compensate for the loss. The lessee without the consent of the lessor sublet, the lessor may terminate the contract.

02Can the landlord force the water and electricity to stop at will? If the Base Contract/Tenant's Lease Agreement does not explicitly agree that the landlord can stop the use of water and electricity in the event that the second landlord/tenant defaults on rent, etc., then the landlord does not have the right to stop the water and electricity, and if the tenant suffers loss due to its stoppage of water and electricity, the tenant can demand that the landlord be held liable for the damages.