I. Rental of catering shops
(A) to find out the real estate market.
Before renting a storefront, it is essential to find out the status and price of the property, which is directly related to whether you can buy the best storefront with the least investment.
(2) Lease storefront
Leasing a storefront needs careful consideration, and a slight negligence may cause the storefront to suffer losses. The most important thing is to sign a house lease contract to ensure the operation of the store. When signing a house lease contract, some problems must be carefully considered.
1. Procedures must be complete.
It is best for the operator to negotiate the lease directly with the property owner of the house, rather than through an intermediary. When negotiating the lease with the owner of the house property, be sure to check the real estate license and relevant legal documents to see if the procedures are complete and avoid unnecessary troubles in the future.
2. Clear maintenance responsibility
Both the lessor and the lessee must be clear about the maintenance responsibility of the building and the ancillary facilities in the building. Generally, the lessor shall be responsible for the maintenance or bear the maintenance expenses within a reasonable period of time. If the maintenance affects the operation of the restaurant, the rent should be reduced or the lease term should be extended accordingly. If the maintenance is carried out due to the responsibility of the lessee, the lessee shall be responsible for the maintenance and bear the maintenance expenses.
3. The starting and ending period of the contract
The starting and ending date of the contract is generally decided by the lessor. Since the lease contract has been signed, it will not be changed generally, so the operator can negotiate the lease term with the lessor according to the rent. If the rent is at the peak, sign it shorter; Try to sign as many as possible when the valley is low, for example, more than 5 years or longer. After the lease expires, the lessee has the priority to renew the lease.
4. Rent payment method
When determining the rent, additional area and ancillary facilities may be involved. , and must prepare a list to show the completeness, as an annex to the lease contract. The ideal thing is to pay one month's rent and one month's deposit first, and then pay the rent monthly.
5. The area of the store.
The lessor and the lessee should first unify the calculation standard of the area, which should generally be based on the usable area, because only the usable area is the area really used for business.
6. Surrounding public facilities
Operators should check whether the public facilities of the building, especially the water, electricity, heating, gas and drainage facilities, meet the business needs, and confirm the meter, capacity, charging standard, payment method, management and maintenance of the public facilities to ensure that the restaurant has the basic conditions for operation.
7. Other clauses
Breach of contract should be stipulated in the contract. During the operation of the contract, if the operator breaches the contract, the lessor has the right to terminate the contract; If the lessor breaches the contract, the operator may claim damages through arbitration or prosecution. After the relevant matters are confirmed, the house lease contract shall be signed in accordance with the Contract Law of People's Republic of China (PRC).
Second, matters needing attention in signing a restaurant lease contract
1. Is there a complete program?
It is very good for operators to negotiate leasing matters directly with the owners of housing property rights, rather than through intermediaries. When negotiating the lease with the owner of the house property, you must check the real estate license and relevant legal documents to see if the procedures are complete, so as to avoid unnecessary troubles in the future. If you sublet or take over the ready-made restaurant, you should ask for the lease contract between the original lessee and the owner of the house property, and check the validity period of the original contract and other agreements on subletting. And negotiate with the owner of the house property to confirm, and check the business license of the original lessee at the same time, and then make a decision after all the checks are correct; When necessary, ask the real estate management department for relevant documents and notarize them for the record to prevent being cheated.
2. Whether you are eligible to apply for a business license.
The purpose of renting shops by the headquarters of catering companies or franchisees is to operate restaurants, and the first condition is to legally obtain a business license. Therefore, when signing a store lease contract, many terms should be set around the handling of business licenses. Before renting a store, you should go to the real estate trading center where the store is located to conduct a property right investigation and confirm the following main information:
(1) The use and land use of the house must be guaranteed. The house type is commercial and the land use is non-residential, before it can be rented out for use as a shop. Otherwise, you will not be able to apply for a business license and bear the risk of illegal use of the house.
(2) Whether the business license has been registered in the store. If you have already applied for a business license, but the business registration information has not been cancelled or moved, you will not be able to apply for a new business license in the same store again.
(3) Whether the lease registration information has been stored in the house. If the lease registration information has been stored, the new lease contract will not be registered, which will lead to the new lessee's lease relationship not being able to compete with the third party, and will also affect the new lessee's smooth application for business license.
(4) Catering, a special industry, can only obtain a business license after passing the inspection by the public security, fire protection, health and environmental protection departments and obtaining certificates such as public security license and health license.
In addition, it is also necessary to ensure that the lessor can provide relevant real estate materials, otherwise the business license may not be registered.
3. Is there a rent-free period for renovation?
In the leasing of restaurants, the rent-free decoration period often appears in the contract, mainly because the restaurant needs to decorate the house after leasing to meet the operating standards of the restaurant. In this case, the lessor agrees not to charge rent to the lessee during the renovation period. However, the rent-free decoration period is not a clearly defined concept in law, so when signing a lease contract, it is necessary to clearly stipulate its starting and ending time and the specific fees exempted. Under normal circumstances, only rent is free, and the utilities generated by the actual use of the house need to be borne in accordance with the contract.
4. Whether the decoration and accessory treatment methods are agreed.
Restaurants often need to spend a lot of money on environmental decoration. In order to ensure the smooth progress of decoration and safeguard the interests of decoration, several issues should be paid attention to in the contract: first, it is clearly stipulated whether the private party agrees to the decoration of the store by the restaurant, and whether the decoration drawings or plans need the consent of the lessor. If there is a special reconstruction and structure, it should be clearly agreed, and the location of advertisements and shop signs can also be clearly agreed. The second is to relieve the liability for breach of contract. Liquidated damages are usually agreed to be equal to the deposit, not high, and generally less than the decoration loss of the restaurant. Therefore, it should be agreed that in this case, in addition to the liquidated damages, the lessor should also bear the decoration losses suffered by the restaurant. The third is to clarify the disposal method of decoration and additional facilities when the lease expires?
5. Whether the demand for water, electricity and gas can be met.
Due to the particularity of catering stores' operation, they have special needs for water, electricity, heating, gas and drainage, and the supply of these public resources will be affected by various factors. It is suggested that before renting the store, check whether it meets the use requirements. If not, determine how to handle the expansion or increment and the related expenses involved, and clearly stipulate the relevant contents in the contract. In addition, it should be stipulated that restaurants have the right to terminate the contract without responsibility if they cannot meet the normal demand. In addition, it is necessary to confirm the meter, capacity, charging standard, payment method, management and maintenance of public facilities to ensure that restaurants have the basic conditions for operation.
6. Do you bear the rental tax?
According to the provisions of relevant laws, regulations and other normative documents, the lessor or sublessor shall bear the following taxes:
Lessor: business tax and surcharges, 5.55% property tax on rent, 0/2% personal income tax on rent, and 20% income (income is rent minus maintenance fee, and maintenance fee shall not exceed 800 yuan each time). Stamp duty, the rent is 0. 1% (paid in one lump sum when paying taxes first, calculated according to the total rent during the lease period). The land use tax shall be levied per square meter of residential land, subject to the actual collection by the collection authority.
Sublease: business tax and additional-5.55% of sublease income, stamp duty, sublease rent 0. 1%.
In practice, the payment of shop rent taxes and fees is relatively diverse, and the above standards are only statutory collection standards. Different areas may have different collection methods. Please consult the staff of the actual collection outlets before signing the store contract. Although the subject of payment of the above taxes and fees is the lessor or sublessor, the undertaker of the specific tax amount can be agreed in the lease contract.
7. Is the maintenance responsibility clear?
Both the lessor and the lessee must determine the maintenance responsibility of the building and the ancillary facilities in the building. Generally, the lessor shall be responsible for the maintenance or bear the maintenance expenses within a reasonable period of time. If the maintenance affects the operation of food and beverage outlets, the rent should be reduced or the lease term should be extended accordingly. If the maintenance is carried out due to the responsibility of the lessee, the lessee shall be responsible for the maintenance and bear the maintenance expenses.
8. Are you registered for lease?
Whether the lease contract is registered or not does not affect the validity of the contract itself. Even if it is not registered, the contract will still take effect when the effective conditions are met. However, contract registration has the legal effect against the third party. For example, if the lessor rents the house to two lessees, and one of the contracts is registered and the other is unregistered, then the house is leased to the registered lessee, and the lessor shall be liable for breach of contract to the unregistered lessee. Therefore, when a restaurant rents a storefront, it should go to the district (county) real estate trading center where the store is located for lease registration. In addition, most industrial and commercial departments require the lease contract to be registered when handling business licenses.
9. Is it subletting?
In the shop market, we often meet many second or third landlords, among which there is the problem of subletting. Commonly known as sublease, it actually covers two ways of change stipulated by law, namely sublease and lease right transfer. According to the law, sublease means that the owner does not terminate the lease relationship, and the owner establishes the lease relationship here; The transfer of leasehold right means that the new lessee directly replaces the original lessee to establish a lease relationship with the lessor (owner).
In these two forms, we need to pay attention to the following issues: first, sublease must obtain the written consent of the lessor. Similarly, in the transfer of the lease right, it is also necessary to obtain the consent of the lessor, terminate the original lease contract and sign a new lease contract. Second, the original lessee often claims a compensation fee from the new lessee, mainly to compensate for the loss of decoration. This expense does not belong to the expenses of the legal lessee, but it is not explicitly prohibited by law. Therefore, as long as both parties agreed at that time, they were protected by law. It is suggested that the lessee should consider paying this fee in batches and in combination with all aspects of sublease or lease right transfer, so as to reduce the risk of funds, and at the same time, consider whether the business license is successfully obtained as a condition for the refund or cancellation of this fee.
10. Are there any other terms?
Breach of contract should be stipulated in the contract. During the operation of the contract, if the operator breaches the contract, the lessor has the right to terminate the contract; If the lessor breaches the contract, the operator may claim damages through arbitration or prosecution. After the relevant matters are agreed, the house lease contract shall be signed in accordance with the Contract Law of People's Republic of China (PRC).
The above is all the knowledge about restaurant leasing, and the matters needing attention when signing the restaurant leasing contract. I hope I can help you. Signing a house lease contract ensures the operation of the restaurant. When signing a house lease contract, we should focus on the above issues.