Article 11 of the Measures for the Administration of Commercial Housing Lease: If the lessee sublets the house, it shall obtain the written consent of the lessor; If the lessee sublets the house without the written consent of the lessor, the lessor may terminate the lease contract, take back the house and demand the lessee to compensate for the losses.
Article 225 of the Contract Law stipulates: "During the lease period, the profits obtained from the possession and use of the leased property shall be owned by the lessee, unless otherwise agreed by the parties".
Definition of transfer fee: transfer fee refers to a certain sublease fee that the next (third-party) operator needs to pay to the original operator in order to obtain the operation right of the store during the lease period.
Transfer fees generally include the original operator's decoration fees, miscellaneous fees and other related expenses. There is not necessarily a transfer fee for the transfer of shops, but most of the transfer fees are transferred from one level to another. The landlord may not be notified of the transfer fee, but the new lease contract must be signed by the landlord, the original operator and the next operator.
Extended data:
The specific contents of the Measures for the Administration of Commercial Housing Lease:
Measures for the administration of commercial housing lease
Article 1 In order to strengthen the management of commercial housing leasing, standardize the behavior of commercial housing leasing and safeguard the legitimate rights and interests of both parties to commercial housing leasing, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) Municipality on Urban Real Estate Management and other relevant laws and regulations.
Article 2 These Measures shall apply to the lease of commercial housing on state-owned land in urban planning areas (hereinafter referred to as house lease) and its supervision and management.
Article 3 The principle of equality, voluntariness, legality, honesty and credibility shall be followed in house leasing.
Article 4 The competent department of housing and urban and rural construction in the State Council shall be responsible for the guidance and supervision of housing leasing throughout the country.
The competent department of construction (real estate) of the local people's government at or above the county level shall be responsible for the supervision and management of house leasing within its administrative area.
Article 5 The competent departments of construction (real estate) of the people's governments of municipalities directly under the central government, cities and counties shall strengthen the publicity of the laws and regulations on housing lease management and the knowledge of housing use safety, and regularly publish information such as the market rent level of different types of houses in different regions.
Sixth houses under any of the following circumstances shall not be rented:
(a) illegal construction;
(two) does not meet the mandatory standards for safety, disaster prevention and other engineering construction;
(three) in violation of the provisions to change the nature of housing use;
(four) other circumstances in which laws and regulations prohibit rental.
Article 7 The parties to a house lease shall conclude a lease contract according to law. The contents of the house lease contract shall be agreed by both parties, and generally include the following contents:
(a) the name and domicile of the parties to the house lease;
(2) Location, area, structure, ancillary facilities, furniture, household appliances and other indoor facilities;
(3) The amount and payment method of rent and deposit;
(four) the purpose and use requirements of the leased house;
(five) the safety performance of houses and indoor facilities;
(6) Term of lease;
(seven) housing maintenance responsibility;
(eight) payment of property services, water, electricity, gas and other related expenses;
(nine) dispute resolution and liability for breach of contract;
(10) Other agreements.
The parties to a house lease shall stipulate in the house lease contract the measures to be taken when the house is expropriated or demolished.
The construction (real estate) management department may, jointly with the administrative department for industry and commerce, formulate a model text of the house lease contract for the parties to choose.
Eighth rental housing, the original design of the room should be the smallest rental unit, the per capita rental construction area shall not be lower than the minimum standards stipulated by the local people's government.
Kitchen, bathroom, balcony and underground storage room shall not be rented for people to live in.
Article 9? The lessor shall perform the obligations of house maintenance in accordance with the contract and ensure the safety of the house and indoor facilities. If the damaged house is not repaired in time, which affects the normal use of the lessee, it shall be liable for compensation or reduce the rent in accordance with the agreement.
During the term of the house lease contract, the lessor shall not unilaterally raise the rent level at will.
Article 10 The lessee shall use the house reasonably according to the lease purpose and use requirements agreed in the contract, and shall not change the load-bearing structure of the house or dismantle or refit indoor facilities without authorization, and shall not harm the legitimate rights and interests of other owners and users.
If the lessee causes damage to the leased premises and facilities due to improper use, it shall be responsible for repair or be liable for compensation.
Article 11 The lessee shall obtain the written consent of the lessor when subletting the house.
If the lessee sublets the house without the written consent of the lessor, the lessor may terminate the lease contract, take back the house and demand the lessee to compensate for the losses.
Article 12 During the lease period, if the house is transferred due to donation, property analysis, inheritance or sale, the original house lease contract shall remain valid.
If the lessee dies during the lease period, the person who lived with him before his death may lease the house in accordance with the original lease contract.
Article 13 Where the lessor sells the leased house during the lease period, it shall notify the lessee within a reasonable period before the sale, and the lessee shall have the preemptive right under the same conditions.
Article 14 Within 30 days after the conclusion of the house lease contract, the parties to the house lease shall go through the house lease registration at the construction (real estate) department of the people's government of the municipality directly under the central government, city or county where the leased house is located.
The parties to the house lease may entrust others to handle the lease registration in writing.
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