First, make clear the terms.

1. A formal lease contract must be signed. A formal lease contract is a lease contract approved by the industrial and commercial record. It can be purchased at the local industrial and commercial department.

2. The lessor must be required to show the original property right certificate and identity certificate.

If it is owned by * * *, it needs to be signed by * * * to take effect.

3. In addition to the rent, the undertaker of other expenses such as house rental tax, property management fee and repair fee must be clear when concluding the contract.

4. If the rented storefront needs to be renovated before it can be used, it is necessary to clarify the scope of renovation.

5. If the store owner sells or mortgages the store during the lease period, it must be clearly stipulated in the contract to guarantee the lessee's right to continue the lease, otherwise the lessor shall compensate for the losses.

6. The contract shall specify whether the lessee is allowed to sublet to others.

7. When concluding the contract, the owner and * * * must sign and seal at the same time. It is irreplaceable by others.

Second, the lease terms of the lease contract

The lease term of the leased property is stipulated in the contract, and the specific lease start and end dates are specified. If the lessee uses the leased property beyond the lease term, it shall pay the lessor the overdue rent.

Third, rent-free renovation period.

In shop leasing, the rent-free decoration period often appears in the contract, mainly because the lessee needs to decorate the house after handing over the house, so he can't actually work or do business. In this case, the lessor agrees not to charge rent to the lessee during the renovation period. However, the concept of "rent-free decoration period" is not clearly defined in law. Therefore, when signing the lease contract, it is necessary to clearly stipulate the start and end time of the rent-free decoration period, so as to avoid the specific expenses paid. Under normal circumstances, only rent is free, and the utilities generated by the actual use of the house must be borne according to the contract.

Fourth, investigate the property rights of shops.

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. House use and land use. We must ensure that the type of house is commercial and the land use is non-residential before renting it as a shop. Otherwise, we will face the risk of not obtaining a business license and illegally using the house.

2. The owner of the house shall ensure that the lease contract is signed with the owner of the house or other owners.

3. Does the house already have lease registration information? If there is already lease registration information, the new lease contract cannot 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 successful business license.

If the lessee cannot find out, he can entrust a lawyer to the relevant department for investigation.

Verb (abbreviation of verb) tax and fee commitment

In accordance with the provisions of laws, regulations, rules and other normative documents, the lessor or sublessor shall bear the following taxes and fees:

1, rent:

Business tax and additional rent *5.55%

Property tax rent * 12%

Personal income tax income *20% (income is rent minus maintenance expenses, and maintenance expenses shall not exceed 800 yuan each time).

The stamp duty rent (total amount) is 0. 1% (paid in one lump sum when paying taxes for the first time, and calculated according to the total amount of all rents during the lease period. )

Land use tax shall be levied per square meter of residential land, subject to the actual collection by the collection authority.

2. Sublease:

Business tax and additional sublease income *5.55%

Stamp duty stamp duty sublease rent (total) 0. 1%

In practice, there are many kinds of taxes and fees to be paid for store leasing. The above standards are only legal collection standards, and different regions may have different collection methods. Please consult the staff of the actual collection outlets before signing the store contract.

Although the above taxpayers are lessors or sublessees, the specific taxpayers can be agreed in the lease contract. At this time, both the lessor and the lessee should realize that the tax on store leasing is relatively high, and the specific taxpayers should make an agreement after carefully considering the increased cost of long-term tax adjustment, so as not to be confused by the short-term lower tax rate of some collection outlets.

Business license of intransitive verbs

The purpose of renting a store is to carry out business activities, and the first condition for business activities is to legally obtain a business license. Therefore, when signing a store lease contract, many clauses should be set around the handling of business licenses, mainly involving the following aspects:

1. The original lease registration information was not cancelled, resulting in the new lease contract not being registered, which led to the failure to apply for the business license in time;

2. The business license has been registered in the store, but the industrial and commercial registration information has not been cancelled or moved, which makes it impossible to register a new business license in the same store again;

3. The house type is not commercial, and it is impossible to conduct business activities, resulting in the inability to apply for a business license;

4, involving special commercial industries (entertainment, catering, etc. ), but also need to pass the inspection of public security, fire protection, health, environment and other departments, and obtain security permits, health permits and other documents before obtaining a business license;

Due to the lack of lessor's materials, the business license cannot be registered.

In case of the above-mentioned Article 65438 +0, 2, 3 and 5, it can be set as the obligations of the lessor in the contract, and the lessor can be given a reasonable grace period. If the obstruction cannot be eliminated after a certain period of time, it shall bear the corresponding liability for breach of contract; The situation in Article 4 above can be set as the situation of termination without responsibility, so as to ensure that the lessee can terminate the contract without responsibility without obtaining the business license.

Seven. Treatment of decoration

In the lease of shops, a lot of money is often spent on pavement decoration. In order to ensure the smooth progress of decoration and protect the interests of the decorator, several issues should be paid attention to in the contract:

1. Clearly stipulate whether the lessor agrees to the renovation of the store by the lessee, and whether the renovation drawings or plans need the lessor's approval. Where there is special renovation or erection, it shall be clearly defined, and the location of advertisements and shop signs may also be clearly defined.

2. To relieve the liability for breach of contract, we can't just consider the liquidated damages, because the liquidated damages are often agreed to be equal to the deposit, and the amount is not high, which is often less than the decoration loss of the lessee. Therefore, it should be agreed that in this case, the lessor should bear the decoration losses incurred by the lessee in addition to the liquidated damages.

3. Clarify the disposal methods of decoration and accessories when the lease expires.

Eight, water, electricity, telephone lines, etc.

Due to the particularity of store operation, there may be special needs for water, electricity and telephone lines, and the supply of these public resources will be affected by various factors. It is suggested that before renting a storefront, check whether it meets the use requirements. If not, we should determine how to deal with the expansion or increment, and the cost of the expansion or increment. The lessee shall be exempted from the right to terminate the contract if the relevant contents are clearly agreed and cannot meet the normal demand.

Nine. limitation of action

On the restriction of delaying payment or refusing to pay rent. Item 3 of Article 136 of General Principles of Civil Law of China stipulates that the limitation period of action for delaying or refusing to pay rent is 1 year. For example, the plaintiff should claim the rights against the defendant within one year after the agreed deadline for each rent payment expires. If the first payment is made within 10 days before June 20, 2008, the plaintiff shall ask the defendant for two months' rent in August1-June 10, 2009. However, if the plaintiff fails to collect the rent from the defendant within the one-year limitation period from August 10, 2008 to July 10, 2009, it will be deemed as giving up the right to collect the rent during this period.

According to Article 227 of the Contract Law, if the lessee fails to pay the rent within the time limit, the lessor has the right to terminate the contract, take back the house and investigate the lessee's liability for breach of contract. The plaintiff never exercised the above rights more than 1 year before the prosecution, even if the defendant failed to pay the rent in time for various reasons.

Ten,

Lease deposit

Commonly known as "deposit", it is mainly used to offset the expenses that the lessee should bear but not pay. Because the electricity, telephone and property management fees that shops adapt to are relatively high, it is suggested that the deposit be appropriately higher, so as not to cover the above fees. In addition, it should be noted that in the process of leasing, the lessee keeps delaying the payment of related expenses. What should I do if the deposit deduction is not enough? The scheme of making up the "deposit" can be agreed in the contract, that is, after the lessor deducts the relevant expenses with the "deposit" every time, the lessee shall make up the "deposit" within a reasonable period of time. If it is made up within a certain period after being notified by the lessor, the lessor may unilaterally terminate the contract and investigate the lessee's corresponding liability for breach of contract. If there is such an agreement in the contract, it can effectively punish the lessee's "lazy" behavior.

First, the lease contract:

According to the relevant provisions of Chapter XIII of the Contract Law of People's Republic of China (PRC), a lease contract refers to a contract in which the lessor delivers the leased property to the lessee for use and profit, and the lessee pays the rent. Among the parties, the lessor is the party entitled to use or benefit from this clause; The lessee is the party who has the right to use or benefit from the lease item.

A lease contract is a promise contract. The establishment of a lease contract does not depend on the delivery of the lease item.

Second, doubts after signing the contract

1, lease registration

Lease contract registration belongs to the nature of contract registration, and the effectiveness of this registration mainly includes the following contents:

1), registration or not does not affect the effectiveness of the contract itself, even if there is no record, the contract will still take effect when the conditions for entry into force are met;

2) The registered case 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, it is recommended to register the lease at the real estate trading center where the store is located in time. In addition, most industrial and commercial departments require the lease contract to be registered when handling business licenses.

2, sublease problem

There are often many "second landlords" and "third landlords" in the shop market, among which there is the problem of subletting. Commonly known as "sublease", it actually covers two ways of change stipulated by law: sublease and lease right transfer. According to the law, "sublease" means that the lease relationship is not terminated and the owner establishes the lease relationship here, while "transfer of the lease right" means that the new lessee directly replaces the original lessee and establishes the lease relationship with the lessor (owner). In these two forms, we need to pay attention to the following questions:

1), 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 to terminate the original lease contract and conclude a new lease contract.

2) The original lessee often claims a compensation fee from the new lessee, mainly to compensate for the decoration loss. This fee is not the fee that the legal lessee should bear, but it is not explicitly prohibited by law. Therefore, as long as both sides reached an agreement at that time, it was also protected by law. It is suggested that when paying this fee, the lessee should consider combining the installment payment with the wrong link of sublease or lease right transfer to reduce the risk of funds, and take the successful handling of the business license as the case of refund or cancellation of this fee.

In view of the many problems involved in the store lease contract and the large contract amount, it is suggested to sign this kind of contract carefully, and if necessary, hire professionals to check it, so as to avoid disputes in the performance of the contract, which will lead to litigation and the loss will outweigh the gain.

3. Purchase, sale and lease

Many tenants often worry about what to do if the owner rents out the shop and sells it. In fact, the lessee need not worry about this risk at all, because the law gives the lessee two special protections:

1). When the lessor sells, the lessee enjoys the preemptive right under the same conditions, that is, if the lessee claims to buy the store under the same conditions as other buyers, the owner must sell the store to the lessee, thus protecting the lessee's use interests.

2) Even if the lessee is unwilling to buy the leased store, the new owner shall perform the lease contract after the owner sells it, otherwise the new owner shall bear the liability for breach of contract in the lease contract.

In addition, before renting a store, you need to know the store's business plan and related policies. If the business format that the lessee wants to operate does not conform to the relevant business plan and policies, such as renting a house that cannot operate the catering industry to open a hotel, it will definitely lead to the loss of manpower and financial resources. In the case of uncertainty, the lessee can specify relevant matters in the lease contract as the conditions for dissolution, so as to avoid unnecessary liability for breach of contract.