Discussion On House Sublet Contract

A sublease contract is a special lease contract.It is a special way for the lessee to maximize the lease right of the leased property by using the income power by transferring the leased property.With the rapid development of China’s economy,housing subletting is very common.However,China’s laws do not pay enough attention to subletting.The relevant provisions are mainly reflected in Article 224 of the Contract Law,which is not clear and complete on the effectiveness and limits of the lessor’s consent right and the rules for the exercise of the right to terminate the contract.The Supreme People’s Court’s Understanding on Judicial Interpretation of Cases in Disputes over Urban House Lease Contracts Although it further stipulates the exclusion period for the exercise of the right of the lessor to terminate the contract,and the sub-tenant’s right to claim compensation,the specific rules for the exercise of the right have not been clear.The current legislation does not coordinate the conflicts of interest among the lessor,the lessee,and the sub-tenant,and pays insufficient attention to the interests of the sub-lessee.It does not distinguish between civil subletting and commercial subletting.The relevant provisions only consider the characteristics of civil subletting.Conducive to the development of commercial operations.Subletting behavior is mainly regulated by contracts.Here,issues concerning the validity,performance and termination of the subletting contract are involved.Although the subletting contract and the original lease contract are two contracts,the subleasing is based on the validity of the original lease contract.Under the framework of contract law,how to improve the relevant provisions and expand the rights relief channels of sub-lessees is worth exploring.This article is divided into four chapters,and its main contents are:The first chapter elaborates the importance and necessity of the research on the issues related to the house sublet contract,and clarifies the scope of the house sublet contract discussed in this article.First,based on the current situation and dilemma of the development of long-term rental apartments,the necessity of further clarifying the relevant content of the house sublet contract is put forward.Then,the sub-leasing and the transfer of the lease right are divided,and it is considered that the sub-lease does not involve the complete transfer of creditor’s rights and debts,and does not belong to the lease transfer.Thirdly,starting from the conclusion of the form of subleasing,there are a lot of situations in reality that cover the real intention of subleasing through the signing of cooperation agreements,joint venture agreements,etc.,and it is believed that the principle of substance over form should be used to determine whether subleasing is constituted.The second chapter is to sort out the legislation and practice status of housing sublet contract in China,and point out the specific problems existing in the legislation of housing sublet contract.China’s current laws and regulations are more inclined to protect the interests of lessors,and the interests of sub-lessees are not well protected.The provisions on subleasing contracts are more designed according to the characteristics of civil subletting,and there is no clear distinction between commercial subletting and civil subletting.In judicial practice,due to the lack of clarity on issues such as the effectiveness of sublease contracts under unauthorized sublease,the effect of the lessor’s consent on the sublease,and whether sub-lessees have the right of first refusal,the courts mostly follow relevant laws and judicial interpretations.The way of thinking,judgment and reasoning are different.In particular,the courts in some developed regions have dealt with differently according to the actual situation of local economic development.The discussion of related issues needs to be further explored.Regarding the issue of subleasing of houses for commercial operation,the court did not fully follow the existing subleasing rules,but proceeded from commercial practice and dealt with issues such as whether the agreement prohibiting subleasing is reasonable and the limit size agreed by the lessor based on good faith The problem reflects that commercial practice poses more challenges to the existing sublease regulations.The third chapter mainly discusses how to balance the conflict of interests of the three parties in the sublease relationship.First,analyze the effect of the lessor’s consent on the effectiveness of the sublease contract.It cannot be simply considered that the lessor’s consent is a valid element of the sublease contract.When discussing the right of the lessor in the issue of sublease,the lessor’s right to know and consent should be distinguished.The lessee must notify the lessor when entering into the sublease contract,otherwise Constitutes unauthorized subletting.Whether the lessor agrees does not affect the effectiveness of the sublease contract and the liability for damages of leased property,and the exercise of the right to consent should be restricted.If the reason for the lessor’s rejection of the sublease is valid,the lessor can refuse the sublease and can terminate the original lease contract and require the lessee Or the lessee will return the leased property.If the lessor does not exercise the right of cancellation after refusing the sublease,the sub-lessee cannot be directly requested to return the leased property.Then proceed from the right of the lessor to terminate the contract under the sublease without authorization,and further affirm the rationality of limiting the lessor’s consent.The current conditions for the exercise of the right of rescission do not meet the requirements for the exercise of the statutory right of rescission in the general provisions of the contract law,which is a legal interest to the lessor.In today’s society,the interests of sub-lessees need to be given more attention.By restricting the exercise of the lessor’s right to terminate the contract,the lessor’s right to terminate the contract under the sublease without authorization can be reconstructed.Third,analyze the impact of the original lease contract on the effectiveness of the sublease contract.As the reason for the invalidation of the lease contract is a serious illegal act,the sub-tenant should be aware of the reason for the invalidity,and does not need to acknowledge the effectiveness of the sub-lease contract in order to protect the interests of the sub-lessee.When considering the impact of the cancellation of the original lease contract on the sublease contract,it is necessary to analyze the reasons for the cancellation of the contract.If the original lease contract is cancelled due to malicious collusion between the lessee and the sub-tenant to deceive the lessor,the sub-lessee cannot claim that the sub-lease contract is valid.When the original lease contract is terminated due to the exercise of the right of termination by one party,it is necessary to distinguish the reasons for termination and consider the impact on the interests of the sub-lessee.For a subleasor who legitimately exercises the right to terminate the contract under the sublease without authorization,the subtenant can claim the liability for breach of contract due to the fact that the sublease cannot be performed in practice,regardless of whether the subtenant knows without consent.If the lessor terminates the original lease contract with a fundamental breach of contract,the lessor cannot be considered to directly bear the sublease contract,and the sublease contract will be terminated due to failure to perform.If the lessee conceals the fact that the lessor refuses to sublet or does not agree,the sub-lessee can claim fraud to cancel the contract.If the lessee negotiates with the lessor to terminate the original lease contract,as the cancellation has adverse effects on the sub-lessee,if the sub-lease contract stipulates that the sub-lease has priority lease rights,the lessor must comply with the agreement and guarantee the sublease under the same conditions.The lessee’s right to lease the original leased property.Finally,when the lessor transfers the subletting property during the sublease period,it should recognize that both the lessee and the subtenant have the right of first refusal,and the length of the sublease time must be considered when confirming the order of the two.When the lessee acquires the ownership of the subletting from the lessor,it does not affect the continued performance of the original lease contract and the subleasing contract.At this time,the contract will not disappear due to the confusion.The fourth chapter analyzes the relationship between civil sublease and commercial sublease.Starting from the characteristics of commercial sub-letting,we have differentiated regulations on the form and effective requirements of commercial sub-leasing contracts,while taking more favorable measures to protect the sub-tenant’s lease renewal right.Commercial house sublease contracts should not be concluded in writing.It does not constitute an indefinite contract,and one party cannot terminate it arbitrarily.Commercial subletting is not necessary with the consent of the lessor,and the lessee is free to sublet.Attention should be paid to protecting its lease renewal right.Commercial sublease lessees should not have the right of first refusal,and the right of preemptive right and preemptive right are not enough to effectively protect the interests of the lessee and sub-tenant in commercial sublease.Affirm the contribution of the sublessee to the increase in the value of the commercial real estate during the lease period.When the lessee refuses to renew the lease,he may request corresponding compensation.