How do the tenants of Danke Apartment defend their rights when the second landlord runs away

At the end of October, 2122, several businesses in Shenzhen Kexing Science Park were evicted from their properties. This matter has not been reported by the media. From the scene and the general situation, it is known that the shops in a certain area in the park were first rented by the second landlord, and then the second landlord divided them into several shops and rented them to various catering businesses. Now the second landlord has defaulted on the park rent and has lost contact. As the owner, the park has to take back the shops and order the merchants to move.

It sounds like a thunderbolt in Danke Apartment that caused a sensation in the whole country. In essence, both the owner and the tenant are victims, but such a loss is unbearable for tenants and businesses. The costs involved in a store may include joining fee, decoration fee, rent, transfer fee, etc. In addition, the catering traffic in Kexing Science Park is very high, so it is a pity that the merchants with good business are forced to leave.

This year, there was such a case in Hangzhou. Mr. Huang rented a small shop with a size of 4.5 square meters from the second landlord near the subway entrance to do the string-frying business. In the early stage, he invested 311,111 yuan to decorate the store and purchase equipment, and paid an annual rent of 188,111 yuan. After three months' efforts, Mr. Huang's business just improved, and suddenly he was cut off by the owner Huacheng Industry and Trade Co., Ltd., resulting in tens of thousands of frozen products in the freezer being damaged.

The reason why the store was cut off was that there was a dispute between the owner and the second landlord about subway compensation, and the owner demanded to take back the store, among which Mr. Huang was the most injured. Most disputes over the lease of shops and office buildings are related to the second landlord. The way to reduce the risk is to sign a lease contract directly with the owner. But owners often rent a large area of property to the second landlord in order to save trouble. Therefore, in the face of high-cost leasing such as shops and office buildings, we must know more about legal knowledge in advance, or ask a lawyer to check the contract and process.

what should I pay attention to before renting?

11 Before signing a contract with the second landlord, look at his sublease right. Our team has written about this before. Let's review the knowledge points: the lease contract signed between the owners' association and the second landlord (hereinafter collectively referred to as the "basic contract") generally stipulates that the second landlord has the right to sublet the house. If the tenant finds that the lessor is the second landlord rather than the owner when checking the property right certificate, he must check whether the Basic Contract between the owner and the second landlord clearly stipulates the subletting behavior.

12 check the lease term signed by the owner and the second landlord. Our team has written about this before. Let's review the knowledge points: the lease contract signed between the owners' association and the second landlord (hereinafter collectively referred to as the "basic contract") generally stipulates that the second landlord has the right to sublet the house. If the tenant finds that the lessor is the second landlord rather than the owner when checking the property right certificate, he must check whether the Basic Contract between the owner and the second landlord clearly stipulates the subletting behavior.

13 ask about the property regulations in advance. Some shops clearly stipulate that certain industries or certain behaviors cannot be done. For example, in some subways and merchants at the bottom of residential quarters, it is stipulated that open fire catering is not allowed. Therefore, before renting a house, the lessee can ask the landlord whether the industry he operates is restricted. If the landlord is not very clear, he can consult the property or the industrial and commercial bureau.

14 strive for the priority to renew the lease. Under normal circumstances, if the business is good for 2-5 years, the merchant will renew the lease with a high probability, so the priority right to renew the lease can be indicated in the contract, and if there is an increase in rent, it is also necessary to write clearly in black and white what the annual increase in rent of the store is.

in case of disputes, what aspects can the lessee protect his rights?

11 if there is a dispute between the second landlord and the tenant, the tenant should communicate with the landlord first. If the sublease is authorized by the owner and does not exceed the lease term of the Basic Contract, the owner shall continue to perform the contract, and the losses caused to the owner shall claim compensation from the second landlord.

I would like to remind you that if you find the owner and find that the second landlord has not obtained the sublease right allowed by the owner, and has disappeared, it is not effective to negotiate with the owner at this time (the contract signed by the tenant is invalid without the owner's authorization or if the lease term of the original contract has expired), you should call the police in time to recover from the second landlord. The law refers to Article 716 of the Civil Code of the People's Republic of China. With the consent of the lessor, the lessee may sublet the leased property to a third party.

if the lessee sublets, the lease contract between the lessee and the lessor will remain valid: if a third party causes losses to the leased property, the lessee shall compensate for the losses. If the lessee sublets without the consent of the lessor, the lessor may terminate the contract.

12 can the owner stop water and power at will? If the Basic Contract/Tenant's lease contract does not clearly stipulate that the landlord can stop the use of water and electricity when the second landlord/tenant is in arrears with the rent, then the owner has no right to stop the water and electricity supply. If the tenant suffers losses due to the water and electricity supply stoppage, the tenant may ask the owner to bear the liability for compensation.