Q: The lessee sublets the house without the lessor’s consent, and the lessor proposes to terminate the contract. What should the lessee do?

Answer: Juntong Legal Online Consulting will give you the answer

If the lessee subleases without authorization, the lessor cannot terminate the sublease contract. According to the law, if the lessee sublease without authorization, the lessor can terminate the lease contract with the lessee. This is due to the relative nature of the contract. The lessee cannot terminate the sublease contract signed by the lessee and a third party. However, You can ask the court to confirm that the sublease contract is invalid.

House subletting refers to the behavior of a house lessee re-renting the rented house. Article 27 of the "Urban House Leasing Management Measures" of the Ministry of Construction stipulates that during the lease period, the lessee may, with the consent of the lessor, sublet part or all of the leased house to others, and the lessor may obtain income from the sublease. . Subletting a house must meet certain conditions:

(1) To sublease a house, a sublease contract must be entered into.

(2) The sublease contract must be approved in writing by the original lessor. Although the lease contract signed by the leasing parties is generally required to have a sublease clause, regardless of whether there is a sublease clause, the lessee must obtain the written consent of the original lessor, otherwise the sublease contract will be invalid.

(3) The sublease contract is incidental and its stipulations cannot exceed the binding conditions stipulated in the original lease contract. First of all, the termination date of the sublease contract shall not exceed the termination date stipulated in the original lease contract, unless the lessor and the sublease parties negotiate and agree. Secondly, after the sublease contract takes effect, the sublessee shall enjoy and assume the rights and obligations of the lessor stipulated in the sublease contract, and shall perform the obligations of the lessee stipulated in the original lease contract. Moreover, during the sublease period, if the original lease contract is changed, canceled or terminated, the sublease contract will also be changed, canceled or terminated accordingly.

The main restriction on subletting is that the sublease contract must be approved in writing by the original lessor. So why is there such a restriction on house subletting? The fundamental reason is that the power and nature of the lease right are not legally clear. If it is clear that the existence of the right to sublease is a fixed and definite right, restricting sublease will not have much practical significance. First of all, the lessor's purpose is to obtain income from leasing the property, which is a way of operating the property. It is said to be operating because if there is no economic benefit, it is lending rather than renting. It can be seen that the lessor takes property income as the starting point and ultimate goal, and restricting subletting seems to be counterproductive: because the lessee also has the inevitable tendency to maximize the benefits of using the property, the premise of subletting is that the leased property is under sublease. You can get greater benefits later. If there are too many restrictions, the incentive to sublease will be weakened. On the one hand, the property will not be optimally utilized after subletting; on the other hand, the original lessor will not be able to obtain favorable rent guarantees.