Does the sublease contract need the landlord's signature?
Does the sublease contract need the landlord's signature? The sublease contract does not necessarily require the signature of the landlord. If the house lease contract signed with the landlord has clearly stipulated that the house can be subletted unilaterally, it is not necessary to obtain the consent of the landlord and notify the landlord. If it is agreed with the landlord that the sublease of the house needs the written confirmation of the landlord, it needs the signature of the landlord; Otherwise, as long as there is evidence that the landlord agrees to sublet. With regard to the supplementary law on sublease in lease, China's Civil Code (202 1. 1 comes into effect) only stipulates in Article 7 16: "The lessee may sublease the leased property to a third party with the consent of the lessor. If the lessee sublets, the lease contract between the lessee and the lessor shall remain valid, and 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. " This article only stipulates that the sublease contract with the consent of the lessor is valid, but does not stipulate whether the sublease contract without the consent of the lessor is valid. Whether the sublease contract is valid or not depends on the specific circumstances. If the original lease contract does not explicitly stipulate subletting, in this case, the lessee sublets without authorization. Under the condition of not harming the interests of the lessor, according to the principle of freedom of contract and the principle of relativity of contract, the self-subletting relationship is only the relationship between the lessee and the sublessor, and the contract is established and takes effect when both parties reach an agreement. If the original lease contract clearly stipulates that the lessee shall not sublease without the consent of the lessor, at this time, the lessee subleases by himself, which violates the principle of good faith and is malicious and belongs to breach of contract. At this time, the sublease contract is invalid, and the lessor can exercise the right to terminate the contract and recover the leased property. For bona fide sublessors, they can claim damages from the lessee according to the provisions on the treatment of invalid contracts. Sublease refers to the lessee's behavior of subletting part or all of the leased house during the lease period, including delivering the leased house to others for use in the name of joint venture, contracted operation and cooperative operation, and obtaining the guaranteed income of rent nature, which are all subleases. To sum up, although the tenant indicated that he had the relative right to use the landlord's house within the specified time after paying the rent, the tenant's rights were always limited to the original contract and consensus matters with the landlord. Therefore, if the tenant wants to sublet without reaching an agreement with the landlord, he must get the landlord's consent and sign it.