1. Validity of the house lease contract

1. How to determine the validity of the lease contract concluded by the parties on the premises without ownership? If one of the parties requests to confirm that the house lease contract is invalid on the ground that the lessor has no ownership of the leased house at the time of signing the lease contract, it shall not be supported.

2. How to determine the validity of the rental contract concluded by the parties on the policy protection housing such as affordable housing? If one of the parties requests to confirm the invalidity of the house lease contract on the grounds that the leased house is an affordable house or a commodity house with a limited price, it shall not be supported. In the judgment document, it shall be stated that the court's determination of the validity of the lease contract shall not affect the handling by the competent administrative authority of the illegal acts in violation of the provisions of administrative administration.

3. How to determine the validity of the lease contract concluded by the parties on the houses that have not been completed or passed the fire inspection? If one of the parties requests to confirm the invalidation of the house lease contract on the grounds that the leased house has not completed the project or the acceptance of fire control, or fails to pass the experience, it shall not be supported. If the leased house does not meet the conditions for use because the lessor has not completed the project or passed the fire inspection, and the lessee requests to terminate the lease contract in accordance with Article 8 (3) of the Interpretation of the Supreme People's Court on Several Issues concerning the Specific Application of Law in the Trial of Urban Housing Lease Contract Disputes (hereinafter referred to as the Interpretation), it shall be supported.

4. How to determine the validity of lease contracts involving "group rent" houses? If one of the parties requests to confirm the invalidity of the house lease contract on the grounds that the leased house is a "group rented" house, it shall not be supported. In the judgment document, it shall be stated that the court's determination of the validity of the lease contract shall not affect the handling by the competent administrative authority of the illegal acts in violation of the provisions of administrative administration.

5. How to determine the validity of collective land lease contract? Where the parties conclude a collective land lease contract without lawful examination and approval and stipulate that collectively-owned land will be leased for non-agricultural construction, the lease contract shall be invalid. However, if a lease contract leases rural collective construction land, the lease contract may be deemed valid.

2. Commercial housing rental

6, engaged in business activities of the lessee on the grounds that there are administrative restrictions on the rental house, which makes it unable to apply for a business license, requests to terminate the lease contract, how to deal with? In practice, the following cases should be distinguished: (1) Due to administrative restrictions on the use of the leased house, the lessee is unable to apply for a business license on the premises and the purpose of the lease contract cannot be realized, and the lessee claims to terminate the lease contract in accordance with the provisions of Article 94 (4) of the Contract Law of the People's Republic of China (hereinafter referred to as the Contract Law) and requires the lessor to bear the liability for breach of contract, Should be supported. However, the lessee uses the premises in violation of the purpose agreed in the contract, or the lessee knew or should have known at the time of signing the contract that the aforesaid restrictions exist in the leased premises. (2) Although there are administrative restrictions on the use of the leased house, but the lessee can not use the house as a place of business license for reasons not attributable to the parties, resulting in the purpose of the lease contract cannot be achieved, one of the parties to terminate the lease contract, should be supported. The rent incurred during the duration of the lease contract may be reduced or reduced according to factors such as whether the lessee actually uses the leased premises, whether the defects of the leased premises affect the actual operation of the lessee, whether the purpose of the lease contract is realized, and the degree of fault of the parties concerned.

7. If the lessee engaged in business activities requests to terminate the lease contract on the grounds that the lessor has not assisted it in handling the business license, how to deal with it? Where there is no administrative restriction on the use of the leased house that the business license cannot be applied for, the lessor delays in performing the obligation to assist the lessee in applying for the business license on the premises of the leased house, fails to perform within a reasonable time after being urged to do so, and the lessee requests for rescinding the lease contract in accordance with Article 94 (3) of the Contract Law, support shall be given. Except as otherwise agreed in the contract or according to the purpose of the leased premises or the purpose of signing the contract, it can be determined that the lessor does not have this obligation of assistance.

8, the lessee on the grounds that the leased house area does not meet the agreement, claims to refuse to pay, reduce the rent, how to deal with? In practice, the following cases should be distinguished: (1) The leased house is a specific house recognized by both parties, the rent standard stipulated in the contract is a fixed amount, the lessor delivers the specific house according to the contract, the lessee has not raised objections within a reasonable period, and the lessee claims to refuse to pay or reduce the rent on the grounds that the contract area does not match the actual area, shall not be supported. However, the lease contract is not subject to the circumstances of cancellation provided for in Article 54 of the Contract Law. (2) The specific scope of the leased house needs to be determined according to the area agreed in the contract, and the rental amount is directly related to the leased area, and the lessee requires the lessor to bear the liability for breach of contract such as reducing the corresponding rent according to the provisions of Article 111 of the Contract Law.

9. After the conclusion of the lease contract, if the lessee sets up an enterprise with the leased house as the business site and actually uses the house, how to deal with the dispute? After the lessee concludes the lease contract, the leased house is used as the business site to establish an enterprise (or individual industrial and commercial households) to actually use the house, due to the performance of the lease contract disputes, in principle should be based on the relativity of the contract to determine the subject of litigation. Where the lessor brings a lawsuit against the lessee and the enterprise actually using the building as a co-defendant, requiring both to bear joint liability for the debts arising from the lease contract, it is generally not supported, except where there is evidence that the enterprise constitutes a debt to the contract debts owed by the lessee. Where an enterprise that actually uses the premises agrees to assume contractual debts such as rent owed by the lessee, or actually performs its obligations under the lease contract such as paying rent in its own name or checking and settling debts with the lessor, it may be deemed to have entered into the aforesaid debts. Where the lessee, as the originator, sets up the rental house for the company and meets the circumstances stipulated in Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of the People's Republic of China (III), the provisions shall have priority.

10. How to deal with disputes over lease contracts? The lessor leases the house and the business license of the enterprise (or individual industrial and commercial households) with the house as the business site to the lessee, agreeing that the lessee will actually operate in the leased house with the business license. The contract includes two parts: affiliated operation and house leasing. If the parties claim that the lease contract is invalid, it is generally not supported. However, if the industry actually operated by the lessee belongs to the industry restricted by the state, franchise or special qualification, the contract shall be deemed invalid. In the judgment document, it shall be stated that the court's determination of the validity of the lease contract shall not affect the handling by the competent administrative authority of the illegal acts in violation of the provisions of administrative administration. If the lease contract cannot continue to be performed because the lessee's licensed operation is illegal, and one of the parties requests to terminate the contract accordingly, support may be given. Where the lessee requests a reduction in rent, it may be determined based on factors such as whether the lessee occupies the building to engage in actual business operations, the impact on the lessee's actual business operations, and the degree of fault of the parties concerned. If a contract stipulates that the parties shall hand over the business license of the enterprise and the premises used as the business site to the other party, and at the same time hand over the management rights, assets or employees of the enterprise to the other party for management and collect corresponding fees, the contract shall be deemed as a contract of contract in nature.

11. Does the lessor have the right to power off (water, gas) and other acts on the grounds that the lessee has defaulted on the rent? Should the lessee pay the rent during this period? In the course of the performance of the house lease contract, if the lessee engaged in business activities fails to pay the rent in accordance with the contract within a reasonable period of time after being urged by the lessor and informed in advance that he will cut off electricity (water, gas) or other acts, the lessor's taking such acts shall be an act of exercising the right of defense for the performance of the contract, except as otherwise agreed in the contract. The lessee shall pay the rent for the period of power failure (water, gas). The lessor's actions such as power failure (water or gas) shall affect the performance of the contract in accordance with the amount, proportion and degree of fault of the lessee in arrears of rent. If the lessor causes losses to the lessee in excess of the necessary limits, it shall be liable for breach of contract such as compensation for losses.

12, the house lease contract if the demolition contract is cancelled, when the parties have the right to terminate the contract? In the course of the performance of the house lease contract, the demolisher obtains the house demolition permit or other legal examination and approval procedures, and issues the demolition announcement, and the parties shall support the cancellation of the lease contract.

13, the parties to the house lease contract dispute on the distribution of compensation for suspension of business losses, how to deal with? During the performance of the house lease contract, demolition is cancelled, and the parties have disputes on the distribution of compensation for production and business suspension losses. If the contract has agreed on this, it shall be handled according to the agreement. If the contract has not agreed or the agreement is unclear, the following cases shall be dealt with: (1) Where the lessee (or sub-lessee) has applied for a business license with the demolished house as the business site, and actually operates here, and requires the lessor to pay the compensation for the loss of production and business closure determined in the relocation compensation agreement, it should generally be supported. If the lessor uses the demolished house as its business site and also applies for a business license, the compensation for the loss of production and business suspension may be reasonably distributed between the lessor and the lessee (or sub-lessee). (2) In cases where the nature of the building is lease and the remaining term of the lease contract is short, the compensation for the loss of production and closure can be reasonably distributed between the lessee (or sub-lessee) and the lessor, but the amount shared by the lessor should not exceed 50%. (3) There is evidence to prove that the relocation compensation agreement does not compensate for the loss of production and business suspension, or the compensation agreement has not been signed, the lessor has not obtained the compensation fee, and the lessee requires the lessor to pay compensation for the loss of production and business suspension, shall not support. The lessee can wait for the lessor to obtain compensation before claiming rights or through other administrative channels. (4) The lease contract has expired at the time of the announcement of house demolition and removal, and the lessee requests the lessor to pay compensation for the loss of production and business suspension, shall not be supported. (5) After the demolition announcement is published, before the actual demolition of the house is withdrawn, the lease contract expires, and the lessor has obtained compensation for the loss of production and business suspension, and the lessee requires the lessor to pay the compensation, it can be supported as appropriate. Where the parties have disputes over the object, standard and amount of compensation for the loss of production and business closure in the agreement on compensation and resettlement, the court may, when necessary, consult the demolishing-removing person to determine the relevant facts.

Three, the house decoration loss

14. If the lessor does not object to the lessee's decoration or expansion, how to identify it? Where it is stipulated in the lease contract that the lessee shall obtain the consent of the lessor for the decoration, renovation or expansion of the leased building, and the lessor knows or should have known that the lessee is carrying out the decoration, renovation or expansion of the leased building, but does not raise objections within a reasonable period of time (generally six months), or continues to perform the contract or accept the lessee's performance of obligations after raising objections within a reasonable period of time, It can be deemed that the lessor agrees to the decoration or expansion, or waives the right to raise further objections. 15, the house lease contract is invalid or rescinded, the lessee does not ask for compensation for decoration losses, how to deal with? The house lease contract is invalid or not due to the unilateral breach of the lessee led to the cancellation, the court should clarify that the lessee can decorate the present value or residual value of the loss of compensation, the lessee insists on not claiming or only put forward a defense, the decoration loss, the court will not deal with, inform the lessee can Sue separately. Where the court orders the lessee to vacate the premises, it shall be informed that it may apply for the necessary evidence preservation measures for the decoration. 16, the court in accordance with the authority to determine that the house lease contract is invalid, the consequences of the contract, including vacating the house, decoration loss, etc., will be dealt with together? If the parties have a dispute over the performance or termination of the house lease contract and the lease contract is found invalid after examination, the court shall clarify the parties' request for modification of the lawsuit and try its best to guide the parties to deal with the legal consequences of the invalidation of the contract. If the parties insist on not modifying the contract, the court shall make a judgment to confirm the invalidation of the lease contract and reject all the claims of the parties. At the same time, the parties are informed that they can make separate claims on disputes such as house withdrawal and decoration losses.

4. House leasing and subleasing

17. If the house lease contract is invalid, the performance period expires or is terminated, and the lessor requires the return of the house, how to determine the litigation status of the sub-lessee?

The house lease contract is invalid, the performance period expires or rescinded, the sublease contract can not be performed, the lessor can either require the lessee to return the house according to the contract, or the house property owner in the name of the second lessee (the lessee who actually uses the house) to vacate the house. Where the lessor brings a lawsuit against the lessee only as the defendant, the court may explain to the lessor that it may add the second lessee as a co-defendant, or apply to notify the second lessee to participate in the lawsuit as a third party without independent claims. The court may also, based on the execution after the judgment takes effect and the need to protect the interests of the sub-lessee, directly notify the sub-lessee to participate in the lawsuit as a third party without independent claims. If the second lessee is a number of people, and the interests of the parties are different, it is not appropriate to add the second lessee as a third party, according to the actual situation of the case, by the parties separately resolved.

In the invalidation of the house lease contract, expiration of the performance period or dissolution of the dispute, the sub-lessee requires the lessee or lessor of the lease contract to compensate for the decoration loss or bear the liability for breach of contract, and the lease contract dispute is not the same legal relationship, does not constitute a counterclaim, shall inform the sub-lessee can Sue separately. Where the court orders the sub-lessee to vacate the premises, it shall inform the sub-lessee that it may apply for the necessary evidence preservation measures for the decoration.

18, after the house sublease contract is terminated, the second lessee requires the lessor to compensate for the loss of decoration, how to deal with it?

If the sublease contract is rescinded due to the invalidation of the house lease contract, expiration of the performance period or rescission, and the sub-lessee requests the lessor to compensate for the decoration losses, the sub-lessee shall not support it, and the sub-lessee shall claim rights against the lessee in accordance with the relativity of the contract, or deal with the subrogation in accordance with the provisions of Article 73 of the Contract Law.

19, After the house lease contract is invalid, the performance period expires or rescinded, the lessor requires the lessee and the sub-lessee to pay the overdue housing use fee, how to deal with it?

After the house lease contract is invalid or the performance period expires or rescinded, if the lessee and the sub-lessee vacate the premises late, causing losses to the lessor, the lessor requires the lessee and sub-lessee to jointly pay the house use fee for the overdue vacation, it shall be supported. The house use fee may be determined at the request of the lessor with reference to the lease contract, the sublease contract or the rent standard of the house in the same lot at the time and place.

20. How to deal with the invalidity of a first-hand lease contract, expiration or termination of the performance period, and the parties' request for the return of the house?

The house has been sublet for many times, the parties have a dispute on one of the first-hand lease contracts, the review finds that the lease contract is invalid, the performance period expires or is terminated, and the lessor of the contract requires the return of the house, generally do not need to add other parties to the lease contract to participate in the lawsuit, can be based on the relativity of the contract judgment the lessee directly return the house to the lessor.

21. Is it unjust enrichment for the lessee to obtain the difference profit by subletting without authorization?

Where the lessee sublets the leased house without the consent of the lessor and the lessor, upon rescinding the house lease contract, requires the lessee to return part of the income collected from the sub-lessee in excess of the rent receivable by the lessor, it shall not be supported.

22, how to exercise the right of compensation in the dispute over the termination of the house lease contract?

Where the lessor claims to terminate the house lease contract on the grounds that the lessee owes rent, and the sub-lessee claims to perform the lease contract debt to the lessor on behalf of the lessee in accordance with the provisions of the first paragraph of Article 17 of the Interpretation, he may participate in the lawsuit as a third party without independent claims, and the court shall request the lessor according to the specific circumstances of the case