What procedures should I go through with the landlord to rent a storefront, and what should I pay attention to?

To rent a store, you only need to sign a lease contract with the owner of the household. A shop lease contract generally includes the following aspects: the name, title and address of the parties; the location, address, area, decoration and facilities condition of the house, the purpose of the lease; the lease term; the rent and delivery method; the condition of the house and repair responsibilities; Some agreements on subletting; terms on contract modification and termination, liability for breach of contract, and other agreed terms, etc.

The main points that need attention are the following:

1. Investigation files

Before renting a shop, you should go to the real estate trading center where the shop is located to conduct a property rights inspection Investigate and confirm the following important information:

1. The purpose of the house and land use must be to ensure that the type of house is commercial and the land use is non-residential before it can be rented as a shop. Otherwise, You will face the risk of being unable to obtain a business license and illegally using the house.

2. The owner of the house rights to ensure that the contract is signed with the owner of the house rights or other rights holders.

3. Does the house already have rental registration information? If there is already rental registration information, the new rental contract will not be able to be registered, resulting in a new rental relationship that cannot be used against a third party. It affects the smooth application of a business license by the new lessee.

2. Rent-free decoration period

In shop leasing, the rent-free decoration period often appears in the contract, mainly because the lessee needs to decorate the house after handing over the house. The lessor agrees not to charge the lessee for the renovation period if it is actually not possible to work or do business. However, the "rent-free decoration period" is not a concept clearly stipulated by law. Therefore, when signing a lease contract, it is necessary to clearly agree on the start and end time of the rent-free decoration period and the specific fees to be exempted from payment. Under normal circumstances, only the rent is exempted, and there are no consequences for the actual use of the house. Water bills, electricity bills, etc. must also be borne according to the contract.

3. Lease security deposit

Commonly known as "deposit", it is mainly used to offset the expenses that the lessee should bear but has not paid. Because electricity bills, telephone bills, and other charges for shops are relatively high, it is recommended that the deposit should be appropriately high to avoid not being able to cover the above expenses. In addition, special attention should be paid to the fact that the lessee continues to delay payment during the leasing process. What should I do if the relevant expenses and the deposit are not enough to be deducted? The contract should stipulate a plan for making up the "deposit", that is, every time the lessor uses the "deposit" to deduct the relevant expenses, the lessee should make up the payment within a reasonable period of time. "Deposit", if it is replenished within a certain period of time after being notified by the lessor, the lessor can unilaterally terminate the contract and hold the lessee responsible for the corresponding breach of contract. If there is such a stipulation in the contract, the tenant's "lazy" behavior can be effectively rectified.

4. Taxes and fees

In accordance with laws, regulations, rules and other normative documents, when renting or subletting a shop, the lessor or sublessor shall bear the following taxes and fees :

1. Rental:

Business tax and additional rent*5.55

Real estate tax and rent*12

Personal income tax*20 (The income is the rent minus maintenance costs, and the maintenance costs shall not exceed 800 yuan each time)

Stamp tax rent (total amount) 0.1 (paid in one lump sum when paying tax for the first time, based on the total rent during the lease period Calculated. )

Land use tax is levied per square meter of house lot, and the actual collection by the collection agency shall prevail.

2. Sublease:

Business tax and additional sublease income*5.55

Stamp duty Stamp duty sublease rent (total) 0.1

In practice, the payment of shop rental taxes and fees is quite diverse. The above standards are only statutory collection standards. Different regions may have different collection methods. For details, you can consult the staff of the actual collection outlet before signing a shop contract.

Although the above-mentioned tax payer is the lessor or sublessee, the lease contract can stipulate the person responsible for the specific tax amount. At this time, both the lessor and the lessee should be clear about the terms of the store lease. If the tax amount is relatively high, you should carefully consider the increased costs of long-term tax adjustments before agreeing on the specific bearer. Do not be fooled by the short-term lower tax rates of some collection outlets.

Important contents to pay attention to when signing a contract

5. Business license

The purpose of renting a shop is to carry out commercial activities, and commercial business activities are the first priority The condition is that a business license must be obtained legally. Therefore, when signing a store lease contract, many clauses must be set around the application of the business license, mainly involving the following aspects:

1. Original lease registration The information has not been canceled, resulting in the inability to apply for lease registration for the new lease contract, resulting in the inability to apply for a business license in time;

2. A business license has been originally registered on the store, but the business registration information has not been canceled or migrated. As a result, it is impossible to register a new business license for the same store;

3. The type of house is not a commercial building, so commercial business activities cannot be carried out, resulting in the inability to register a business license;

4. Those involved in special business industries (entertainment, catering, etc.) must also pass inspections by public security, fire protection, health, environment and other departments, and obtain public security licenses, health licenses and other documents before they can obtain a business license;

5. The business license cannot be registered due to lack of lessor materials.

For the situations mentioned in Articles 1, 2, 3 and 5 above, the lessor’s obligations can be set in the contract and a reasonable grace period is given to the lessor. If the obstruction cannot be removed after a certain period, the lessor shall bear the liability. Corresponding liability for breach of contract; the situation in Article 4 above can be set as a non-liability termination situation to ensure that the lessee can terminate the contract without liability in the event that the lessee cannot obtain a business license.

6. Disposal of decoration

In shop leasing, it is often necessary to spend a large amount of money for shop decoration. In order to ensure that the decoration can proceed smoothly and to protect the interests of the decoration, it should be included in the contract Pay attention to a few issues:

1. Clearly agree on whether the lessor agrees with the lessee to decorate the shop, and whether the decoration drawings or plans require the lessor’s consent. If there are special modifications or constructions, it should be Clearly agree on the location of advertisements and store signage.

2. When rescinding the contract, the liability for breach of contract should not only be considered as liquidated damages, because liquidated damages are often agreed to be equivalent to the deposit, which is not high and often less than the lessee’s decoration losses. Therefore, it should be stipulated here In this case, in addition to liquidated damages, the lessor also needs to bear the cost of renovation losses suffered by the lessee.

3. Clarify the disposal method of decoration and additions when the lease expires.

7. Water, electricity, telephone lines, etc.

Due to the particularity of store operations, there may be special needs for water, electricity, and telephone lines. The supply of these public resources It will be affected by various factors. It is recommended that before renting a store, you should first check whether it meets the usage requirements. If not, determine how to handle expansion or increment, as well as the fees required for expansion or increment, and specify them in the contract. The lessee has the right to terminate the contract without exemption if the relevant content is agreed upon and the normal needs cannot be met.

Concerns after signing the contract

8. Lease registration

The registration and filing of the lease contract is in the nature of contract filing. The effect of this registration mainly includes the following contents :

1. Whether it is registered or not does not affect the validity of the contract itself. Even if there is no registration, etc., the contract will still take effect when the conditions for validity are met;

2. Registered cases , has legal effect against third parties. For example, if a lessor rents a house to two lessees, and one of the contracts has been registered for lease and the other has not been registered for lease, then the house should be leased to the lessee who has registered for lease. The lessor shall be liable for breach of contract by the lessee who has not registered the lease.

Therefore, it is recommended to go to the real estate trading center where the shop is located to apply for lease registration in a timely manner. In addition, most industrial and commercial departments require the lease contract to be registered through leasing filing when applying for a business license.

9. Subleasing problem

In the shopping mall market, we often encounter many "second landlords" and "third landlords" situations, among which there is the problem of subletting. The commonly known "sublease" actually covers the two change methods "sublease" and "lease transfer" stipulated by law. According to the law, "sublease" means that the lease relationship is not terminated and the lease relationship is established here. , and "transfer of lease rights" refers to the initial lease relationship, where the new lessee directly replaces the original lessee to establish a lease relationship with the lessor (owner). In these two forms, you need to pay attention to the following issues:

1. Subletting must obtain the written consent of the lessor. Similarly, in the transfer of lease rights, the cancellation of the original lease contract and the resumption of the lease contract also require the consent of the lessor. Lessor agrees.

2. The original lessee often claims a compensation fee from the new lessee, mainly to compensate for decoration losses, etc. This fee is not a legal fee that the lessee should bear, but it is not explicitly prohibited by law. Therefore, As long as both parties negotiate and agree at the time, they will also be protected by law. It is recommended that when paying this fee, the lessee should consider paying it in batches in conjunction with subletting or transferring the lease right, so as to reduce financial risks, and consider returning or canceling the fee if the business license is successfully processed. situation.

10. Sales and Leasing

Many lessees often worry about what will happen if the owner sells the store after leasing it. In fact, the lessee does not need to worry about this risk at all, because the law does not The lessee is given two special protections:

1. When the lessor sells, the lessee enjoys the right of first refusal under the same conditions, that is, if the lessee claims under the same conditions as other purchasers, If the owner purchases the store, the owner must sell the store to the lessee, thereby protecting the lessee's use interests.

2. Even if the lessee does not want to buy the leased store, after the owner sells the store, the new owner should also perform the lease contract. Otherwise, the new owner should bear the liability for breach of contract in the lease contract.

Other notes

Before renting a shop, you need to understand the business plan and relevant policies of the shop. If the business type that the lessee will operate does not comply with the relevant business plans and relevant policies, For example, renting a house that cannot be used for catering industry and preparing to open a hotel will inevitably lead to losses of human and financial resources. Under circumstances that cannot be determined, the lessee can specifically stipulate relevant matters in the lease contract as conditions for termination, so as to avoid unnecessary liability for breach of contract.