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Is the rent-free period included in the lease term?
Rent-free period is a rent-free period. According to relevant laws and regulations, a lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent. The lease term shall not exceed twenty years. More than twenty years, the excess is invalid.
Whether the overdue deposit for house lease will not be refunded is stipulated by law as follows:
1. This is a lease contract dispute and can be negotiated.
2. If the lessee fails to terminate the lease contract or withdraw the lease in advance according to the contract performance period, it is a breach of contract;
3. Whether the deposit can be refunded or not depends on how the lease contract stipulates the liability for breach of contract. If it is agreed that the deposit will not be refunded in case of breach of contract, the landlord has the right not to refund the deposit;
4. If there is no liability for breach of contract in the contract, the deposit shall be refunded.
The rent reduction process of public houses is as follows:
1, get to the bottom. Carefully control the rent reduction policy and implementation details to determine the list of tenants who meet the rent reduction policy. Further clarify whether the lessee in the lessee list is the actual operating lessee, find out the basic situation and links of the lessee in the lease chain, and form two lists of the lessee and the actual lessee. The list includes but is not limited to the lessee, property address, property unit, industry, enterprise type, lease time, sublease situation, reduction time, reduction amount, etc.
2. Policy notice. Through announcements, telephone contact, e-mail notification, network communication and other means, widely publicize the tax reduction and exemption policy and create a good atmosphere. According to the investigation, take the initiative to contact the eligible lessee point-to-point, and inform them that they should know everything; If there is a sublease, you should contact and inform the actual tenant. The contents of the notification include but are not limited to the scope of relief, relief standards, handling procedures, accepting contacts and contact information, accepting time, application text, materials to be submitted, dispute handling methods, etc. After performing the notification procedure, notice registration shall be formed. At the same time, when necessary, special counseling will be provided to the actual tenants to help them complete rent reduction and exemption.
3. Accept the application. The lessee shall generally submit a written application for fund reduction and exemption, and the application materials shall generally include the business license, the certificate of small and micro enterprises (the results of "directory inquiry of small and micro enterprises" on the website of the General Administration of Market Supervision, and the tax return form, etc. ) and the commitment letter of the actual tenant. Acceptance of audit work should adhere to the principle of convenience. If it is impossible to apply for offline audit due to epidemic prevention and control, remote acceptance audit can be conducted by online platform declaration and letter declaration. Upon examination, if the materials are incomplete, it is necessary to inform the applicant in time and complete them.
4. Review and approval. Adhere to efficient, standardized and orderly examination and approval, optimize the examination and approval process, and perform relevant decision-making and approval procedures. If an administrative institution rents a house, the rental unit shall, after accepting the lessee's application, report it to the competent department for examination and approval; If the rental unit itself is the competent department, it shall obtain the consent of the rental unit itself and keep the necessary files for future reference. If a state-owned enterprise rents a house, the rental enterprise shall accept the lessee's application and approve it, and report it to the organizer, competent department or enterprise group for the record. If the examination and approval fails because it does not meet the conditions for rent reduction, it shall promptly inform the applicant of the reasons and make an explanation; If the supplementary materials and relevant certificates can meet the conditions for rent reduction, the applicant shall be informed of the supplementary materials in time and re-examined.
5. Result feedback. After the application for rent reduction and exemption is approved, the applicant shall be informed in writing in time, and the procedures for rent reduction and exemption shall be handled. In case of direct cash return, the identity and bank account number of the other party shall be confirmed, and the confirmation materials that the applicant has received relief funds shall be obtained; Take the form of extension or rent-free. , and sign a supplementary agreement in time according to the specific situation. In the case of subletting, the lessor may sign a waiver agreement with the sublessor and the actual operating lessee, in which it is stipulated that the sublessor will fully waive the rent to the actual operating lessee. For the lessee who does not meet the conditions for assistance, it is necessary to inform the reasons in time and do a good job in communication and explanation.
6. Statistical submission. Check item by item, register the rent reduction and exemption in time, ensure that the relevant information is true, complete and accurate, and form a rent reduction and exemption account. Fill in the rent reduction form as required, and regularly submit the implementation of the rent reduction policy.
To sum up, how long the lease contract is rent-free is determined by the lessor and the lessee through consultation, and it is agreed in the lease contract after consultation.
Legal basis:
Article 703 of the Civil Code of People's Republic of China (PRC)
A lease contract is a contract in which the lessor delivers the lease item to the lessee for use and income, and the lessee pays the rent.
Article 704
The contents of the lease contract generally include terms such as name, quantity, purpose, lease term, rent and its payment term and method, lease maintenance, etc.
Article 705
The lease term shall not exceed twenty years. More than twenty years, the excess is invalid.
At the expiration of the lease term, the parties may renew the lease contract; However, the agreed lease term shall not exceed twenty years from the date of renewal.
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