Main points of commercial leasing risk! Revocation of invalid lease

Don't void a commercial lease if you sign it.

The economy is not good, but also hit by epidemic factors, and business is getting worse and worse. However, there are still some small partners who are unwilling to start a business flat. To solve the problem of starting a business, we need to sign a commercial lease first.

Whether renting office buildings, street shops, commercial and residential units, shopping malls, or industrial plants, you should clearly understand the designated use of the rented property. Let's look at the risk of invalid lease first. The lease contract concluded between the lessor and the lessee is invalid for the house that has not obtained the construction project planning permit or has not been built in accordance with the provisions of the construction project planning permit.

The lease contract concluded between the lessor and the lessee for the temporary building that has not been approved or built according to the approved content is invalid. If the lease term exceeds the service life of the temporary building, the excess will be invalid.

See Judicial Interpretation: Articles 2 and 3 of the Supreme People's Court Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Urban Housing Lease Contracts (revised in 65438 on February 23rd, 2020).

Therefore, when signing a commercial lease contract, you should carefully read the certificate of immovable property rights and the details recorded in the certificate.

Every detail needs to be checked. Considering the trading habits, the lessee may not be able to get the relevant documents of the lessor smoothly, but for the relatively basic and available real estate license, it is still necessary to read it carefully and pay attention to matching the description in the lease contract.

In case 1, the lessor signed a lease contract with the lessee, and then a dispute arose. The court held that a considerable part of the property leased by the lessee was civil air defense works, and the rest were garages. Therefore, the lessor will not rent out civil air defense projects and underground garages that do not have business conditions, which has major fire safety hazards and harms public interests. Therefore, the contract signed by both parties shall be deemed invalid according to law.

In case 2, when leasing, the lessor and lessee have reached an agreement on rent and lease term. However, during the performance of the contract, the two sides had a dispute over the compensation for decoration. After the lawsuit, the court first examines the validity of the contract.

After investigation, it is found that the lessor knows that the land involved is industrial land, and the house on the land can only be used as a warehouse after being approved according to government regulations, but still rents the house to the lessee for commercial operation, so the actual use is inconsistent with the land use registered by the land ownership.

The court held that the two parties to the contract signed a house lease contract to change the house on the industrial land into commercial use, which was inconsistent with the land use registered by the land ownership and violated the mandatory provisions of administrative regulations, and the contract should be invalid.

Case 3 is located in the residential area of * * Road, Luohu District, Shenzhen. The property is residential in nature, with a construction area of 156.72 m2. * Building * is divided into several properties for rent, one of which is rented by the lessor He Mou to the lessee Wang Mou.

After the two parties involved in the lawsuit, regarding the validity of the contract, Shenzhen Intermediate People's Court held that the property involved had passed the planning acceptance, and He changed the original plan after transforming the property involved into a 1 1 house. He should apply for another change plan for the reconstruction behavior and obtain the consent of relevant departments. In the first and second trials, it did not submit the relevant documents to change the original planning of the real estate involved with the consent of the planning department.

Therefore, our court decided that the property involved was not built in accordance with the construction project planning permit, and the property lease contract signed between He and Wang should be invalid.

Refine the key words of the above three situations, "inconsistent with the land use registered by land ownership"; "There are major fire safety hazards that harm the public interest"; "Not in accordance with the construction project planning permit for construction". Then, under the above circumstances, the contract is likely to be invalidated by the court; Invalid legal consequences are the return of property, discount compensation and compensation for losses. At least, in terms of contract terms, the contract signed by both parties is not counted, that is, it is no longer bound by the original contract terms.

Whether the lessor or lessee can reach an agreement and sign a contract should make various agreements according to the property's own situation and the market situation at that time.

During the performance of the contract, both parties may have problems of one kind or another, which may turn into disputes, and once the disputes develop into litigation, the court will first review the effectiveness of the contract. Then, at this time, one party may deliberately talk about the validity of the contract for its own benefit. In short, in order to maintain the stability and fairness of the transaction, both the lessor and the lessee need to read the lease contract carefully before signing the contract.