Last January I rented two rooms and one hall of my own from Li Mou. The lease term was 3 years, 2000 yuan per month. In March, I rented one of the rooms to Zhang Mou for 800 yuan and signed a 2-year lease agreement. A month later, Li knew the matter but did not make any noise. In February of this year, Li Mou proposed that Zhang's 800 yuan should be directly to him, I pay another 1400 yuan rent, I do not agree, Li Mou to terminate the contract. Will Li be able to reclaim his house without his consent to sublet?
Lawyer replies: Li Mou has the right to recycle the house within six months after renting the room to Zhang Mou, but it is more than six months before he proposes to recycle the house. His plea can not be supported by the court. Article 224 of the Contract Law states: "If the lessee subleases the lease without the lessor's approval, the lessor can terminate the contract." However, in order to protect the rights of sub-lessees, the Supreme People's Court's Judicial Interpretation of Cases Concerning Disputes over Rental Contracts of Towns and Towns Rules 16, the lessor knows that the lessee may have to know about the sublease, but does not raise an objection within six months, he solves the contract or determines the sublease on the ground that the lessee has not approved it. If the contract is invalid, the people's court shall not support it.
Therefore, although you have not approved the sublease of the house by the landlord, if you do have evidence to prove that Li is aware of the reality of your sublease, but only after a year to propose the recovery of the house, has passed the six-month period of objection, the lessee on the grounds of non-consent to rescind the contract or recommend that the sublease contract invalid prosecution to the court, the court will not support it. . Tianjin (real estate) Guo Peng law firm Lining Wang Zhengjiao