Current location - Plastic Surgery and Aesthetics Network - Jewelry brand - Does the lessee have the right to charge the store transfer fee?
Does the lessee have the right to charge the store transfer fee?
Shijiazhuang legal adviser: I opened a shop and transferred it to a shop called Liu Huakai. Liu Xia charged me a transfer fee of 6 thousand yuan at that time. At that time, he didn't tell me clearly who the landlord was. He just said that people nearby bullied me and wouldn't let me say that the transfer of the store was to help him. Then I did as Liu Hua said. After operating for a month, I realized that our landlord is a second landlord, renting the house to others in the short term and subletting it when it expires. We went out to collect transfer fees's house, which expires in July. I still have two months. When the house expires, the second landlord may not rent it to us or raise the rent for us. Now I have a handwritten agreement signed by Liu Hua and the second landlord. I still have the receipt of Liu Hua's transfer fee of 6000 yuan. What if the landlord charges our transfer fee again or raises the rent for no reason? Shijiazhuang real estate lawyer analysis Shijiazhuang real estate lawyer: operators transfer the lease right and management right of shops to collect fees, and there is no prohibition in relevant laws. The so-called store transfer fee refers to the tenant's transfer of the remaining lease period, together with the tenant's decoration, the equipment originally purchased, and business items (goods, franchise license fees, and other intangible assets) to the landlord. During the lease period (unexpired), the store is rented to the next tenant with the consent of the landlord, and the fee charged by the tenant to the next tenant exceeds the rent receivable. If the house is not renovated (or the renovation cost is not borne by the tenant), there is no equipment (the equipment originally purchased by the tenant), or there is no business project (meaning that the tenant has not left any business project), there will generally be no transfer fee. However, if new tenants are eager to find a store, they may be willing to pay more than the rent, which is also the store transfer fee. According to the contract law of our country, the lessee must obtain the consent of the owner to transfer the lease right, otherwise the transfer contract is invalid and the owner has the right to cancel the transfer without his consent. 2. If the lessee transfers the leased house, it must be approved or ratified by the owner, otherwise the transfer contract will be invalid and the losses will be borne by itself.