The house is destroyed by tenant this how does thought for the time being
From; Author:Stand originally
Reader Zhao law asks: I am in south road of people of call together county has appearance house two, I and Li Mou reached oral agreement agreement to lease the building him on April 20, 2003, lease comes on April 20, 2006, lunar hire 1350 yuan, li Mou put forward to be about to give Hao Mou building relet on April 18, 2004, I express to agree, li Mou came to an agreement with Hao Mou on April 20, 2004 then, conventional lease 2 years, lunar hire 1600 yuan. After who knows Hao Mou to take over namely do sth without authorization demolishs the partition of the room intermediate of two appearance room, I am afraid of influence building quality, think Hao Mou home remedy transforms behavior break a contact, the requirement removes the contract makes his restorable, ask Li Mou pays me 1600 yuan rent by every months at the same time, but all refuse. Excuse me, how should I safeguard my legitimate rights and interests?
Answer: What what you say is the effectiveness problem of building relet actually, " contract law of People's Republic of China " the 44th the 1st section provision, tenant classics lessor agrees, can give the 3rd person relet of the content that rent. Of tenant relet, the renting contract between tenant and lessor continues effective, the 3rd person causes losing to renting content, tenant ought to recoup a loss. Li Mou serves as tenant building relet after Hao Mou, the renting contract between you and Li Mou is active still, reason you have no right to ask Li Mou pays rent 1600 yuan by every months, can ask by the original contract that rent Li Mou pays rent 1350 yuan by every months only, because nonexistent contract concerns between you and Hao Mou, reason you cannot ask Hao Mou undertakes responsibility of breach of contract directly, also cannot ask Hao Mou is restorable, but you can ask according to the renting contract between you and Li Mou Li Mou is restorable or recoup a loss.