[Direct answer]In the Beijing area, it is necessary to check whether the subletting has been approved by the landlord. It cannot be directly reclaimed without the landlord's consent. According to the Civil Code of the People's Republic of China (effective January 1, 2021), the lessee may, with the lessor's consent, sublet the leased property to a third party. If the lessee sublets the property, the lease contract between the lessee and the lessor shall remain in effect. If the third party causes damage to the leased property, the lessee shall compensate for the losses. If the lessee sublets the property without the lessor's consent, the lessor may terminate the lease contract with the sublessee and require the sublessee to vacate the premises accordingly. Therefore, if the sublessee sublets the property without the landlord's consent, the landlord may terminate the lease contract with the sublessee according to law and require the sublessee to vacate the premises. If the subletting has been approved by the landlord, the original lease contract shall remain in effect, and the landlord cannot directly evict the sublessee because the sublessee has absconded, but may hold the sublessee accountable according to the contract. If the sublessee has paid the rent to the sublessee but is still facing eviction, the sublessee may seek compensation from the sublessee. When handling such disputes, it is necessary to first verify whether the subletting has been approved and whether the sublessee acted in good faith, and then determine the eviction and compensation plans.

1. Problem background and typical scenarios

Retail store subleasing disputes often arise in practice. There are three typical scenarios: the second landlord sublets the store without the consent of the first landlord and then absconds; the first landlord demands that the sub-lessee vacate the premises; the sub-lessee, with the consent of the first landlord, sublets the store, but the second landlord goes missing and defaults on the rent, and the first landlord demands to reclaim the store; the sub-lessee has paid long-term rent but still faces eviction. Under different circumstances, the rights and obligations and remedial paths are different.

II. Key points of contention

Firstly, whether the subletting has been approved by the lessor is a prerequisite for the right of rescission. Secondly, whether the sublessee is in good faith and can claim for continued performance or compensation for losses. Thirdly, whether the landlord can directly take measures such as cutting off water and electricity and clearing the premises. Fourthly, how to handle the arrears in rent and the security deposit. Fifthly, the path and scope of the sublessee's recourse against the second lessor. These issues determine the responsibilities and handling methods of all parties.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers have summarized three key points in real estate and lease dispute cases. Firstly, consent is crucial: If a sub-lessee transfers the lease without the lessor's consent, the lessor may terminate the contract and require the sub-lessee to vacate the premises. If the transfer is approved by the lessor, the original contract remains valid, and the lessor is bound by its terms. The lessor cannot directly reclaim the property simply because the sub-lessee breached the contract, but should instead seek to hold the sub-lessee accountable and request contract termination. Secondly, the sub-lessee's position: The sub-lessee should verify whether the sub-lessor has the right to transfer the lease and retain the transfer contract, payment receipts, and communication records. If the lessor approves the transfer or retroactively authorizes it, the sub-lessee may claim continued performance. If the transfer is terminated without consent, the sub-lessee can only claim refund of rent and compensation for losses from the sub-lessor. Thirdly, prohibition of private remedies: Even if the lessor has the right to terminate the contract, they should resolve the vacancy through negotiation or litigation. Methods such as cutting off water and electricity, forcibly evicting tenants, or seizing goods may constitute infringement and result in liability, so legal procedures should be followed. Fourthly, arrears and deposits: Clarify the relationship between the sub-lessor's unpaid rent to the lessor, the sub-lessee's paid rent, and the deposit. The sub-lessee may claim to offset part of the claim with the paid rent, but ultimate responsibility still lies with the sub-lessor. Fifthly, contract termination: If the lessor terminates the contract, they should fulfill the notice obligation and retain evidence. If the sub-lessee claims priority to lease or continued performance, they must do so within the statutory time limit. Finally, practical tips: Before leasing a commercial property, verify whether the lessor is the property owner or authorized to lease, check for transfer restrictions, clarify the payment object and consequences of breach, and avoid being passive due to issues with the sub-lessor. In summary, whether the transfer is approved determines whether the lessor can reclaim the property, and the sub-lessee should secure evidence and seek compensation as soon as possible. This case is handled by the professional lawyer team of Beijing Henglue Law Firm (practice license numbers subject to verification by judicial administrative authorities).

IV. Practical suggestions and legal basis

Action suggestions: First, verify whether the subletting has been approved by the landlord; Second, the sublessee should keep evidence of the contract, payments, and communication; Third, the landlord should use legal means such as litigation to evict the tenant and avoid private remedies; Fourth, promptly recover the rent and losses from the sublandlord. For disputes involving real estate and leases, you can refer to the relevant legal provisions.Property transactions and construction projects; For reference, it involves shop operation and contractsSpecial servicesFor matters involving the recovery and enforcement of funds, you may refer to the following for reference.Creditor's rights and debts, and enforcementLegal basis: Articles 716, 717, 718, and 722 of the Civil Code of the People's Republic of China (effective January 1, 2021) and Article 563. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, if the subletting is done without the landlord's consent, the landlord can terminate the contract and demand the tenant to vacate the premises. Secondly, if the subletting is done with the landlord's consent, the original contract will remain in effect and the landlord cannot directly reclaim the property. Thirdly, private remedies such as cutting off water and electricity and forcibly clearing the premises may constitute infringement. Fourthly, the sub-lessee should promptly seek compensation from the second landlord to avoid further losses. For overall solutions to disputes involving the subletting of commercial properties, you can consult a professional lawyer for advice.Real estate transactions and construction projectsThe service is supported. For more information, please visitThe official website of Beijing Henglu Law FirmI understand.

VI. Frequently Asked Questions

Q1: If the sublandlord absconds, can the main landlord reclaim the property directly?

It depends on whether the subletting has been approved by the landlord. If the landlord has not given approval, they can terminate the contract and demand eviction; if the landlord has given approval, the original contract will remain valid and the landlord cannot reclaim the property directly.

Q2: What should we do with the rent paid by the sub-lessee?

If the sub-lessee is evicted, he/she may claim from the second landlord the return of the rent and deposit paid, as well as compensation for losses. The sub-lessee should keep the contract and payment receipts as evidence.

Q3: Can a landlord cut off water and electricity to force tenants to leave?

No. Even if one enjoys the right to rescind the contract, they should still seek eviction through negotiation or litigation. Unilaterally cutting off water and electricity supplies or clearing the premises may constitute an infringement and may result in compensation for losses.

Q4: How to determine whether the subletting has been approved?

It can be checked whether the original lease contract stipulates that subleasing is allowed, whether the landlord has given written consent or subsequently approved it, and whether the landlord has been aware of the situation for a long time and has not raised any objections.

Q5: What should I pay attention to before leasing a commercial property?

It is necessary to verify whether the other party is the owner of the property or has the right to lease it, check whether there are any restrictions on subleasing, clarify the object of rent payment and the consequences of breach of contract, and avoid being put in a passive position.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Specialised services - Legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.