What should you pay attention to when renting a shop together? Details?
What should you pay attention to when sharing a shop? Details?
As the name suggests, sharing a shop means that two or more operators divide a shop into a number of spaces and then operate it. Shared renting of shops in Hangzhou can enable Hangzhou operators to reduce rental costs, but the disadvantages are also obvious. If the shared renting negotiation is not agreed upon, many follow-up problems will arise. Below I have compiled some things you should pay attention to when renting a shop in Hangzhou together. When a shop is rented together, you should investigate the shop's file. When opening a shop to do business, it will involve the issue of applying for a business license. If the type of shop is not commercial and the land use is residential, you cannot apply for a business license, so When confirming shared tenancy, be sure to clarify the type of shop and the use of the land. Also when it comes to the application of business licenses, co-tenants should negotiate whether to apply for two business licenses or use one business license. When renting a shop together, you should be clear about your tax obligations. When renting a shop, it will involve business tax and additional rent, personal income tax (rent minus maintenance costs), stamp duty rent, land use tax and other taxes. The co-tenant should confirm with the landlord who should bear this part of the tax. If it is borne by the co-tenants, then the co-tenants should confirm the disposal of decoration when signing a co-tenancy agreement. This issue must be clear when signing a co-tenancy agreement. When a shop is shared, water, electricity and other expenses should be divided. When a shop is shared, there is usually only one electricity meter and water meter in each shop, which will involve the payment method of water and electricity bills. This issue causes the most disputes when a store is shared, so be sure to confirm it clearly when signing a shared lease agreement. What should you pay attention to when taking over a shop for subletting?
Be sure to check the property ownership certificate, land certificate, mortgage or pledge status certificate, etc. Don’t just listen to the owner’s words. Merchant customers in a shop location mainly realize profits through operations. If the location is not good, including the regional environment and the small environment of the shop, they are the main factors that determine the quality of the business, so careful investigation must be carried out. Usage status of shops: Currently, there are many subleases, and there are few first-hand new houses. Therefore, if a shop is subletted, it is necessary to find out the reason for subletting, whether the owner allows subletting, and the conditions for subletting, etc. You must have a clear understanding of the current usage of the store, otherwise the disputes caused will lead to the inability to operate normally. Good supporting facilities for shops can save business customers a lot of costs and energy. Such as water, electricity and capacitors, gas, weak current facilities, sewage discharge and petroleum facilities, etc. Be sure to verify clearly before taking over a store for subletting, otherwise the difficulty and cost of renovation will directly restrict the later operating results. Not all shops in good locations can be rented out, or the rents reach the same level, so the structure of the shop itself is very important. The main considerations are the ratio of width to depth, the internal layout structure and utilization rate of the house, and the The height, load-bearing, floor and other hardware requirements must be met to ensure that business customers can use it conveniently and reasonably. Other things to note about shops Other things you need to know about shops are the lease period, rent-free period, rent payment standards, breach of contract and liquidated damages, compensation for losses and other conditions. What should you pay attention to when renting a store?
Notes:
1. Choose a location based on the business positioning of your store
Before choosing a store location, you must first make it clear own business scope and business positioning. If you are dealing in daily chemicals, non-staple food and other fast-moving consumer goods, you should choose a location near a residential area or community; if you are dealing in furniture, electrical appliances and other durable consumer goods, you should choose a business district with convenient transportation. In addition, you must also consider whether your target consumer group is mainly for the general public consumer group, or mainly for the middle and high-class consumer groups. To put it simply, you must choose a place that is close to more target consumer groups. Under normal circumstances, most stores are suitable to be located in neighborhoods with a large flow of people, especially mature business districts with frequent local commercial activities and dense commercial facilities.
2. Try to avoid choosing a location on a street subject to traffic control. There should be a suitable place for parking vehicles in front of the store.
In order to facilitate traffic management, many cities will place parking lots on some main streets. Set up traffic controls, such as one-way traffic, restricted vehicle types, limited traffic hours, etc. Store locations should avoid these places.
Also try not to open a store on a street with a barrier in the middle of the road, because this will restrict the flow of people from the opposite side. No matter how eye-catching your shop sign is, the customers on the opposite side can only "look at the store and sigh". Convenient transportation is one of the conditions for choosing a store location. It is best to have a bus stop near the store, as well as a pick-up and drop-off station for taxis. In addition, there should be a parking lot or open space in front of or near the store to facilitate parking of vehicles, which will make shopping more convenient for customers.
3. Choose areas where residents gather and the population is concentrated, and do not open stores in areas with fewer residents and slower resident growth
Popular areas are basically conducive to opening stores , especially opening stores such as supermarkets, convenience stores, and dry cleaners. Newly developed areas in cities initially have fewer residents and a sparse population. If they lack a large floating population, they are not suitable for opening shops. Although sometimes you can open a store in a newly built area and sell exclusive products, it is often difficult to support the daily operations of the store due to fewer customers.
4. Understand in advance whether the store is likely to be demolished in the near future, and whether there are property rights disputes or other issues with the house.
With the rapid development of cities, old city renovation is an important part of business operations. When opening a store, you must first investigate and understand the local urban planning situation to avoid setting up stores in "dangerous" areas that are prone to demolition. When renting a house, you should also investigate and understand the usage of the house, such as the construction quality, whether the owner of the house has property rights or other debt disputes, etc. Ignoring these details often leads to the failure of the store and brings huge losses to itself. loss.
5. Pay attention to the characteristics of the street where the store is located and the direction and classification of street passenger flow
A street will form its own differences due to different traffic conditions, history and culture, and location. Characteristics: Choose a street with smooth traffic at both ends of the street and a large flow of vehicles and people, and avoid opening a store in a "dead end". The location and orientation of the store are also very important. The store facade should be as wide as possible. When facing north, pay attention to wind protection in winter, and when facing west, pay attention to sun shading in summer. On both sides of the same street, the passenger flow may not be the same due to the walking habits of pedestrians. It is necessary to carefully observe the direction of passenger flow and select a site on the side with more passenger flow. Although long-distance bus stations, railway stations and urban main roads have a large flow of people, the flow of passengers is relatively fast. Many people do not intend to shop and stay for a short time. When opening a store in these places, you must carefully choose according to your own business needs.
6. Choose a neighborhood where similar stores are concentrated, or choose a professional market that suits your store
"Shopping around" is a shopping method that many people often adopt. Choose similar stores. In concentrated neighborhoods, it is easier to attract more target consumer groups. Don't worry about fierce competition. The clustering of related stores can help increase the attention of the same target consumer groups. Highly specialized markets or shopping malls such as electronics markets, flower markets, and building materials markets are also good choices for opening stores. It should be noted that when choosing to open a store in a professional market or shopping mall, you must examine factors such as the management level, scale, and local influence of these markets and shopping malls. You must be cautious about those that are smaller in scale, have a shorter opening time, and have poor management levels. Settled in. What should you pay attention to when renting a shop in Beijing?
I Love My Shop said: 1. Issues of subletting, “transfer” and independent lease contracts
When a merchant rents a shop for a period of time, due to the operating conditions If not, they often consider “transferring” or subletting the leased shop. When renting a shop, you must find out who the real owner of the shop is. If the current operator is not the owner, then there will be issues of subletting or transfer. In shop leasing, the phenomenon of subletting and transfer is very common. We once encountered a situation where nearly ten properties were sold in a row, which is amazing.
The practice of deriving a lease contract between the sublet and the sublessee while maintaining the lease relationship between the sublet and the landlord is a shop sublease; when the original lessee withdraws from the lease contract, the new lessee shall The lessee's practice of replacing the original lessee's legal status is a transfer of the store (lease contract); the original lease contract is terminated, the new lessee signs a new lease contract with the landlord, and conducts new negotiations on the issues involved in the lease contract, which is an independent lease. contract.
When subletting, be sure to confirm whether the sublessor has the right to sublease, ensure that the term of the lease contract does not exceed the lease term of the predecessor contract, and review all the terms of the predecessor contract. Validity of the lease contract. Because the validity of the sublease contract depends on the validity of the previous contract and the sublease right of the previous owner. In practice, even if all previous contracts stipulate the right to sublease, it is best to ask the landlord for written confirmation. Because shop rents usually keep rising, it is not uncommon for landlords to demand higher rents by denying subletting. Moreover, the validity of the previous contract has not been confirmed through litigation or notarization, and the review can only make a preliminary determination.
When transferring a lease contract, the best and easiest way is to add explanations and supplements at the end of the original lease contract, so that the content of the previous and subsequent contracts can be kept consistent. However, we must pay attention to the connection between the contractual obligations that have been performed by the predecessor and the obligations that have not yet been performed, especially the issue of deposits and unpaid rent.
When using an independent lease contract, the main thing is to confirm that the original lease contract has been effectively terminated, and be careful not to let any disputes left over from the original lease contract affect your own lease contract.
No matter which of the above methods is used to lease a shop, there is a "transfer fee" issue in business customs. That is, when the previous owner rented the shop, it invested a certain amount of money for decoration and other reasons. When the previous owner quit the business and handed it over to the next owner, it required the next owner to make a certain amount of compensation. Even if the decoration cost is not much or there is no decoration at all (some landlords are purely investing in leasing), in the market situation where shops are in demand, the landlord cannot refuse the request of the landlord. As long as the transfer fee is agreed upon, there is nothing illegal or coercive.
2. Issues with business licenses
To operate legally, operators need to apply for business licenses and other procedures. The law stipulates that if an operator needs to have a business premises, he or she must provide a real estate certificate or lease and lease contract when applying for a business license. Generally speaking, when the Industrial and Commercial Bureau applies for a business license, if the previous operator’s business license for the store has not been canceled or changed to another registered address, the new lessee cannot use the store to apply for a new business license (different The relationship between the business license of comprehensive places such as shopping malls and markets and the business license of specific stalls).
However, there are also many operators who do not apply for a business license but borrow the previous one. This kind of operation does not actually constitute cooperative operation or contract operation. In fact, it is illegal borrowing of licenses and subletting of shops or transfer of lease contracts. On the one hand, this is not completely legal, and on the other hand, it is easily controlled by the previous players.
In addition, some property owners divide the shops without authorization and rent them to multiple businesses. This will also cause obstacles for merchants to apply for business licenses.
3. Decoration Issues
After each merchant takes over a store, it usually needs to be renovated before opening; some franchise, agency, and chain merchants also require uniformity in decoration style. . However, the specific rented shop may not necessarily meet this requirement, because the decoration of the shop cannot damage the main structure.
At the same time, how the decoration will be handled after the lease contract expires should also be clearly stipulated in the lease contract. Otherwise, conflicts may easily arise between the lessee’s demand for compensation and the lessor’s demand for restoration to the original status quo.
4. Capacitors
Some shop operators have special requirements for capacitors and need to expand them. However, capacity expansion is not an easy task. It requires approval from relevant departments, and the relevant departments will strictly limit the capacitance according to the plan.
5. Investment Attraction Issues
In order to attract businesses, some newly opened shopping malls or markets often state or imply in external publicity that in the near future the area will be equipped with complete supporting facilities and good quality. popular business district and give various verbal promises to merchants. However, the reality is that tenants often fail to do so and even lose their money.
6. Cooperation Obligation Issues
After renting a shop, many things require the landlord’s cooperation. For example, applying for a business license requires the landlord to provide a real estate certificate, and decoration also requires the landlord to provide relevant materials. , expansion is even more important. However, if the contract does not stipulate these issues, the landlord often refuses to cooperate on the grounds that he has no obligation or delays cooperation for various other reasons.
7. The purpose of the contract
Some people may say that the business to be done after renting a shop is the tenant’s business and has nothing to do with the landlord. However, we believe that it is very important to clearly state the business content of the leased store in the contract, because this actually clarifies the purpose of the leased store.
We know that in our complicated administrative management system, various management departments such as sanitation, industry and commerce, fire protection, and planning will manage and restrict the business activities of businesses. The purpose of businesses using rented shops for business operations is often not achieved due to the intervention of these departments. For example, catering activities in street shops on the ground floor of residential buildings are restricted by the sanitation department. These limitations cannot be fully understood and predicted by merchants.
However, if the purpose of leasing a shop is stipulated in the contract, and when the merchant's activities are restricted by the relevant management department, the lease contract can be terminated on the grounds that the purpose of the contract cannot be achieved, and there is no need to bear liability for breach of contract.
8. Demolition Issues
Merchants who rent shops often hope to be able to operate stably in the long term. If the business is still good, they will increase investment. However, in case of demolition, the wishes of the merchants will be in vain. If it has been included in the demolition red line, you cannot even apply for a business license. Considering that landlords, especially subtenants and transferors, are likely to conceal these important information. Therefore, it is very important to predict future relocation trends and consult the urban planning red line map. It is also necessary to make an agreement on possible future relocation issues in the contract. What should you pay attention to when signing a contract for renting a storefront? Detailed, detailed, the more detailed the better
2. The lease term starts from January 1, 2004 and ends on December 31, 2005 (ie: two years). 3. The annual rent is x million yuan. Party B shall pay the rent for that year to Party A in one lump sum in January of each year, but Party A must provide a tax invoice. 4. After the house rental contract takes effect, Party B shall pay Party A a deposit of xxx yuan (without interest), which will be returned upon expiration of the contract. 5. Party B must pay the rent as agreed. If there is any arrears, a penalty of 0.5% per day will be charged based on the arrears. 6. During the lease period, Party B can decorate and decorate the house without changing or affecting the overall structure of the house. If the lease is not renewed at the end of the lease, Party B will handle the decoration materials by itself. If it is dismantled, Party B will bear the cost and restore it to its original appearance. 7. During the contract period, Party A shall provide water and electricity supply. Water and electricity bills are calculated and collected by Party A on a monthly basis. At the same time, Party B shall consciously abide by Party A's water and electricity management regulations. If there is any violation, Party B shall handle it according to Party A's water and electricity management regulations. Due to Party A's responsibility for water and power outages, resulting in losses to Party B, Party A shall pay liquidated damages equal to 0.5% of the total annual rent and compensate Party B for actual losses. If Party B needs to increase the capacity, Party B will be responsible for the procedures and expenses. 8. During the lease period, Party A shall be responsible for the normal maintenance of the main structure of the house. If Party B is entrusted with the maintenance, the cost shall be borne by Party A. If Party A delays repairs or fails to entrust repairs, causing damage to the house, Party A will compensate Party B for any losses caused. Party B is responsible for the maintenance costs of various indoor facilities (including doors and windows). 9. If the house is damaged due to force majeure natural disasters during the rental period, this contract will be terminated naturally. 10. During the lease period, Party B shall not rent the house to a third party or change its use without the consent of Party A. When the lease expires or the contract is terminated, Party B must return the house to Party A on time. If the lease needs to be renewed, it must be done 3 months in advance. Negotiate with Party A monthly. 11. During the lease period, neither Party A nor Party B shall terminate the contract for any reason. If Party A wants to take back the house due to reconstruction or expansion, it must notify Party B in writing 3 months in advance and obtain Party B's consent. If Party B needs to return the house, it must also notify Party B in writing 3 months in advance. Notify Party A and obtain Party A's consent. If Party A breaches the contract, in addition to returning the deposit, it will compensate for liquidated damages of xxx yuan and compensate for the insufficient part of the loss; if Party B breaches the contract, it shall not require the return of the deposit and compensate for the insufficient part of the loss. 12. When the contract expires and Party B needs to renew the lease, Party A shall give priority to Party B under the same conditions. 13. For matters not covered in this contract, supplementary provisions may be made through negotiation between both parties. The supplementary provisions shall have the same effect as the contract. 14. If any dispute arises during the performance of this contract, it shall be resolved through negotiation between the two parties; if the negotiation fails, the dispute may be appealed to the People's Court. 15. This contract is made in four copies, two copies for Party A and two copies for Party B. The contract shall take effect from the date of signing. Signature of the representative of Legal Person A: Stamp Signature of the representative of Legal Person B: Stamp Year Month Day The process of signing a contract for renting a storefront. This is a sample. You can consult a lawyer.
What Feng Shui should be paid attention to in shops?
Feng Shui believes that the aura of an auspicious environment is helpful to a person's courage and wisdom, which in turn affects the rise and fall of the business and the success or failure of the career. Choosing a shop address with good Feng Shui is a prerequisite for a successful business. Let’s take a look at what kind of Feng Shui can make the shop more prosperous – 1. The location of the cashier is very important. The location of the cashier that is important in shop Feng Shui should be good and should not be close to clutter. , and must be properly arranged. 2. The door of the store is the throat of the store. The door of the store is the throat of the store. It is the passage for customers and goods to enter, exit and circulate. The number of customers a store welcomes and delivers every day determines the success or failure of the store. Therefore, in order for the store to increase the number of customers it receives, the door should not be made too small. If the shop door is made too small, according to Feng Shui, it narrows the air opening of the house, which is not conducive to the intake of Qi and slows down the inflow of Qi, thereby reducing the vitality in the house and increasing the dead Qi. For business activities, if the door used as an entrance and exit is too small, it will make it inconvenient for customers to enter and exit. If customers have to carry goods, there will be bumps and bumps, which may damage the sold goods. Narrow store doors will also cause crowded people, and the crowded people may stop some customers. 3. Avoid setting up counters at the exit of the escalator. Shops often set up counters at the exit of the escalator. The purpose is of course to enable customers to see the goods being sold as soon as they step onto the floor, thereby increasing the possibility of selling the goods. However, this approach often As a result, some customers will deliberately bypass this counter and go to the counter next to it. You may wish to move the counter blocking the staircase 2 meters to the side.
What should we pay attention to in Feng Shui mvv for shops? What should we pay attention to in the leasing and sales contracts of shops?
I don’t know if you mean to do direct transactions without finding an intermediary company. If you are not very familiar with the person, the risk is relatively high, because contract fraud is more common now. Regarding the question you raised, in fact, as long as you pay attention A few points can still be used to avoid some losses
If it is leasing, it is simpler. The main steps are to check Party A’s property ownership certificate and ID card; Party B’s ID card, business scope; lease time, payment method, Agreed conditions, breach of contract conditions and handling methods. The contract is for both parties. As long as it is reasonable, recognized by both parties, and does not violate the regulations, it is generally feasible. If it is a community, after signing the contract, you have to go to the property registration
< p> If it is a sale, it must be stricter. Just like the sale of a house, the property ownership certificate, the owner's ID card and the house purchaser's ID card, the buyer and seller, involve banks, housing management bureaus and other corresponding departments, whether to mortgage, apply for a loan , bank review, deposit, down payment, transfer, etc.If it is renting, you can still handle it yourself. If you are buying or selling, if you find it troublesome, you might as well find a better agency to rent a shop. What should you pay attention to?
Recently, many people want to rent shops. For those who have rented shops before or have no experience in renting shops, some legal issues are worthy of attention.
Mr. Ye used to work in other places and is planning to do business in Quzhou this year. A few days ago, he took a fancy to a store and planned to rent it. He called this newspaper's roommate hotline to ask what he should pay attention to when signing a store rental contract. Answer from Lawyer Chen Qinglin: Before renting a shop, you should go to the real estate trading center where the shop is located to conduct a property rights investigation and confirm the following important information: 1). The purpose of the house and the land use. You must ensure that the type of house is commercial and the land is used. Only if the purpose is non-residential can it be rented as a shop. Otherwise, you will face the risk of being unable to obtain a business license and illegally using the house; 2) The owner of the house to ensure that the lease contract is signed with the owner of the house or other rights holders; 3 ), whether the house already has lease registration information. If there is already lease registration information, the new lease contract will not be able to be registered, which will cause the new lessee's lease relationship to be unable to protect against a third party, which will also affect the smooth operation of the new lessee. Obtain a business license.
In shop leasing, the rent-free decoration period often appears in the contract. This is mainly because the lessee needs to renovate the house after handing over the house and cannot actually work or do business. In this case, the lessor Agree not to charge rent from the tenant during the renovation period.
However, the "rent-free decoration period" is not a concept clearly stipulated by law. Therefore, when signing a lease contract, it is necessary to clearly agree on the start and end time of the rent-free decoration period and the specific fees to be exempted from payment. Under normal circumstances, only the rent is exempted, and there are no consequences for the actual use of the house. Water bills, electricity bills, etc. must also be borne according to the contract.
In addition, when renting a shop, the disposal of decoration must be clearly stated. Because when leasing a shop, it is often necessary to spend a large amount of money for shop decoration. In order to ensure that the decoration can be carried out smoothly and to protect the interests of the decoration, several issues should be paid attention to in the contract: 1. It is clearly agreed whether the lessor agrees to the lessee’s renovation of the shop. Decoration, and whether the decoration drawings or plans need to be approved by the lessor, etc. If there are special modifications or constructions, they should be clearly agreed. The location of advertisements and store signs can also be clearly agreed; 2. The liability for breach of contract when rescinding the contract is not only Consider the liquidated damages part, because the liquidated damages are often agreed to be equivalent to the deposit, the amount is not high, and are often less than the lessee’s decoration losses. Therefore, it should be agreed that in this case, in addition to the liquidated damages, the lessor also needs to bear all the losses incurred by the lessee. The cost of renovation losses suffered; 3. Clarify the disposal method of renovations and additions when the lease expires.
In order to have no doubts after signing the contract, the renter can request for rental registration.