大家好！ 最近親友想放租一個舊樓單位，有地產(有限公司)想租該單位後，再分租床位或太空艙。 親友有以下問題： 1. 有什麼法律風險或伏位要注意? 2. 能透過主租契保障業主權益?若收不到該公司的租金：3.可以收樓麼？4. 收樓程序需時多久？5. 法律程序會有別於一般收樓麼?謝謝！?
- GaryLv 71 個月前
Unless this is the only available option, this is highly not recommended.
1, 2, 3. Basically, the proposed lease is full of risk. First, the terms of the lease will not be in the owner's favour, given that it is written by a real estate agency (and real estate agents definitely know the law better than a typical landlord). Also, the agency will modify the existing structure. Even with a promise to restore, the modification will still be enough to reduce the value of the property.
Also - any lawsuits involving the lease will be very complicated.
The only advantage is the rent is guaranteed for sure, i.e. no risk for non-payment.
Bottom line - the profits may not be able to cover any potential losses.
4. 3-6 months minimum.
5. Yes, given that any subleased tenants will have to be the parties of the lawsuit as well.