How to review the lease contract

The parties have signed house rental agreement Later, in some cases, it is necessary to register the contract, that is, to review the content of the housing lease contract. Specifically, Lease contract How to review? Most of the parties are not very clear, please follow Nomogram Let's learn about it in the following.

1、 How to review the lease contract

The lessor and the lessee House rental Rent, term Liability for breach of contract After reaching an agreement on the terms, the lease contract is established. The legal validity of the house lease contract after its establishment is mainly examined from the following four aspects.

1. Whether the contract subject complies with the provisions, that is, whether the lessor and lessee have the constitutive elements of effective civil acts.

For example, whether it is a person without or with limited capacity for civil conduct, or whether the lessor is the owner of the house or the legal user of the house.

2. Whether the house is legal statute No renting.

As long as the laws and regulations do not prohibit the rental of houses, they can be rented according to law. According to the regulations, houses under one of the following circumstances shall not be leased:

(1) Not legally obtained housing ownership Evidence;

(2) Judicial and administrative organs rule or decide to seal up or restrict real estate rights in other forms according to law;

(3) The co owned house has not obtained the consent of the co owners;

(4) The ownership is in dispute;

(5) It belongs to illegal construction;

(6) Not conforming to safety standards;

(7) Has mortgage , without mortgage Agreed by;

(8) Not in conformity with the relevant provisions of the competent departments of public security, environmental protection and health;

(9) Other circumstances prohibited by relevant laws and regulations.

3. Whether the content of the housing lease contract is legal.

In practice, some housing lease contracts stipulate that the overdue fine for overdue payment of rent, utilities, etc. by tenants shall be calculated at 2% per day. In terms of law, this agreement is unfair due to the high overdue fine, which belongs to a revocable clause. Another common situation is that someone uses the rented house for illegal and criminal activities. If it is true, if the lessor knows or should know, such lease contracts are invalid, not protected by national laws, and the rent is confiscated according to law.

4. Whether it has been registered.

《 Urban Real Estate Management Law 》, City lease of houses The Administrative Measures of the People's Republic of China and the lease laws and regulations of this city both stipulate that the parties to the lease shall go through the registration and filing procedures with the property management department. In practice, there are two views on whether the unregistered lease contract is valid. One is that the contract is invalid, and the other is that the lease contract is still valid, but does not have the effect against the third party.

2、 Under what circumstances can the house lease contract be terminated

1. Exercise house lease Right to terminate the contract There are two forms of agreed dissolution and statutory dissolution

(1) The agreed cancellation of the house lease contract refers to Parties to the contract think terminate a contract It is more beneficial to our own interests than continuing to perform the contract According to the principle of freedom of contract, the contract is terminated by consensus contract law Article 93 stipulates that the parties reach consensus through consultation The parties may agree on the conditions under which one party may terminate the contract. When the conditions under which the contract can be dissolved are met, the party with the right to terminate the contract may terminate the contract

(2) The legal rescission of the housing lease contract refers to the rescission of the right of the party concerned to exercise the rescission according to law when the circumstances specified by law occur Termination of Contract Rights and obligations of the contract

According to the provisions of Article 94 of the Contract Law of China, a party may terminate the contract under any of the following circumstances

① The purpose of the contract cannot be achieved due to force majeure;

② Prior to the expiration of the time limit for performance, one party clearly stated or indicated by its own behavior that the main reason for non performance debt ;

③ One party delayed the performance of its main debts and still failed to perform within a reasonable period after being urged to do so;

④ The purpose of the contract cannot be realized due to the delay in performance of the obligation or other breach of contract by one party;

⑤ Other circumstances prescribed by law.

2. Termination of the lease contract due to the lessee's breach of contract without justified reasons

If the lessee moves out of the leased house without authorization and stops performing the contract, the lease relationship is unnecessary to continue and the lease contract is terminated. The house lease contract signed according to law is the true intention of both parties and is protected by law. Both parties should earnestly perform it, but the lessee may not want to perform it without justified reasons Lease Agreement It is possible to move out of the leased house without authorization and stop performing the contractual obligations in the case of negotiation with the lessor or failure in negotiation, which belongs to the lessee's breach of contract. In the strict legal sense, it should not be supported by the law, but in view of the housing lease Contract performance The long-term nature of the period, in which the lessee may change from encountering unexpected circumstances, in order to reflect the principle of fairness, balance the interests of all parties, and avoid waste of social resources, it is necessary to support its request for termination of the contract as appropriate.

When reviewing the content of the housing lease contract, if the registration and filing are not handled, the parties themselves should be careful, understand the content, and pay more attention to the potential pitfalls. As for how to review the lease contract, the legal chart editor will introduce it here. You can consult the law chart for more relevant knowledge lawyer 。