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Whether it is suspected of violating the law to rent a house without giving the contract

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Whether it is suspected of violating the law to rent a house without giving the contract


        

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  • 2024-06-10 09:00:48

    Many times we will find that no matter whether we are shopping, traveling, studying or working, we cannot do without legal knowledge. We should learn to use the weapons of law to protect our legitimate rights and interests. If your life is faced with the question of whether the contract is suspected of being illegal, and what related problems should be paid attention to when signing a housing lease contract, and cannot be solved, you can find the answer from the contents of this article.

    List of contents of this article:

    1. Is it suspected of violating the law to rent a house without giving the contract? 2. What are the lawyers' fees for disputes over the rental of shops in Shanghai? 3. Who will pay the lawyer fees for traffic accidents

    Whether it is suspected of violating the law to rent a house without giving the contract

    It won't break the law. The Civil Code stipulates that the signing of a housing lease contract is not a necessary condition for the effectiveness of the housing lease, so the failure to sign a housing lease contract does not affect the effectiveness of the housing lease. Article 703 of the Civil Code [Definition of lease contract] A lease contract is a contract whereby the lessor delivers the lease item to the lessee for use and income, and the lessee pays the rent. Article 704 [Main contents of the lease contract] The contents of a lease contract generally include the name, quantity, purpose, lease term, rent and its payment term and method, maintenance of the lease item, and other terms. Article 706 Where the parties fail to go through the formalities for registration and filing of the lease contract in accordance with the provisions of laws and administrative regulations, the validity of the contract shall not be affected.

    What are the lawyers' fees for the disputes over the rental of shops in Shanghai?

    The fees charged by lawyers for disputes over the rental of shops in Shanghai are proportional to the amount of the subject matter of the property in dispute. Property disputes are property disputes involving property relations of more than 100000 yuan. In addition to the basic agency fees, fees will be charged by stages according to the size of the object of dispute:

    1. The part above 100000 yuan to 500000 yuan (including 500000 yuan): 4-6%

    2. Part of more than 500000 yuan - 1 million yuan (including 1 million yuan): 3-5%

    3. 2 - 4% for the part above 1 million yuan - 5 million yuan (including 5 million yuan)

    4. Part of more than 5 million yuan - 10 million yuan (including 10 million yuan): 1-3%

    5. Over 10 million yuan: 1-2%

    Who will pay the lawyer fees for traffic accidents

    Lawyer fees are generally borne by the parties themselves. If the other party is willing to bear the lawyer's fees, it is also OK. The attorney fee is generally calculated according to the amount involved in the case and the proportion specified in the local lawyer service standard.

    The level of lawyers' fees has been clearly stipulated by the state, but the charging documents give a range of fees, and the parties should negotiate with the lawyers to determine the specific amount. It shall be collected according to the nature, object and complexity of the case. The state usually sets a minimum standard for attorney fees. If the case is complicated, difficult and requires more time, the attorney fees may be four times the minimum standard. This requires both parties to negotiate according to the case.

    In addition, there is another way of charging for risk agency, that is, if the parties do not pay or only pay a small amount of fees, the lawyer will charge according to the previously agreed proportion after winning the case and getting the money.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    M***

    2024-06-10 09:00:48

  • civil Relevant knowledge

  • law

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