Does the parking space use agreement need clear terms?

Need. Parking spaces cannot be traded in property rights (cannot be bought or sold). Investors in this kind of parking spaces can realize their income by renting or transferring the right to use and operate parking spaces in civil air defense basements and other legal forms; The transfer or lease term of the right to use such parking spaces is generally stipulated in the contract, and the lease term cannot exceed 20 years. If the lease term of the parking space transfer or lease contract is 50 years or 70 years, the part exceeding 20 years is invalid; When the right to use the parking space is transferred or the lease term expires, the parties may renew the contract, but the agreed lease term shall not exceed 20 years from the date of renewal.

Is there a longest transfer period in the transfer contract of parking space use right?

1. The agreement on the transfer of parking space use right is more than 20 years, which is partly illegal.

2. In real life, many people are rented out because they can't buy parking spaces and garages for various reasons. This agreement is a lease contract in nature, and it is valid only if its contents are not illegal and do not harm the interests of others.

Matters needing attention in signing the agreement on the transfer of parking space use right

1 First of all, it is clear that the parking spaces in general residential areas are included in the pool area calculation, that is, they are not owned by any individual, but by all owners of residential areas. So it is impossible to apply for a property right certificate. The above-ground parking spaces and underground parking spaces in the community can only be rented and managed by property management companies.

2. If it is a new parking space, directly sign a lease agreement with the property company. The term of a general lease contract is 10 to 20 years. The property management company has detailed style documents. Sign according to the process.

3. If it is transferred by other private parties, the buyer shall ask the transferor to provide the lease agreement it signed with the property management company at the beginning, and the buyer must properly keep the agreement and the newly signed agreement between the two parties. If possible, both parties shall go to the property management company for transfer registration.

4. The specific location of the parking space must be clearly written in the signed agreement, and the transferor must give proof of the right to use the parking space.

5. When signing the agreement, it must be noted that according to the provisions of the Civil Code, the lease term cannot exceed 20 years at the longest, so when writing the agreement, the lease term of more than 20 years cannot be written. So when writing an agreement, don't write a term of more than 20 years. The right to use for more than 20 years is not protected by law and is invalid.

6. When signing an agreement between individuals, it is best to find a third-party witness or notary.

7. The specific content of the agreement can be included in the sample of the residential property company.

Legal basis:

Article 2 12 of the Civil Code of People's Republic of China (PRC)

The registration authority shall perform the following duties:

(1) Examining the ownership certificate and other necessary materials provided by the applicant;

(two) ask the applicant about the registration matters;

(three) truthfully and timely registration of related matters;

(4) Other duties as prescribed by laws and administrative regulations.

Article 705 of the Civil Code of People's Republic of China (PRC)

The lease term shall not exceed twenty years. More than twenty years, the excess part is invalid. At the expiration of the lease term, the parties may renew the lease contract; However, the agreed lease term shall not exceed twenty years from the date of renewal.