Contract Law What is the content of a house lease contract?

With the continuous development and progress of modern society, modern society is developing more and more rapidly, and people's living standards are greatly improved. Everyone gradually broke away from the shackles of the countryside and went to big cities for development. In big cities, we often choose to rent a house. So how does the contract law stipulate the house lease contract? Let's give you a brief introduction: legal characteristics 1. A house lease contract is a contract to transfer the right to use a house. This is the difference between it and the sales contract. The latter is for the purpose of transferring the ownership of things. Because the house lease contract only transfers the right to use the house, the lessee can only use the leased house in accordance with the contract, but not dispose of it. When the lessee goes bankrupt, the leased house shall not be listed as bankrupt property, and the lessor has the right to recover it. 2. The house lease contract is a promise, double service and paid contract. The house lease contract was established when the two parties reached an agreement. The delivery of the house is not an essential element of the contract, so it is a promise contract rather than a practice contract. Both parties have mutual rights and obligations. This is a bilateral contract. The lessor rents the house for rent, and the lessee pays the rent for the right to use the house, so the lease contract is a paid contract. 3. The house lease contract is temporary. The housing lease contract transfers the right to use the leased house, so the lease term should not be too long, otherwise it is inconsistent with the purpose of temporarily transferring the right to use the house, and it is easy to cause disputes due to the return of the house. Moreover, the lease contract is a creditor's right relationship, which is permanently different from the real right. If the lease term is too long, it is not conducive to the improvement of the leased house. Therefore, Article 2 14 of the Contract Law stipulates: "The lease term shall not exceed 20 years. More than twenty years, the excess is invalid. Upon the expiration of the lease term, the parties may renew the lease contract, but the agreed lease term shall not exceed 20 years from the date of renewal. Matters needing attention in signing the lease agreement 1. The main qualification of the rental house, that is, whether the contracting party is the property owner (if not, at least the corresponding authorization of the property owner). In practice, some people signed a contract with non-property owners, which caused a lot of unnecessary trouble; 2. When renting a house, you should carefully fill in the condition of the house, the decoration of the house, and the items attached to the house (such as the telephone provided with the house, etc.) to prevent disputes when returning the rent; 3. Clearly stipulate whether the renter has the right to sublease; 4. The responsibility for house repair should be clearly agreed (generally the lessor is responsible); 5. It is agreed that the lessor will issue the corresponding receipt voucher (or transfer it to the agreed account) when collecting the monthly rent; 6. Look clearly at the lease term of the person who sublets to you and the landlord. The lease term of the contract he signed with you cannot exceed the lease term of himself and the landlord; 7. It depends on whether the house is set with mortgage and other usufructuary rights; If so, whether the mortgagee is allowed to rent, and how to bear the responsibility in case the mortgage is realized. Before the house is officially delivered, both parties to the transaction should sign a "lease contract", which is beneficial to both parties. Signing the contract seemed a little troublesome at that time, but there was a saying in advance that both parties would do it according to the agreement, which had a constraint on both parties. In this way, there would be fewer unnecessary contradictions in the future, and conflicts would be well documented to avoid big troubles. The house lease contract [2] belongs to the real estate lease contract and is a kind of lease contract. According to Article 212 of China's Contract Law, a lease contract is a contract in which the lessor delivers the leased property to the lessee for use and profit, and the lessee pays the rent. Housing lease contract is a kind of commitment contract, that is to say, once signed, it is legally binding on both parties. The lessor should not only deliver the house as the subject matter on schedule, but also meet the agreed purpose of use. The lessor in a house lease contract is generally the owner of the house, but not limited to the owner. Anyone who has the legal right to use the subject matter has the right to transfer the subject matter he uses to others and become a lessor. The lessee shall not claim that the contract is invalid and refuse to pay the rent on the grounds that the lessor does not enjoy the ownership of the house, and can only ask the lessor to bear the liability for breach of contract. At the same time, Article 224 of the Contract Law stipulates that the lessee may sublet the leased property to a third party with the consent of the lessor. If the lessee sublets, the lease contract between the lessee and the lessor shall remain valid, and if a third party causes losses to the leased property, the lessee shall compensate for the losses. This clause stipulates the lessee's right to sublease, indicating that the lessee can exercise part of the lessor's rights as long as he has the legal authorization of the lessor, but the exercise of the rights is limited to some extent. As the house is a special object, both parties should clearly stipulate the quality and quantity of the subject matter in the lease contract. Quality refers to the internal structure of the house, the building materials used and the corresponding supporting facilities, while quantity refers to the area of the house and the number of rooms. This is the main clause of the house lease contract, and it is also the basis for the lessor to collect rent. If the lessor fails to deliver the subject matter as agreed or the delivered subject matter does not meet the agreed conditions, for example, there is an error between the housing area and the contract, it shall be deemed that the subject matter delivered by the lessor is defective, and the lessee may demand that the other party be held liable for breach of contract, notify the other party in writing to terminate the contract, or both parties may negotiate to reduce the rent and change the contract content. If the house delivered by the lessor does not conform to the agreement, can the lessee use other means such as refusing to pay the property management fee to counter it? It depends on what both parties have agreed in the contract. If both parties agree that the property management fee shall be paid by the lessee, the lessee shall not refuse to pay the property management fee. The rent is collected by the lessor and is the consideration for the lessee to use the house; The property management fee is charged by the property management company, which is the fee charged by the property management company for providing services to all owners and tenants through its own business activities. The two are not legal relations and cannot be confused. However, if there is no specific agreement on this matter in this contract, 2 Lessor of model contract (hereinafter referred to as Party A): Lessee (hereinafter referred to as Party B): According to the Contract Law of People's Republic of China (PRC) and other relevant laws and regulations, Party A and Party B have reached an agreement on the matter that Party A rents the house to Party B and Party B rents the house to Party A on the basis of equality and voluntariness, so as to clarify the rights and obligations of both parties. Article 1 Ensure that the house conforms to the relevant provisions of the state. Party A guarantees that the leased property conforms to the national regulations on leased property. Article 2 The location, area, decoration and facilities of the house are 1. The house leased by Party A to Party B is located in (province, city) (district, county); The house number is. 2. The area of the rented house is * * * square meters (building area/interior area/interior area). 3. See the annex to this contract for the details of the existing decoration, facilities and equipment of this house. This annex serves as the acceptance basis for Party A's delivery to Party B for use in accordance with the provisions of this contract and for Party B's return of the house at the expiration of the lease term of this contract. Article 3 For the items that Party A needs to provide, Party A needs to provide real estate license (or valid lease right certificate), identity certificate (business license) and other documents, and Party B needs to provide identity documents. After verification, both parties can copy each other's files for storage. All copies are for the use of this lease only. Article 4 The lease term and purpose are 1, and the lease term of the house is * * * months. From year month day to year month day. 2. Party B promises to Party A that the house is for lease only. 3. Upon the expiration of the lease, Party A has the right to take back the leased house, and Party B shall return it as scheduled. If Party B needs to renew the lease, it shall notify Party A in writing one month before the lease expires, and sign the lease contract again after Party A agrees. Article 5 Rent and payment method: 1. The monthly rent of the house is RMB (ten thousand yuan only). The total rent is RMB (ten thousand yuan only). 2. The payment method of the rent is as follows: Party A shall provide a valid receipt to Party B after receiving the payment. Article 6 The relevant expenses and taxes during the lease period are 65,438+0. Expenses borne by Party A: During the lease period, the property tax of the house and land shall be paid by Party A according to law. If the relevant government departments levy fees related to the house not specified in this contract, Party A shall bear them. 2. Party B shall pay the following expenses: (1) Party B shall pay its own expenses on time. (2) Party A shall not arbitrarily increase the expenses not explicitly paid by Party B in this contract. Article 7 Maintenance and use of the house During the lease term, Party A shall ensure the safety of the use of the leased house. Unless otherwise agreed by both parties in this contract and supplementary terms, Party A shall be responsible for the maintenance of the house and its ancillary facilities (except for improper use by Party B). If Party A proposes to carry out maintenance, it shall notify Party B in writing days in advance, and Party B shall actively assist and cooperate. After Party B requests maintenance from Party A, Party A shall provide maintenance services in time. Party A has no obligation to repair the decoration part of Party B. 2. Party B shall reasonably use the leased premises and its ancillary facilities. If the house and facilities are damaged due to improper use, Party B shall be responsible for maintenance or economic compensation immediately. If Party B changes the internal structure of the house, decorates or sets up equipment that has an impact on the structure of the house, its design scale, scope, technology, materials and other schemes must be approved by Party A in writing before construction. Unless otherwise agreed by both parties, Party A has the right to choose one of the following rights: (1) The accessory decoration of the house belongs to Party A; (2) Party B is required to restore to its original state. (3) Charge Party B the actual cost of the restoration project. Article 8 1 Transfer and sublease of the house. During the lease term, Party A has the right to transfer the leased house in accordance with legal procedures. After the transfer, this contract will remain valid for the new owner and Party B. 2. Without the consent of Party A, Party B shall not sublet or lend the leased house to others. 3. When Party A sells the house, it must notify Party B in writing months ago. Under the same conditions, Party B has the preemptive right. Article 9 Modification, rescission and termination of the contract 1. Both parties can negotiate to change or terminate the contract. 2. If Party A commits one of the following acts, Party B has the right to terminate the contract: (1) The house cannot be provided or the provided house does not meet the agreed conditions, which seriously affects the residence. (2) Party A fails to fulfill the obligation of house repair, which seriously affects the residence. 3. During the lease period, if Party B commits any of the following acts, Party A has the right to terminate the contract and take back the leased house; (1) sublease or lend the leased house to others without Party A's written consent. (2) Dismantle and change the structure of the mobile house without Party A's written consent. (3) Damage the leased house and fail to repair it within a reasonable period of time proposed by Party A. (4) Change the lease purpose of the house agreed in this contract without Party A's written consent. (5) Use the leased premises to store dangerous goods or engage in illegal activities. (6) Party B fails to pay all the expenses agreed in this agreement on time, causing serious damage to Party A. (7) The rent is overdue for more than months. 4. Before the lease expires, if Party B needs to renew the lease, it shall notify Party A in writing or by telephone one month before the lease expires. After the lease expires, if Party A still wants to rent it, Party B has the priority to rent it under the same conditions. 5. When the lease expires, the contract will terminate naturally. 6. If the contract cannot be performed due to force majeure, the contract shall be terminated. Article 10 Acceptance of house delivery and recovery 1. Party A shall ensure that the leased property itself and its ancillary facilities and equipment are in normal use. 2. Both parties should participate in the acceptance. Any objection to hardware facilities such as decoration and appliances shall be raised on the spot. If it is difficult to detect and judge on the spot, it should be advocated to the other party within days. 3. After the lease expires, Party B shall return the leased premises and ancillary facilities to Party A.. 4. When Party B returns the house to Party A, it shall keep the house, facilities and equipment intact, and shall not leave anything behind or affect the normal use of the house. Party A has the right to dispose of the articles retained without consent. Article 11 Agreement on Handling Party A's Liability for Breach of Contract 1. If Party A terminates the contract because it cannot provide the house agreed in this contract, it shall pay Party B a penalty of% of the total rent of this contract. In addition to paying the liquidated damages as agreed, Party A shall also compensate the losses other than the liquidated damages. 2. If Party B requires Party A to continue to perform the contract, Party A shall pay Party B a late fee of times the daily rent for each day overdue. Party A shall also bear the losses caused to Party B due to overdue delivery. 3. If Party B organizes maintenance due to Party A's delay in performing maintenance obligations or emergency, Party A shall pay Party B the expenses or deduct the rent, but Party B shall provide valid certificates. 4. If Party A takes back the house in advance in violation of this contract, it shall pay liquidated damages to Party B at% of the total contract rent. If the liquidated damages paid are insufficient to make up for Party B's losses, Party A shall also be liable for compensation. 5. If this contract is invalid due to defective ownership or illegal rental, Party A shall compensate Party B for the losses. Article 12 Party B's liability for breach of contract 1. During the lease term, if Party B commits any of the following acts, Party A has the right to terminate the contract and take back the house, and Party B shall pay Party A liquidated damages at the rate of% of the total contract rent. If the liquidated damages paid are not enough to make up for Party A's losses, Party B shall also be responsible for compensation until all losses are made up. (1) sublease or lend the house to others for use without the written consent of Party A; (2) Dismantling or changing the house structure or damaging the house without the written consent of Party A; (3) Change the lease purpose agreed in this contract or use the house for illegal activities; (4) Arrears of rent for more than months. 2. During the lease term, if Party B fails to pay the fees agreed in this contract, Party B shall pay a late fee of% of the total fees to Party A for each day overdue. 3. During the lease term, if Party B withdraws the lease without the consent of Party A, Party B shall pay Party A a penalty of% of the total contract rent. If the liquidated damages paid are not enough to make up for the losses of Party A, Party B shall also be liable for compensation. 4. If Party B fails to pay the rent on time, Party B shall pay a late fee of twice the daily rent for each day overdue. 5. After the lease expires, Party B shall return the house as scheduled. If Party B fails to pay it back within the time limit, Party B shall pay Party A a penalty of twice the original rent for each day overdue. Party B shall also bear the losses caused to Party A due to overdue return. The lessor has no right to ask the lessee to pay the property management fee. [3] Lease Contract House lease agreement: Lessor (Party A): Lessee (Party B): ID number: ID number: To sum up, through the above introduction, we can see that there are relevant laws to manage in modern Chinese laws. In the modern society of China, the law is gradually improving, and a relatively complete legal system has been established. The above is the relevant introduction of contract law and housing lease contract in Chinese legal literature, hoping to help everyone.