Standard template of house lease contract

Housing lease contract refers to the agreement signed by the lessee and lessor on the rights and obligations related to housing lease.

A house lease contract can make the lessor and the lessee clear their respective obligations and rights. Individual housing lease contract should not be too simple, nor too complicated, so that people can't see the key points. Be sure to choose the most used and effective standard template of individual housing lease contract. The ordinary version of the house lease contract can be written simply and clearly as long as it conforms to the wishes of both parties, and its language does not need to be specialized.

I. Characteristics

Housing lease contract is an important form of property lease contract, which has the following characteristics compared with general property lease contract:

1. The house lease contract is a real estate lease contract. According to the type of the leased property, the lease contract can be divided into movable property lease contract and real estate lease contract. Housing lease contract is a contract with housing as the subject matter, which belongs to real estate lease contract.

2. The relativity of contract will be limited by law. The specific manifestations are as follows: ① the restriction of the principle of "buying and selling does not break the lease" on the assignee of the house. In order to protect the interests of the lessee, the law has established the principle of "buying and selling does not break the lease". According to this principle, if the ownership of the leased house changes during the lease period, the original lease contract is still valid for the lessee and assignee. Article 229 of China's Contract Law stipulates that if the ownership of the leased property changes during the lease period, the validity of the lease contract will not be affected. ② The lessee's preemptive right. Article 13 of the Measures for the Administration of Commercial Housing Lease stipulates that if the lessor sells the leased house during the lease period, it shall notify the lessee within a reasonable period before the sale, and the lessee shall have the preemptive right under the same conditions.

3, the longest period shall not exceed twenty years. Article 2 14 of the Contract Law stipulates: "The lease term shall not exceed 20 years. More than twenty years, the excess part 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.

Second, classification

According to different standards, housing lease contracts can be classified in different ways:

1, residential housing lease contract and production and operation housing lease contract.

According to the different purposes and uses of housing lease contracts, housing lease can be divided into residential housing lease contracts and production and operation housing lease contracts.

2. Public rental contracts and private rental contracts.

According to the different nature of rental housing ownership, housing lease contracts can be divided into public housing lease contracts and private housing lease contracts.

3. Term lease contracts and indefinite lease contracts.

According to whether the lease contract has a lease term, it can be divided into fixed-term lease contract and indefinite lease contract.

Third, the content

Article 7 of the Measures for the Administration of Commercial Housing Leasing stipulates that the parties to housing leasing shall conclude a lease contract according to law. The contents of the house lease contract shall be agreed by both parties, and generally include the following contents:

(a) the name and domicile of the parties to the house lease;

(2) Location, area, structure, ancillary facilities, furniture, household appliances and other indoor facilities;

(3) The amount and payment method of rent and deposit;

(four) the purpose and use requirements of the leased house;

(five) the safety performance of houses and indoor facilities;

(6) Term of lease;

(seven) housing maintenance responsibility;

(eight) payment of property services, water, electricity, gas and other related expenses;

(nine) dispute resolution and liability for breach of contract;

(10) Other agreements.

The parties to a house lease shall stipulate in the house lease contract the measures to be taken when the house is expropriated or demolished.

The construction (real estate) management department may, jointly with the administrative department for industry and commerce, formulate a model text of the house lease contract for the parties to choose.

1, contract entity

The main body of a house lease contract includes the lessor and the lessee, and both parties shall specify the lessor's name and domicile when concluding the contract.

2. Living conditions

The subject matter of a house lease contract is a specific house, and the specificity of the house depends on the location, area, structure, decoration facilities and condition of the house.

3. Lease period

The lease term refers to the period during which the lessor transfers the right to use the house and the right to income to the lessee. China's laws stipulate that the lease term shall not exceed 20 years. More than 20 years, more than part is invalid.

4. Purpose of lease

The purpose of lease refers to the purpose of the lessee to use the leased house, including engaging in production, operation and life. The purpose of the house is determined by the planning department at the time of construction, and the parties shall not change the purpose of the house without authorization.

Step 5 pay rent

Rent is the remuneration paid by the lessee to the lessor for obtaining the right to use the house for a certain period of time, and it is the consideration paid by the lessee to the lessor. Rent can be paid by cash, check, money order, etc. The payment period of the rent shall be freely agreed by both parties. Article 226 of the Contract Law stipulates that the lessee shall pay the rent within the agreed time limit. If the payment period is not agreed or clearly agreed, it cannot be determined according to the provisions of Article 61 of this Law. If the lease term is less than one year, it shall be paid at the expiration of the lease term; If the lease term is more than one year, it will be paid every year; if the remaining term is less than one year, it will be paid at the expiration of the lease term.

6, house repair

In order to ensure that the house is always in a safe and applicable state during the lease period, both parties shall agree on the maintenance responsibility for natural or man-made damage to the house during the lease period. Article 220th of the Contract Law stipulates that the lessor shall perform the maintenance obligations of the lease item, unless otherwise agreed by the parties.

7. Liability for breach of contract

Liability for breach of contract When signing a contract, both parties should think about the possible breach of contract and stipulate the corresponding punishment methods in the contract. For example, if the lessee fails to pay the rent on time, the lessor can terminate the contract in advance and let it move out; If the lessor fails to provide furniture as agreed, the lessee can negotiate with him to reduce the rent.

Four, the housing lease contract model

Lessor (hereinafter referred to as Party A): _ _ _ _ ID number: _ _ _ _ _ _? * * * Name of personnel: _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Lessee (hereinafter referred to as Party B): _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

* * * Same lessee: _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

In order to make full use of Party A's idle houses and meet Party B's living needs. In accordance with the Contract Law of People's Republic of China (PRC) and relevant regulations, in order to clarify the rights and obligations of both parties, the two parties entered into this contract on the principles of voluntariness, equality and equivalence through full consultation.

Article 1 Lease content

1. Party A is located in the residential area of Kunming, with a steel-concrete structure and a construction area of 0.00 square meters. Property Ownership CertificateNo.: The house is leased to Party B for residential use. Party A owns the legal property right of the leased house, and its source is legal.

2. The house provided by Party A for Party B includes fire-fighting facilities, power supply and distribution, water supply, telephone, Internet access and other equipment. The operation and maintenance expenses of the above equipment are included in the rent, and Party B will not pay separately.

Article 2 Term of lease

The lease term is _ _ _ _ years, from _ _ _ to _ _ _ _.

Article 3 Rent

The rent is calculated according to the whole house, and it is _ _ _ _ _ _ _ yuan per year, and the rent is _ _ _ _ _ _ _ _ yuan per year.

Article 4 Rights and obligations of both parties

(The above answers were published on 2015-11-12. At present, please refer to the actual situation for the relevant purchase policy. )

For more real estate information, policy interpretation and expert interpretation, click to view.