Jurisdiction of housing lease contract

The jurisdiction of housing lease contract mainly involves the settlement place and applicable law of lease disputes, which is of great significance to protect the rights and interests of both parties to the lease.

First, the basic principles of the jurisdiction of the housing lease contract

In disputes over housing lease contracts, the determination of jurisdiction usually follows the following principles: first, determine the court of jurisdiction according to the contract; Secondly, if there is no agreement or unclear agreement in the contract, the competent court shall be determined according to law.

Second, contract jurisdiction.

When signing a house lease contract, both parties may stipulate the jurisdiction of the court. The agreement should be clear, specific and in accordance with the law. Generally speaking, both parties can choose the court where the leased property is located, where the contract is performed and where the defendant is domiciled as the competent court. The agreed jurisdiction of the court shall be legal and reasonable, and shall not violate the mandatory provisions of the law.

Third, statutory jurisdiction.

If the housing lease contract does not stipulate jurisdiction or the agreement is invalid, the court of jurisdiction shall be determined according to law. According to the relevant provisions of China's Civil Procedure Law, disputes over housing lease contracts are generally under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. If the place of performance of the contract is not clear, the place of performance of the contract may be determined according to factors such as the nature and use of the lease item.

Four, the jurisdiction of foreign-related housing lease contract

For disputes over foreign-related housing lease contracts, the determination of jurisdiction should follow the relevant provisions of private international law. Generally speaking, a foreign-related contract may stipulate the application of foreign laws, but the agreed court of jurisdiction has jurisdiction. At the same time, Chinese courts also have certain jurisdiction over foreign-related housing lease contract disputes, which should be judged according to the case situation and legal provisions.

To sum up:

The jurisdiction of the housing lease contract involves the protection of the rights and interests of both parties to the contract and the way of dispute settlement. When signing the contract, both parties should clearly stipulate the jurisdiction court to ensure that the dispute can be resolved in a timely and effective manner. If the contract is not stipulated or the agreement is invalid, the court with jurisdiction shall be determined according to law. When dealing with disputes over foreign-related housing lease contracts, we should follow the relevant provisions of private international law.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 33 provides that:

The following cases shall be under the exclusive jurisdiction of the people's court as stipulated in this article:

(a) the lawsuit brought by the real estate dispute shall be under the jurisdiction of the people's court where the real estate is located;

People's Republic of China (PRC) Civil Code

Article 703 stipulates:

A lease contract is a contract in which the lessor delivers the lease item to the lessee for use and income, and the lessee pays the rent.

The Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC)

Article 28 provides that:

The real estate dispute stipulated in the first paragraph of Article 33 of the Civil Procedure Law refers to the real right dispute caused by the confirmation, division and adjacent relationship of real estate rights. Disputes over rural land contract management contracts, housing lease contracts, construction project contracts and policy housing sales contracts shall be governed by real estate disputes.