How does the housing lease dispute settlement agreement come into effect?

1, the agreement of creditor's rights and debts should be specific, and generally do not use the word "love and debt cancel each other out". This statement will only increase the controversy.

2. It is better to have a bottom clause: after the settlement agreement is fulfilled, all creditor's rights and debts are paid off, and the parties may not make other demands. Otherwise, the parties may demand payment for the part not agreed upon. The existing cases show that the judge will support the request of the parties, which reduces the significance of reaching a settlement agreement.

3. The legal relationship between the settlement agreement and the dispute (basic legal relationship includes legal legal relationship and intentional legal relationship. The most common is the legal relationship between civil code and liability for breach of contract. It is best to have a clear explanation in the settlement agreement to reduce unnecessary disputes. For example, when the settlement agreement will take effect and when it will be lifted.

4. For the secured settlement agreement, the relationship between the guarantee and the settlement agreement should be explained in a variety of ways. For example, it is clearly stipulated in the settlement agreement that if the debtor of the settlement agreement fails to perform the settlement agreement, the guarantor will perform it on his behalf (both monetary debts and non-monetary debts will be performed by the guarantor on his behalf). That is to say, when the debtor of the settlement agreement fails to perform the settlement agreement, the guarantor will perform or assume other guarantee responsibilities instead of returning to the original legal relationship.

What are the legal effects of house leasing?

The lease contract is established after the lessor and the lessee reach an agreement on terms such as rent, duration and liability for breach of contract. Whether the established housing lease contract has legal effect is mainly reviewed from the following four aspects.

(a) whether the subject of the contract meets the requirements, that is, whether the lessor and the lessee have the constitutive requirements of effective civil acts. If it is a person without or with limited capacity for civil conduct, whether the lessor is the owner or legal user of the house.

(two) whether the house is prohibited by laws and regulations. As long as laws and regulations do not prohibit the rental of houses, they can be rented according to law. According to the regulations, houses under any of the following circumstances shall not be rented:

(1) Failing to obtain the house ownership certificate according to law;

(two) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law;

(3) * * has a room without the consent of * * * *;

(4) The ownership is disputed;

(5) Belonging to illegal construction;

(six) does not meet the safety standards;

(seven) mortgage without the consent of the mortgagee;

(8) It does not conform to the relevant regulations of public security, environmental protection, health and other competent departments;

(9) Other circumstances in which leasing is prohibited by relevant laws and regulations.

(3) Whether the contents of the house lease contract are legal.

In practice, some housing lease contracts stipulate late payment fees such as rent and utilities. It is calculated at 2% per day.

Legally speaking, this agreement is unfair because the late payment fee is very high and belongs to the revocable clause. Another common situation is that some people use rented houses to engage in illegal and criminal activities. If it is true, this kind of lease contract is invalid and not protected by national laws. If the lessor knows or should know, the rent shall be confiscated according to law.

(four) whether it has been registered for the record.

"Urban Real Estate Management Law", "Urban Housing Leasing Management Measures" and the leasing laws and regulations of this Municipality all stipulate that both parties to the lease shall go through the registration formalities with the real estate management department. In practice, there are two views on whether the unregistered lease contract is valid. One view holds that the contract is invalid, and the other view holds that the lease contract is still valid, but it is not effective against the third party.