Job Recruitment Website - Property management - Tenants must see that when renting a house, these houses may be risky!
Tenants must see that when renting a house, these houses may be risky!
First, the house itself cannot be rented, which leads to the invalidation of the contract.
1. Affordable housing
Affordable housing refers to the non-rentable housing provided by the government in the process of implementing classified security for low-and middle-income families by limiting the supply target, construction standards, sales price or rent standards. At present, there are four types of affordable housing in Beijing: low-rent housing, public rental housing, affordable housing and price-limited commercial housing.
In addition, there are restrictions on school delivery rooms, military delivery rooms, small property houses and houses with the right to use, and in some cases, it is not allowed to rent. However, it should be noted that affordable housing (which can be sold after five years) is equivalent to commercial housing and can also be rented out.
Q: Why can't the house be rented? What are the risks?
A: First of all, it is a national policy to ensure that housing cannot be rented. Secondly, the most important thing is that most affordable housing does not have a title certificate, so? Lease contract? Ownership form, not eligible for rental.
2. Illegal construction
Illegal buildings cannot be rented because they have not been accepted by the state planning department, and there are a series of problems such as safety.
Q Apart from national regulations, what are the risks of renting illegal buildings?
An illegal building generally can't get the real estate license, so it can't prove that the renter is the owner of the rented house. Many speculators rent these houses at low prices and then rent them at high prices. Once there is a problem, they refuse to pay their debts or can't find anyone at all, which will bring property losses to tenants.
3. Dangerous buildings and other houses that do not meet safety standards.
There is no doubt that houses that do not meet the safety standards, such as dangerous buildings or temporary buildings in danger of collapse, cannot be rented. Living in such a house, the tenant's own safety is also facing challenges. Moreover, Article 6 of the Measures for the Administration of Urban Housing Leasing clearly stipulates that houses that do not meet safety standards shall not be rented.
? Second, incomplete documents cannot be rented, which brings risks.
1. A house without a real estate license?
When renting a house, if the landlord can't provide the real estate license or other materials or documents that can prove the ownership of the house, try not to rent it.
No matter what the other party says, even if there is? Rent at a low price? Don't rent when you are tempted. At this time, it is likely to be a fake landlord, specifically defrauding tenants of rent and deposit. When there is a problem, there is no way to cry.
For houses without real estate license, a copy of the original purchase contract (copies of the purchase contract are required) or a copy of deed tax ticket or purchase invoice (which can reflect the name and detailed property address of the property owner) or a copy of the loan contract signed with the bank should be provided. If in doubt, you should ask the developer to further implement or verify the property.
2. There is no statement that the owner agrees to rent.
Many people * * * Some properties can only be rented normally after the consent of all property owners. When signing a contract with the landlord, ask the owner of * * * to be present as much as possible. If you can't be present, you need to issue a statement that the owner agrees to rent and a power of attorney. Otherwise, after signing the contract, the owner does not agree, and the contract is invalid. Even if the rent and deposit are returned smoothly, it is a waste of time to find another house.
3. Houses with disputed ownership
It is the unclear property rights of the house. For example, the property left by the death of a relative has not been transferred or divided, and the property rights of the house are unclear, which may easily cause the contractor to have no right to dispose of the house. Ideally, the contract is also invalid. In case someone pretends to be the landlord to cheat money, it will be a big loss.
Case replay: Dagang and Xiaogang are brothers, and their elderly parents have been taken care of by Dagang, so their parents left a will and left the house to Dagang before their death. After his parents died, Xiaogang thought that he was both a son and inherited a share of the property, so he went to court with Dagang. As a result, the court ruled that the house was owned by Dagang according to the will. Xiaogang, who didn't taste the sweetness, decided to make a fortune by leasing. Since the transfer of the house has not been completed, the real estate license is still the name of the parents, so Xiaogang deceived the tenant and rented the house to the tenant Xiao Zhang. Xiao Zhang, who was anxious to rent a house, signed the contract and paid the money without asking in detail. The rental deposit totals more than 10 thousand yuan. After Dagang found that the house had been rented out, he refused to recognize the lease contract. At this time, Xiaogang's phone was turned off and no one could be found.
Case study: it is unwise for Xiao Zhang to sign a contract with Xiao Gang and pay the money when the ownership of the house is uncertain. In the rental market, such cases emerge one after another. So be sure to see the owner of the house on the real estate license. If it is not rented by the owner, a certificate of entrustment must be issued.
? Three, other laws and regulations can not be rented houses.
1. Newly-built houses that have not been comprehensively accepted by relevant state departments and have not obtained sales or lease licenses. Newly-built houses must go through comprehensive acceptance by relevant state departments, and can only be rented after obtaining a sales or lease license. Some developers or house owners are eager for quick success and instant benefit, and even rent houses that have not been accepted by the comprehensive acceptance department to tenants. This is a violation of relevant national laws and regulations and a threat to the safety of tenants.
2. The mortgaged house, before obtaining the consent of the mortgagee. Before renting a house mortgaged for various reasons, the mortgagee must agree.
3. Changing the nature of housing use in violation of regulations. Under normal circumstances, the real estate license will indicate the nature of the house. Without approval, the nature of use shall not be changed at will, such as commercial activities of residential buildings.
4. Other circumstances in which rental is prohibited by relevant laws and regulations.
? Fourth, when renting a house, how to avoid the risks brought by the house?
First of all, the tenant must not pay attention to the documents (mainly the real estate license and the other party's ID card) because he is in a hurry to rent a house, and sign a contract with others to pay the money hastily.
Second, you can't be cheap. Understand the average rent of houses in this area. What should you be careful of if the price offered by the other party is much lower than it? Fake landlord? .
Of course, you can also entrust an intermediary (you must find a formal and reputable intermediary). Although you have to pay the agency fee, the agency is also a process of checking, and you can also find it responsible if something goes wrong.
The above are some regulations and restrictions on housing leasing in the Administrative Measures for Urban Housing Leasing. As a tenant, when choosing a house, we should keep our eyes open to see if the house is not allowed to be rented, so as to avoid disputes after renting and bring unnecessary troubles or losses.
Source: Measures for the Administration of Urban Housing Lease
This content is only applicable to Beijing.
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