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What problems should be paid attention to when concluding a real estate lease contract?
1. The lessee needs to know the basic information of the lessor and the leased property.
1. As a lessee, we must first check whether the leased property is prohibited by laws and regulations, including the following situations:
(1) Failing to obtain relevant certificates of the leased property according to law;
(2) * * The leased property is not approved by * * *;
(3) The ownership is disputed.
2. As a lessee, in order to prevent fraud, it is stipulated in the contract that if the lessee is the owner of the leased property, relevant supporting documents must be provided; If the lessee is not the owner of the leased property, he must have the right to sublease.
3. In order to avoid disputes, the basic information of the leased property should be clearly stipulated in the contract, such as the specification, quality and quantity of the leased property.
Two. Term clause of lease contract In the contract, the lease term of the leased property is stipulated, and the specific lease start and end dates are specified. If the lessee uses the leased property beyond the lease term, it shall pay the lessor the overdue rent.
3. The rent clause of the lease contract
1. It is clearly stipulated in the contract that the payment method of rent is cash payment or bank transfer (the account name and bank account number should be written for bank transfer), and monthly, quarterly or annual payment is implemented.
2. The time of paying the rent is clearly stipulated in the contract, and the rent should be paid on the specific date of each month. If the lessee fails to pay within a certain grace period, it shall pay the deferred rent or liquidated damages or the lessor may terminate the contract.
Four. Margin clause of lease contract When a lease contract is concluded, both parties shall try their best to avoid risks and prevent fraud. The lessee shall pay a certain deposit or deposit to the lessor before concluding the contract, and the amount of the deposit shall be determined within the value range of the leased property according to the actual situation. At the same time, the conditions for the refund of the deposit should be clearly stipulated.
The sublease clause of the lease contract clearly stipulates whether the lessee can sublease.
1. As a lessee, with the consent of the lessor, the leased property can be subletted to a third person, and the original lease relationship between the lessor and the lessee is not affected by subletting.
2. If the lessee sublets the leased property to a third party without the consent of the lessor, the lessor may terminate the lease contract. If the leased property is damaged due to sublease, the lessee shall also be liable for compensation.
6. The clause of responsibility for proper custody of the lease contract clearly stipulates in the contract that the lessee shall properly keep the lease item during the lease period, and shall be liable for compensation if the lease item and supporting facilities are damaged or lost due to improper custody. For example, the leased property should be taken care of and used reasonably, and those who cause damage should also be liable for repair or compensation.
Seven. The maintenance responsibility clause of the lease contract clearly stipulates the maintenance responsibility in the contract. The lessor shall ensure that the lease item meets the agreed purpose, but it may also stipulate that the lessee shall undertake the maintenance obligation.
Eight. For other matters in the contract, it is suggested that the rights and obligations, liability for breach of contract and litigation jurisdiction of both parties should be clearly stipulated according to the actual situation, so as to reduce risks, perform smoothly and protect the legitimate and reasonable interests of both parties as much as possible.
The above is Bian Xiao's summary of the issues that need to be paid attention to when signing a lease contract. I hope the above information can help you solve the problem. If you have more detailed questions, you can consult online.
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