What are the legal provisions of the house lease contract?

(1) The house lease contract is a kind of lease contract. According to Article 2 12 of China's Contract Law, we can read as follows:

1. A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and profit, and the lessee pays the rent. Housing lease contract is a kind of commitment contract, that is to say, once signed, it is legally binding on both parties. The lessor should not only deliver the house as the subject matter on schedule, but also meet the agreed purpose of use.

2. The lessor in the house lease contract is generally the owner of the house, but not limited to the owner. Anyone who has the legal right to use the subject matter has the right to transfer the subject matter he uses to others and become a lessor.

3. The lessee shall not claim that the contract is invalid and refuse to pay the rent on the grounds that the lessor does not enjoy the ownership of the house, and can only ask the lessor to bear the liability for breach of contract.

(2) At the same time, according to Article 224th of the Contract Law, the contents are as follows:

With the consent of the lessor, the lessee may sublet the lease item to a third party. If the lessee sublets, the lease contract between the lessee and the lessor shall remain valid, and if a third party causes losses to the leased property, the lessee shall compensate for the losses.

This clause stipulates the lessee's right to sublease, indicating that the lessee can exercise part of the lessor's rights as long as he has the legal authorization of the lessor, but the exercise of the rights is limited to some extent.

1. If the house delivered by the lessor does not conform to the agreement, it depends on the agreement of both parties in the contract;

2. If both parties agree that the property management fee shall be paid by the lessee, the lessee shall not refuse to pay the property management fee;

3. The rent is collected by the lessor, which is the consideration for the lessee to use the house;

4. The property management fee is charged by the property management company, which is the fee charged by the property management company for providing services to all owners and tenants through its own business activities. The two are not legal relations and cannot be confused. However, if there is no specific agreement in the contract, the lessor has no right to ask the lessee to pay the property management fee.

Extended data

Matters needing attention in housing lease contract

rent

1. Check the lessor's property certificate and valid identity documents;

2. Review the lessor's house lease certificate;

3. When signing a rental contract, ask what the rent contains, and who will bear the water, electricity, heating, gas (natural gas) and property management fees;

4. Require the lessor to pay water, electricity, heating, gas (natural gas) and other expenses before renting the house;

5. Payment method.

leaser

1, check the identity certificate, and see if people from other provinces and cities have legal residence certificates;

2. When the lessee uses the house, it is stipulated in the contract that there shall be no illegal acts.

Houses under any of the following circumstances shall not be rented:

1, no legal house ownership certificate;

2. The judicial organs and administrative organs shall rule and decide to seal up or restrict real estate rights in other forms according to law.

3.* * * I haven't got a house * * * Some people have opinions;

4. The ownership is disputed;

This is an illegal building.

Baidu encyclopedia-house lease