Does the house lease contract need to be stamped with the house property?

1. Does the lease contract need the seal of the property company?

Generally speaking, a rental contract does not require a property seal. It is generally required by the campus property or the owner. Some property management standards will require the lessee to record the property management situation to facilitate the management of the floating population. The lease contract shall come into effect after being signed by both parties.

2. What are the characteristics of the lease contract?

Mainly has the following legal characteristics:

1. A house lease contract is a contract to transfer the right to use a house.

This is the difference between it and the sales contract. The latter is for the purpose of transferring the ownership of things. Because the house lease contract only transfers the right to use the house, the lessee can only use the leased house in accordance with the contract, but not dispose of it. When the lessee goes bankrupt, the leased house is not included in the bankruptcy property, and the lessor has the right to recover it.

2. The house lease contract is a promise, double service and paid contract.

The house lease contract was established when the two parties reached an agreement. The delivery of the house is not an essential element of the contract, so it is a promise contract rather than a practice contract. Both parties have mutual rights and obligations. This is a bilateral contract. The lessor rents the house for rent, and the lessee pays the rent for the right to use the house, so the lease contract is a paid contract.

3. The house lease contract is temporary.

The housing lease contract transfers the right to use the leased house, so the lease term should not be too long, otherwise it is inconsistent with the purpose of temporarily transferring the right to use the house, and it is easy to cause disputes due to the return of the house. Moreover, the lease contract is a creditor's right relationship, which is permanently different from the real right. If the lease term is too long, it is not conducive to the improvement of the leased house. Therefore, the Civil Code stipulates: "The lease term shall not exceed twenty years. More than twenty years, the excess is invalid. When the lease term expires, the parties may renew the lease contract, but the agreed lease term shall not exceed 20 years from the date of renewal. "

Third, what problems should be paid attention to when signing a rental contract?

1. Signing the house lease contract is the proof of formally establishing the lease relationship. When signing the lease, it is required to submit the "Notice of Housing Allocation" or the "House Exchange Agreement" issued by the housing allocation unit, and it is required to submit the official household registration of the city residents. The name of the contractor shall prevail.

2. The housing contract shall be filled in in a unified way and shall not be changed without authorization. If there is any reserved rent, contract kitchen, or other agreed contents, it should be clearly filled in the "postscript" column of the lease to avoid lease disputes.

3. After the user enters the house, he should go to the house site with the user to check the house decoration equipment and hand it over to the user. After the checkpoint is handed in correctly, fill in the "Decoration Equipment Receipt Form". Fill in the method according to the requirements of the decoration equipment registration instructions. Does not include the equipment installed after the user checked in.

4. In order to grasp the basic situation of tenants, the housing manager should establish a "household handbook" to check the real situation of tenants renting real estate.

5. The house lease contract shall be made in duplicate, one for each party, and shall come into effect after being signed and sealed by both parties. If there are any matters not covered, both parties shall agree separately. If both parties agree, notarization is also acceptable.

6. The starting date of rent should be determined according to the different conditions of check-in. The newly-taken-over house is rented according to the date determined in the notice of taking over; New houses will be rented from the date of approval; When changing houses, the booking dates should be connected; New distributor. According to the allocation approval, the rent will be paid from the date of handling the licensing procedures.

According to Article 704 of the Civil Code, the contents of a lease contract generally include the name, quantity, purpose, lease term, rent, payment term and method, maintenance and other terms of the lease item.

Does the lease contract need the seal of the property company? Generally speaking, the lease contract does not need to be stamped with the property seal, and the signing of the house lease contract is the proof of formally establishing the lease relationship. When signing the lease, it is required to submit the "Notice of Housing Allocation" or the "House Exchange Agreement" issued by the housing allocation unit, and it is required to submit the official household registration of the city residents. The name of the contractor shall prevail.

Legal objectivity:

Article 54 of People's Republic of China (PRC) Urban Real Estate Management Law stipulates that the lessor and the lessee shall sign a written lease contract, stipulating the lease term, lease purpose, lease price, repair responsibility and other rights and obligations of both parties, and register with the real estate management department for the record.