Characteristics of property lease in property lease

As a specific form of economic activity in commodity trading, property leasing has its own legal characteristics.

(1) The subject matter of house leasing is the house as a special object.

The physical characteristics of property are permanence in space, scarcity and economic preservation and appreciation. Belonging to real estate is the characteristic that distinguishes a house from any other property. Therefore, when the lessor supplies the house, it can only lend it according to the subject matter agreed in the contract and cannot replace it with other houses. When the lease contract is terminated, the lessee must also borrow the subject matter agreed in the contract and cannot replace it with other houses.

(2) The lessee only enjoys the right to use the house.

The lessee only enjoys the possession and use right of the house. Therefore, unless the lessor agrees, the leased house cannot be subletted without authorization.

(3) The lease contract must be in written form.

The sign of the establishment of housing lease relationship is that both parties to the lease have concluded a written contract. Moreover, only a written contract can clearly stipulate the rights and obligations of both parties and effectively handle disputes that may arise in the future.

(4) The lease contract must be registered according to law.

The filing and registration system is an important measure and means for the government to carry out administrative management of house leasing, and private transactions of house leasing are not allowed. After signing the lease contract, both parties shall obtain the house lease certificate.