Job Recruitment Website - Property management company - The most effective way not to move out when the lease expires.
The most effective way not to move out when the lease expires.
1, the situation of both parties
2, the specific situation of the house, the specific location of the house, indicating the exact location of the house, such as a house on a certain road; Housing area; House decoration, briefly describing the house wall, doors and windows, floor, ceiling, kitchen and bathroom decoration; Equipped with facilities and equipment, briefly list the furniture, household appliances, kitchen equipment and bathroom equipment prepared by the lessor for the lessee in the house; The property right and owner of the house, indicating what kind of property right the house is, who the owner is, the relationship between the lessor and the owner, and whether it is entrusted by the owner to rent the house.
3. The purpose of the house mainly explains the following two points: whether the house is used for the tenant's self-occupation, the tenant's family residence, or whether the tenant or his family is allowed to share with others; Can housing be used only for living, or can it be used for other purposes, such as office.
4. Lease period
Since the lessee does not want to move frequently and the lessor does not want to find a new lessee in a short time, both parties need a relatively stable period of time, so it is necessary to stipulate a time limit in the contract. During this period, if there are no special circumstances, the lessor shall not take back the house, and the lessee shall not abandon the house and rent another house. After the deadline, the lessee will return the house to the lessor. If the lessee wants to continue renting the house, he should inform the lessor in advance. After negotiation, with the consent of the lessor, the lessee can continue to lease the house. If the lessee wants to move out but fails to find a suitable new residence,
The lessor shall extend the lease term appropriately.
5. Rent and payment method The rent of the house shall be determined through consultation between the lessor and the lessee. During the lease term, the lessor shall not raise the rent without authorization. The payment methods of rent are generally annual, semi-annual and quarterly. If you pay the rent for a long period in one lump sum, you can bargain with the lessor and ask for some concessions. However, from the perspective of the lessee's economic affordability, the economic burden caused by monthly or quarterly payment is relatively small.
6. The lessor is the owner of the house or the principal of the owner, so it is the lessor's responsibility to repair the house. The lessee should carefully check the house and its internal facilities before leasing to ensure that it can be used normally in the future. If the house or facilities are damaged during normal use, the lessee shall promptly notify the lessor to ask the property management company for maintenance. However, if damage is caused by the lessee's improper use, the lessee shall be responsible for maintenance or compensation. If the lessor is unable to repair the house, the lessee can jointly contribute to the maintenance, and the maintenance expenses borne by the lessee can offset the rent payable or be repaid by the lessor in installments.
7. When the housing situation changes, the lessee shall take good care of the housing and various facilities, and shall not dismantle, modify, expand or increase it without authorization. If it is really necessary to change the house, it must obtain the consent of the lessor and sign a written agreement.
8. Agreement on Sublease Some lessees rent houses not for self-occupation, but to obtain rental income through subletting. Because this sublease behavior affects the interests of the lessor, both parties should stipulate sublease in the contract. If sublease is allowed, both parties can negotiate to determine the proportion of sublease income; If subletting is not allowed, and the lessee sublets it without authorization, the lessor has the right to terminate the lease contract.
9. Liability for breach of contract When signing a contract, both parties should think about the possible breach of contract and stipulate corresponding punishment measures in the contract. For example, if the lessee fails to pay the rent on time, the lessor can terminate the contract in advance and let it move out; If the lessor fails to provide furniture as agreed, the lessee can negotiate with him to reduce the rent.
10. Modification and termination of the lease contract If the lessor and the lessee think it necessary to change the above contract terms, such as lease term and rent, etc. Both parties can negotiate to change the contract. If the lessee needs to exchange houses with others due to job changes, it shall obtain the consent of the lessor in advance. After the house is changed, the original lease contract is terminated, and the lessor and the new lessee sign a new lease contract. If one of the lessor and lessee wants to terminate the contract before the expiration of the contract, it shall notify the other party in advance and give the other party some compensation according to the contract or negotiation. When the contract expires, it will terminate naturally.
Legal basis:
The standard clauses in Article 496 of the General Principles of Civil Law of People's Republic of China (PRC) are drawn up by the parties in advance for reuse, and they were not negotiated by both parties when concluding the contract. Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures such as exempting or lightening their responsibilities to remind the other party of the terms that have a significant interest in them, and explain the terms according to the requirements of the other party. If the party providing the standard terms fails to perform the obligation of prompting or explaining, so that the other party fails to pay attention to or understand the terms with which it has a significant interest, the other party may claim that the terms will not become the content of the contract.
Article 704 The contents of a lease contract generally include terms such as the name, quantity, purpose, lease term, rent, payment term and method, and maintenance of the lease item.
Article 705 The lease term shall not exceed 20 years. More than twenty years, the excess is invalid. At the expiration of the lease term, the parties may renew the lease contract; However, the agreed lease term shall not exceed twenty years from the date of renewal.
Article 706 Failure of the parties to go through the formalities of registration and filing of the lease contract in accordance with the provisions of laws and administrative regulations shall not affect the validity of the contract.
Article 707 Where the lease term is more than six months, it shall be in written form. If the parties fail to determine the lease term in writing, it shall be regarded as an indefinite lease.
Article 708 The lessor shall deliver the lease item to the lessee in accordance with the contract, and keep the lease item in line with the agreed purpose during the lease period.
Article 709 The lessee shall use the lease item in accordance with the agreed method. If the method of using the lease item is not prescribed or clearly prescribed, and cannot be determined according to the provisions of Article 510 of this Law, it shall be used according to the nature of the lease item.
Article 710 Where the lessee uses the lease item in accordance with the agreed method or the nature of the lease item, thereby causing losses to the lease item, it shall not be liable for compensation.
Article 711 Where the lessee fails to use the lease item in accordance with the agreed method or the nature of the lease item, thereby causing losses to the lease item, the lessor may terminate the contract and demand compensation for the losses.
Article 712 The lessor shall perform the maintenance obligations of the lease item, unless otherwise agreed by the parties.
Article 713 Where the lease item needs maintenance, the lessee may require the lessor to maintain it within a reasonable period of time. If the lessor fails to perform the maintenance obligation, the lessee can carry out the maintenance by himself, and the maintenance expenses shall be borne by the lessor. If the maintenance of the leased property affects the lessee's use, the rent shall be reduced or the lease term shall be extended accordingly. If the lease item needs maintenance due to the fault of the lessee, the lessor shall not undertake the maintenance obligation specified in the preceding paragraph.
Article 714 The lessee shall take good care of the lease item, and shall be liable for compensation if the lease item is damaged or lost due to improper care.
Article 715 The lessee may, with the consent of the lessor, improve or add the lease item. If the lessee improves or adds other things to the lease item without the consent of the lessor, the lessor may require the lessee to restore the original state or compensate for the losses.
Article 716 The lessee may sublease the lease item to a third person with the consent of the lessor. If the lessee sublets, the lease contract between the lessee and the lessor shall remain valid; If a third party causes losses to the lease item, the lessee shall compensate for the losses. If the lessee sublets without the consent of the lessor, the lessor may terminate the contract.
Article 717 Where the lessee subleases the lease item to a third person with the consent of the lessor, if the sublease term exceeds the remaining lease term of the lessee, the agreement beyond the lease term is not legally binding on the lessor, unless otherwise agreed by the lessor and the lessee.
Article 718 Where the lessor knew or should have known about the sublease, and did not raise any objection within six months, it shall be deemed that the lessor agreed to sublease.
Article 719 Where the lessee is in arrears with the rent, the sublessor may pay the rent owed and liquidated damages on his behalf, except that the sublease contract is not legally binding on the lessor. The rent and liquidated damages paid by the sublessor can offset the rent that the sublessor should pay to the lessee; If it exceeds the amount of rent payable, it may claim compensation from the lessee.
Article 720 During the lease term, the proceeds from the possession and use of the lease item shall belong to the lessee, unless otherwise agreed by the parties.
Article 721 The lessee shall pay the rent at the agreed time limit. If the time limit for paying the rent is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 510 of this Law, if the lease period is less than one year, it shall be paid at the expiration of the lease period; If the lease term exceeds one year, it will be paid annually; if the remaining term is less than one year, it will be paid at the expiration of the lease term.
Article 722 Where the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.
Article 723 Where the lessee is unable to use the lease item or benefit from it due to the claim of a third party, the lessee may request to reduce the rent or not pay the rent. Where a third party claims rights, the lessee shall promptly notify the lessor.
Article 724 Where the lease item cannot be used due to any of the following circumstances, the lessee may terminate the contract: (1) The lease item is sealed up or detained by a judicial organ or an administrative organ according to law; (2) The lease right is disputed; (3) The leased property violates the mandatory provisions of laws and administrative regulations on the conditions of use.
Article 725 According to the lease contract, if the ownership of the lease item changes during the lessee's possession, the validity of the lease contract will not be affected.
Article 726 Where the lessor sells the leased house, it shall notify the lessee within a reasonable period before the sale, and the lessee shall have the preemptive right under the same conditions; Except that the house is preempted by the owner or the lessor sells the house to a close relative. After the lessor performs the notification obligation, if the lessee fails to explicitly express the purchase within fifteen days, it shall be deemed that the lessee has waived the preemptive right.
Article 727 Where the lessor entrusts the auctioneer to auction the leased house, it shall notify the lessee five days before the auction. If the lessee fails to participate in the auction, it shall be deemed as giving up the preemptive right.
Article 728 Where the lessor fails to notify the lessee or there are other circumstances that prevent the lessee from exercising the preemptive right, the lessee may request the lessor to bear the liability for compensation. But it does not affect the validity of the house sales contract concluded between the lessor and the third party.
Article 729 Where the lease item is damaged or lost due to reasons not attributable to the lessee, the lessee may request that the rent be reduced or not paid. If the purpose of the contract cannot be achieved due to partial or total damage or loss of the lease item, the lessee may terminate the contract.
Article 730 The term of the lease is not prescribed or clearly prescribed by the parties, and cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be regarded as an indefinite lease; The parties may terminate the contract at any time, but shall notify the other party before a reasonable period.
Article 731 Where the lease item endangers the safety or health of the lessee, the lessee may terminate the contract at any time, even if the lessee knew that the quality of the lease item was unqualified when concluding the contract.
Article 732 If the lessee dies during the lease of the house, the person who lived with him before his death or the joint operator may lease the house in accordance with the original lease contract.
Article 733 Upon expiration of the lease term, the lessee shall return the lease item. The returned lease item shall conform to the state after use in accordance with the agreement or the nature of the lease item.
Article 734 Where the lessee continues to use the lease item at the expiration of the lease term, and the lessor does not raise any objection, the original lease contract shall remain valid, but the lease term is indefinite. At the expiration of the lease term, under the same conditions, the lessee has the priority to lease.
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