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How to avoid the safety responsibility in the lease contract
First, the ways to escape the responsibility of renting a house are:
1. Confirm the real identity of the owner repeatedly before signing the contract. Before signing the contract, both parties should first check the authenticity of the signing subject, mainly to verify the identity of the owner. When signing a lease contract, you should check the owner's real estate license and confirm that the owner has the right to rent the house.
2. Make clear the rights and obligations of both parties and the liabilities for breach of contract. Because the uncertainty of real estate leasing is relatively large, accidents may occur because of the instability of the owner or lessee, leading to breach of contract. In order to avoid this situation, it is necessary to clearly write down the responsibilities and rights of both parties when signing the contract, clarify the responsibility attribution under different conditions and breach of contract during the lease period, and determine the form and amount of house rent and liquidated damages, so as to provide reference for problems in the later period. For example, how to solve the problem of rent withdrawal during the contract period and the rent during the contract period. , must be stipulated in the contract, there is also a controversial basis.
3. Handle the property delivery formalities in time. It is very important to deliver the leased property. Before renting a house, be sure to ask the owner about the current related expenses of the house, including property, water, electricity, heating, cable TV, broadband and other expenses. , whether there is any arrears, how to pay the fees, etc. These must be clearly asked and reflected in the contract and bound in writing.
4. It is clearly stated in the agreement that "the lessee has confirmed the safety of the house and facilities and received professional safety training, requiring the lessee to be responsible for the safety of the use of the house and equipment, and any safety accident has nothing to do with the owner".
Second, when did the rental date start to be divided into two situations:
1. If the contract does not stipulate when it will take effect, it will take effect after signing.
2. If the contract indicates when it will take effect, the time indicated shall prevail.
Renting a house is only for temporarily obtaining the right to use the house for a period of time. In other words, the lessee has no right to sell the house to others. As for whether the house can be subletted, it depends on whether there is any relevant agreement with the lessor. If the house is subletted to others without the consent of the lessor, it will cause greater risks to the lessee and sublessor, which will easily lead to damage to the rights and interests.
legal ground
law of contract
Article 212 A lease contract is a contract in which the lessor delivers the lease item to the lessee for use and profit, and the lessee pays the rent.
Article 213 The contents of a lease contract include the name, quantity, purpose, lease term, rent, payment term and method, maintenance and other terms of the lease item.
Article 218 Where the lessee uses the lease item according to the agreed method or the nature of the lease item, thereby causing losses to the lease item, it shall not be liable for damages.
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