Does the house lease contract signed by the landlord and tenant have legal effect?

Whether the house lease contract signed by the landlord and tenant has legal effect depends on the actual situation. A legally established contract shall come into force upon its establishment and have legal effect. However, if one party concludes a contract by fraud or coercion, or the contract itself harms the public interests and violates the mandatory provisions of laws and administrative regulations, the contract is invalid.

Referring to Article 44 of the Contract Law of People's Republic of China (PRC), a legally established contract shall take effect upon its establishment. Where laws and administrative regulations stipulate that examination and approval, registration and other procedures shall be handled, such provisions shall prevail.

According to Article 52 of the Contract Law of People's Republic of China (PRC), the contract is invalid under any of the following circumstances:

(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;

(2) Malicious collusion that harms the interests of the state, the collective or a third party;

(3) Covering up illegal purposes in a legal form;

(4) damaging the public interest;

(5) Violating the mandatory provisions of laws and administrative regulations.

Extended data

Referring to Article 54 of the Contract Law of People's Republic of China (PRC), one party has the right to request the people's court or arbitration institution to modify or terminate the following contracts:

(1) Due to a major misunderstanding;

(2) obviously unfair at the time of conclusion of the contract.

If one party leads the other party to conclude a contract against its true meaning by fraud, coercion or taking advantage of others' danger, the injured party has the right to request the people's court or arbitration institution to modify or cancel it. The people's court or arbitration institution shall not revoke the request of the parties.

According to Article 56 of People's Republic of China (PRC) Contract Law, an invalid contract or a cancelled contract is not legally binding from the beginning. If part of the contract is invalid and does not affect the validity of other parts, the other parts are still valid.

Referring to Article 213 of People's Republic of China (PRC) Contract Law, the contents of the lease contract include the name, quantity, purpose, lease term, rent, payment term and method, and maintenance of the leased property.

According to Article 214th of People's Republic of China (PRC) Contract Law, the lease term shall not exceed 20 years. More than twenty years, the excess is invalid. Upon the expiration of the lease term, the parties may renew the lease contract, but the agreed lease term shall not exceed 20 years from the date of renewal.

According to Article 215th of People's Republic of China (PRC) Contract Law, if the lease term is more than six months, it shall be in written form. If the parties fail to adopt a written form, it shall be regarded as an indefinite lease.

Referring to Article 216 of People's Republic of China (PRC) Contract Law, the lessor shall deliver the lease item to the lessee as agreed, and keep the lease item in line with the agreed purpose during the lease period.

Referring to Article 217 of People's Republic of China (PRC) Contract Law, the lessee shall use the lease item in the agreed way. If the method of using the lease item is not prescribed or clearly prescribed, and cannot be determined according to the provisions of Article 61 of this Law, it shall be used according to the nature of the lease item.

China People's Congress Network-People's Republic of China (PRC) Contract Law