Recently, I received many complaints from fans, saying that they were overcharged by the black intermediary, and the landlord casually raised the rent. The buyer said that he would not buy a second-hand house in the middle of the formalities.
For example, the following model.
Anyone will feel bad when this happens. Recently, Jingfang also prepared a small public welfare project, and invited the Ministry of Housing and Urban-Rural Development and Gu Qingkui Law Firm, a perennial law firm of the Provident Fund Central Branch, to tell you about buying a house, renting a house, inheriting, giving, and dividing the property between husband and wife.
Let's talk about this problem first.
PART 1 In these cases, the rental contract is invalid!
The most important thing in renting a house is not to look at the house, but to sign a contract. Then when signing a contract, we must pay attention to avoiding the minefield where the contract itself is invalid.
1. The house lease contract signed by the lessor without subject qualification may be invalid.
The lessor does not have the subject qualification, that is, the lessor has no right to rent the house, that is, the lessor is not the owner or user of the house. The lessor is not the owner or user of the house, and the rented house shall be deemed as an invalid contract according to the provisions of the contract law without the consent or ratification of the real owner or user.
Fang Jing word reminds you that there are a large number of "second landlords" in the Beijing property market. For the "second landlord", it is ok if he is allowed to sublet and sublet in the contract signed with the owner; If the landlord doesn't allow him to sublet, it means that once the landlord finds out, he directly asks you to move out through alarm, litigation, etc. Even if you sign a contract with him, you have no right to "defend rights" with the landlord.
The lessor in the house lease contract should have the ownership or the right to use the rented house, but in real life, the lessee often does not verify whether the lessor is the owner or the right to use the rented house.
Please note that after the signing of the lease contract, during the performance of the contract or after the real owner of the house appears, the lease contract is invalid, because the lessor does not have the subject qualification and the lessee is in a passive position, and its rights are difficult to remedy even through legal channels.
Special reminder! The lessee may be driven out of the leased house by the real owner of the house or bear the loss caused by the renovation cost, and it is difficult to recover the rent and other expenses paid by the lessee to the lessor of the "fake" house.
2. Without the completion acceptance of the house lease, the house lease contract may be invalid.
Article 61 of "Building Law of People's Republic of China (PRC)" stipulates that a construction project that is delivered for completion and acceptance must meet the specified quality standards of construction projects, complete technical and economic data of the project and the signed project warranty, and meet other completion conditions stipulated by the state. Only after the construction project is completed and accepted can it be delivered for use; Without acceptance or unqualified acceptance, it shall not be delivered for use.
The third paragraph of Article 10 of the Fire Protection Law stipulates that when a construction project designed for fire protection in accordance with the national technical standards for fire protection of engineering buildings is completed, it must be accepted by the public security fire control institutions; Without acceptance or unqualified acceptance, it shall not be put into use.
According to the provisions of the above two laws, the house lease contract signed by the house that has not been accepted for use and rental may be invalid because it violates the mandatory provisions of national laws.
At this point, well house fans may encounter less, but after the volunteer group sorted out the cases, there were some complaints that they rented a house that was "temporary" or not built in the community (sweat). So be careful.
3, illegal rental housing, housing lease contract may be invalid.
Illegal buildings defined here refer to houses built without the permission of the competent authorities or without the permission of the competent authorities.
To give you a popular science, illegal construction can be roughly divided into two situations: first, builders build houses without legally obtaining land use rights;
The second is to build a house without obtaining the land use right, but without obtaining the relevant approval documents such as building planning permit and construction permit.
4. The house lease contract may be invalid if the demolition is determined.
When signing a lease contract, the lessee should investigate the relocation situation in this area to avoid economic losses caused by signing an invalid lease contract.
Fourth, the expert group is also the first to hear about the well house. At present, it seems that this article is more difficult for ordinary citizens, and it is more suitable for enterprises that rent houses for business.
Before signing the contract, polish your eyes and see these clearly.
1. Does the lessor have the subject qualification?
As a lessee, when signing a lease contract with the lessor, it is necessary to check and keep copies of the lessor's valid identity certificate, house property right certificate and the original lease contract for obtaining the right to use the house, and attach the above documents to the house lease contract for joint signature.
Here, the word "Fang Jing" also reminds you not to sign the contract in a hurry before you settle down. Whether the lessor is the property owner or the spouse, and whether the second landlord and the landlord have signed a contract to let him sublet. Although one more step may increase the rent, it is better than being kicked out after you pay the rent, and the rent agency fee is not refundable.
The examination of the lessor's subject qualification mainly depends on whether the owner recorded in the house ownership certificate is consistent with the lessor, whether the owner and the owner agree, whether the house is mortgaged, whether it has been subjected to other punishment or whether it has been restricted by other rights.
2. An accurate description of the leased house
The contract shall specify the exact location (such as the house number) and the general situation of the leased house, including the construction area, usable area, floor, etc. And it is best illustrated with the attached drawings. In addition, the leased property should be described completely and comprehensively.
One of the most typical cases that Jingfangzi received was that a person rented a scroll and wanted to do business; As a result, he found that the actual area of the house was one third smaller than the original landlord said. Later, the tenant won the lawsuit and the landlord had to refund the overcharged rent.
3. The use of rental housing
Before renting a house, the purpose stated in the property certificate of the leased house should be verified to prevent the purpose agreed in the lease agreement from being inconsistent with the purpose stated.
For the simplest example, if the landlord doesn't agree with you to use the house for business, then you can't help it if I rent it and open a small studio.
4. Lease period
The housing lease contract shall specify the lease term and the specific start and end dates. According to the contract law, the lease term shall not exceed 20 years. More than 20 years, the excess part 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.
In fact, I have to remind you that some developers have "long-term" parking spaces belonging to all owners, and the lease period cannot exceed 20 years.
5. Delivery of rental housing
Review whether there is an agreement on the handover of the house in the house lease contract, such as whether there is an agreement on the handover status of the leased property, the handover list of the leased property and its ancillary facilities and equipment, and the handover time.
At this point, Jing Fangzi encountered a particularly miserable case of fans-when she rented a house, the room was extremely high, and it was Mitsubishi air conditioning, Sony Dafa TV and high-end furniture. By the time she closed the house, all these things had become bargains in the second-hand market.
I would like to remind you that in the attachment behind the lease contract, you must clearly write down which household appliances and furniture you have, as well as the brand and model, just in case!
6. Rent, utilities, property fees and other expenses.
Lawyers suggest that the agreed review of rent can start from the following aspects:
First, the rent standard and the total rent, as well as the rent payment period, payment ratio, payment conditions and so on. Are very clear;
Two, the rent range and the lease period of property management, water, electricity, heating and other expenses and payment agreement is clear;
This especially reminds novice renters. If you want to spend the winter at home, you must be optimistic about the heating method. Although the cost of municipal heating and central heating is usually paid by the landlord, there is still a lot of self-heating in Beijing. If you rent this kind of house, the electricity and natural gas charges for self-heating are generally borne by the tenant.
Three, whether there is an agreement on the responsibility of other expenses other than rent.
For example, "the lessor guarantees that it will not require the lessee to bear and/or pay any other expenses of the leased property for any reason other than the rent and miscellaneous expenses listed in this contract and the expenses specified in this agreement."
7. Maintenance obligations of rented houses
Review whether the contract has provisions on house maintenance, repair, replacement and improvement.
The housing lease contract shall stipulate that when the leased property affects the normal use of the lessee, the lessor shall be responsible for the timely maintenance and repair of the leased property, and the expenses shall be borne by the lessor.
Please see clearly that normal maintenance and losses should be borne by the landlord.
At the same time, it should be made clear in the contract that the maintenance period shall not affect the lessee's normal life, and it is agreed that if the maintenance time exceeds a certain period and still fails to meet the normal use standard, the lessee has the right to terminate the contract or reduce the corresponding amount of rent.
During the lease period, the damage of household appliances such as furniture and household appliances is inevitable, and the rights and responsibilities of house maintenance need to be agreed. In the "house maintenance" part of the lease contract, the responsibilities of both the lessor and the lessee should be agreed to ensure that the house, accessories, equipment and facilities are in a suitable and safe state, and at the same time, the solutions in two different situations when the equipment is naturally worn out or fails due to improper use should be agreed to effectively avoid the lessor.
8. The leased property cannot be used normally.
When reviewing the contract, pay attention to whether it is stipulated in the contract that when one or more facilities such as power supply, air conditioning and heating cannot be used normally or affect the lessee's normal life, the lessee has the right to refuse to pay the rent for the corresponding period and the corresponding water, electricity and air conditioning usage fees. If the above situation lasts for a certain period of time or the accumulated time reaches a certain period, the lessee has the right to terminate the contract and require the lessor to pay a certain percentage of the total contract rent as liquidated damages.
9. Specific circumstances of contract termination
The housing lease contract must specify the circumstances under which the contract can be terminated, so as to restrain the behavior of the lessor and the lessee and protect the rights of both parties.
In the contract, various situations of contract termination should be stipulated, including several rights of the lessor or lessee to unilaterally terminate the contract, such as how long the lessor delays the delivery of the house, the delivered house does not conform to the contract or affects the safety of the lessee. The lessee may unilaterally terminate the contract, and the lessee changes the use of the house without paying the rent and fees as agreed.
Again, don't bother! Don't be embarrassed! Be sure to read these terms carefully before you can be with the landlord!
10. Payment and return of deposit
Housing lease contracts usually stipulate that the lessee pays the lessor a deposit equivalent to several months' rent, which is mainly used to pay (1) the guaranteed rent to prevent the rent from being defaulted; (2) Rational use of the house to prevent damage to the house and its ancillary equipment; (3) to prevent arrears of utilities and other related expenses. For the lessor, the rental house is usually delivered after receiving the deposit. When withdrawing the lease, both parties shall check the condition of the house. If there is no damage except the normal wear and tear of the house and equipment, the lessor shall return the deposit to the lessee.
1 1. Terms of Commitment and Guarantee
There should be a guarantee clause in the general lease contract that the lessor has the right to lease the leased property. The lessor shall ensure that there is no property right dispute or other dispute when the lease item is delivered, and no third party claims the right. After delivery, if there is a property right dispute or a third party claims rights, the lessor shall be responsible for solving it on the premise of protecting the rights and interests of the lessee. If losses are caused to the lessee, the lessor shall be responsible for compensation. It can be further stipulated that if the guarantee is untrue, the lessee has the right to terminate the agreement, and has the right to demand the lessor to pay liquidated damages and compensate the losses caused thereby.
12. Priority and applicable conditions of subsequent leases after the lease expires
At present, the law does not clearly stipulate the priority of renting. If the contract does not clearly stipulate the applicable conditions for priority renewal after the expiration of the lease term, the two parties shall temporarily negotiate to renew the lease after the expiration of the lease term. If negotiation fails, the lease cannot be continued, which may cause losses to the lessee. Therefore, it should be clearly stipulated in the contract that after the expiration of the lease term, the lessee has the priority to renew the lease, and the applicable conditions (such as standard rent conditions) should be specifically agreed.
Part III Is there anything else I can do for you? Join this group!
Finally, we must give a compliment to the Falcon Lawyer APP with Qingkui and Qingkui as the main backing ~ Several lawyers who are good at real estate litigation have settled in our new special service QQ group!
If you are a fan of ours, you happen to have relevant content and need information. Just scan the code and join the group. Remember to report "WeChat Nickname+Micro Signal" when knocking at the door.
Please note that all consultations in the group are public welfare and do not charge any fees.
We will implement this model within the Group:
Answer several fans' questions in detail every day. Please line up;
Volunteers will sort out the lawyer's reply and upload it to the group file as a specific case;
Fans with similar repeated questions can look in the group files first to see if there are any answers to refer to;
Please note that in some cases, different judges may make different decisions, which is well known.
Thanks again to the support of Gufa Qingkui Law Firm of the Ministry of Housing and Urban-Rural Development all the year round ~ It's so enthusiastic that it has added benefits to the fans of Jingfang.
Then, fans in need join the group, remember to report micro signals and WeChat nicknames ~
Public trust comes from responsibility, and authority makes quality!