1, Judicial Interpretation On the basis of accurately judging whether the mandatory provisions of relevant laws and administrative regulations are effective mandatory provisions, the principle of determining the effectiveness of contracts is to limit the scope of invalid contracts:
(1) Judicial interpretation only considers illegal house lease contracts, contracts with sublease term exceeding the lessee's remaining lease term, and sublease contracts without the lessor's consent invalid;
(2) Remedial measures have been taken for the lack of effective conditions of the contract, that is, as long as the parties have obtained the conditions stipulated by laws and administrative regulations before the end of the debate in the court of first instance, and there is no invalid situation stipulated by relevant laws, the contract is deemed to be valid.
2. Any unauthorized illegal house lease shall be deemed invalid, which makes it clear that illegal house lease belongs to the category of administrative management for many years and does not affect the validity of the lease contract;
3. The lessee's preemptive right clearly stipulates that if the lessor's house is purchased by someone, immediate family members or close relatives, the lessee claims the preemptive right and will not support it. It not only strengthens the protection of housing ownership, but also stabilizes the housing transaction relationship.
Matters needing attention in individual housing lease contracts are as follows:
1, clarify the situation of both parties. The contract shall contain personal information such as the name and address of the lessor and the lessee.
2. The specific situation of the house. Write down the exact location of the house, such as a room on a road; Housing area; House decoration;
3. Housing purposes. Mainly explain 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. Term of lease. Because 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 time, so it is necessary to stipulate a time limit in the contract; The lessor shall extend the lease term appropriately.
5. Rent and payment method. The house rent shall be determined by the lessor and the lessee through consultation. 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. Responsibility for house repair. The lessor is the owner of the house or the owner's principal, 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. Changes in housing conditions. The lessee shall take good care of the house and various facilities, and shall not dismantle, modify, expand or add them without authorization. If it is really necessary to change the house, it is necessary to obtain the consent of the lessor and sign a written agreement;
8. Sublease agreement. Some tenants 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; Sublease is not allowed, and if the lessee subleases 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 the contract and stipulate the corresponding punishment methods in the contract;
10. Alteration and termination of the lease contract. If the lessor and the lessee think it necessary to change the above contract terms during the lease process, such as the lease term, rent, etc. Both parties can change the contract through consultation.
To sum up, the house rent is determined by the lessor and the lessee through consultation. 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.
Legal basis:
Article 703 of the Civil Code of People's Republic of China (PRC)
A lease contract is a contract in which the lessor delivers the lease item to the lessee for use and income, and the lessee pays the rent.
Article 704
The contents of the lease contract generally include terms such as name, quantity, purpose, lease term, rent and its payment term and method, lease maintenance, etc.
Article 705
The lease term shall not exceed twenty 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.