Lessor (Party A):
Lessee (Party B):
According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations. On the basis of equality and voluntariness, Party A and Party B, in order to clarify the rights and obligations of both parties, entered into this contract through consultation.
Article 1 The house is located at Room * *, Unit * *, Building * * of * * Community in * * City, including the basement.
Facilities owned by the house: (water pipes, sewers, porcelain washbasins, toilets, washbasins, security nets, radiators, security doors) and other facilities.
Article 2 The lease term of the house is one year. From June to June.
Party B rents the house only for family daily life.
Upon the expiration of the lease, Party A has the right to take back the leased house, and Party B shall return it as scheduled. If Party B requests to renew the lease, it must notify Party A in writing three months before the lease expires. With the consent of Party A, Party B shall re-sign the lease contract while paying the annual rent for the second year. Under the same conditions, Party B has the priority to lease.
Article 3 The payment method of the rent in this contract is cash, which shall be paid first and then used. Party B shall pay the annual rent to Party A in one lump sum, and the delivery date of the rent shall be the signing date and effective date of this contract.
Article 4 During the lease term, Party B shall bear the expenses such as electricity, water, property, heating and cable TV viewing fees.
Article 5 Rights and responsibilities of Party A and Party B:
(1) During the duration of the contract, neither party has the right to unilaterally terminate the performance of the contract. It shall be settled by both parties through consultation. If negotiation fails, it will not affect the execution of the contract (except the third paragraph of this article).
(2) Party B shall keep the house structure, equipment, articles, doors and windows intact during the residence. If there is any damage, it must be restored to its original appearance before the expiration of the contract, and the expenses arising therefrom shall be borne by Party B. ..
(3) During the lease period, Party B shall not lease or sublet the house to others for use. Shall not change the purpose of the lease or use the house for illegal and criminal activities. Don't change the structure of the house and damage it. In case of the above situation, Party A has the right to unilaterally terminate the execution of the contract, and the rent paid by Party B will not be returned to Party A, and Party B shall be responsible for the losses caused to Party A.. ..
Article 6 Matters not covered in this contract shall be settled by both parties through consultation.
This contract has two pages in total and is made in duplicate, one for each party.
Party A (signature): Party B (signature):
Year, month, year, month, year
Address: Original address:
Work unit: Work unit:
Tel: Tel:
Mobile phone: mobile phone:
1. All fees should be clear. You must sign a rental contract when renting a house, and the rental contract should be detailed. Even if you don't know the details of the commonly used version of the house lease contract, it is necessary to clarify who will pay the water, electricity, gas, telephone, cable TV viewing fees, sanitation fees and property management fees, and list the figures before leasing to distinguish the responsibilities. House maintenance and expenses are also best written in the contract to avoid future troubles. Also check whether the last water, electricity, property management and optical fiber telephone charges have been settled.
2. The lessor in the house lease contract is generally the owner of the house, but not limited to the owner. Anyone who has the legal right to use the subject matter has the right to transfer the subject matter he uses to others and become a lessor. The lessee shall not claim that the contract is invalid and refuse to pay the rent on the grounds that the lessor does not enjoy the ownership of the house, and can only ask the lessor to bear the liability for breach of contract. At the same time, Article 224 of the Contract Law stipulates that the lessee may sublet the leased property to a third party with the consent of the lessor.
3. Who will bear the repair obligations and expenses of the house during the lease period. If there is a problem or failure in the use of the house and its accessories, who will repair it and who will bear the expenses? This is something that both parties need to make clear in advance, otherwise, once there is a problem, it will easily lead to disputes.
4. Confirm whether the person on the real estate license and the person who signed the contract with you are the same person, and check whether the lessor's real estate license and valid identification are consistent. Tenants must first ask the landlord to show their identity documents and the original household registration book, because many scammers now cheat with fake ID cards; Secondly, please ask the landlord to show the original certificate of ownership of the house, plus the property right certificate or the use right certificate. If you are handling the property right certificate, you should show the purchase contract signed with the original property right unit.
5. Payment method and term of rent. This is also a key issue for both sides to consider, whether it is once every three months or once every six months or even once a year. The two sides should clearly agree, otherwise, it is easy to produce contradictions.
6. If the lessee sublets, the lease contract between the lessee and the lessor shall remain valid, and if the third party causes losses to the leased property, the lessee shall compensate for the losses. This clause stipulates the lessee's right to sublease, indicating that the lessee can exercise part of the lessor's rights as long as he has the legal authorization of the lessor, but the exercise of the rights is limited to some extent.
7. The rent is collected by the lessor, which is the consideration for the lessee to use the house; The property management fee is charged by the property management company, which is the fee charged by the property management company for providing services to all owners and tenants through its own business activities. The two are not legal relations and cannot be confused. However, if there is no specific agreement in the contract, the lessor has no right to ask the lessee to pay the property management fee.
8. When signing the lease contract, read the terms of the contract carefully, ask the vague contents in detail, and execute it literally. When both parties sign a house lease contract, it is best to make a detailed list of all the items in the house and put them away as an annex to the contract. And indicate who will bear the maintenance costs in case of damage. These seemingly insignificant details are actually very important. When signing a lease contract, you should also specify the lease date, lease term, rent and rent change method to avoid using vague language. If you want to rent for a year, don't sign a contract for half a year to prevent the landlord from raising prices halfway.
9. Review whether the subject of the contract is qualified, that is, whether the lessor and the lessee have the corresponding conditions. Review whether the leased object is qualified, that is, whether the lessor's house is allowed to be rented by laws and regulations. Review whether the house lease procedures are complete. Proof of house property right is not a sufficient condition for legal rental. In order to apply for house lease certificate in accordance with relevant regulations, the lease contract must be registered before it can take effect.
10. If the lessor fails to deliver the subject matter as agreed or the delivered subject matter does not meet the agreed conditions, for example, there is an error between the housing area and the contract, it shall be deemed that the subject matter delivered by the lessor is defective, and the lessee may demand that the other party be held liable for breach of contract, notify the other party in writing to terminate the contract, or both parties may negotiate to reduce the rent or change the contract content.
Answers to frequently asked questions about lease contract
1. What documents do I need to handle the house lease contract?
Answer: Property certificate, ID card, etc. Specific consultations can be made.
2. Is the rental contract signed with the second landlord valid?
Answer: If the lease contract signed by the second landlord and the landlord stipulates that it can be sublet, the sublease is valid, otherwise it will be invalid.
3. If the house is inherited or transferred within the term of the house lease contract, is the contract still valid?
A: It does not affect the validity of the lease contract, but it is still valid.
I don't want to live in the house I rent now. Can I sublet it to someone else?
A: According to the regulations, the lessee should obtain the consent of the lessor when subletting the house, otherwise the lessor has the right to terminate the lease contract.
5. Can the landlord sell the house during the lease period?
A: During the lease period, the lessor can sell the house, but according to the contract law of our country, under the same conditions, the lessee has the preemptive right. The lessor shall notify the lessee in writing before the sale of the house.
6. Can the landlord raise the rent at will during the lease period?
A: If there is no clear stipulation in the signed contract that the rent cannot be increased, then the landlord has the right to increase the rent.
7. What if the lessee fails to perform the contract and defaults on rent?
A: The landlord has the right to ask him to pay the rent in arrears, or to terminate the lease contract, and ask the other party to bear the liability for breach of contract, and can resort to law if necessary.
8. According to the contract, what is the proportion of late fees for rent, utilities, etc? Is it like this every day?
A: There is no specific provision in the law. Consensus is enough. It is usually appropriate to stipulate five ten thousandths of a day.
It's all here. There are other questions. You can find your own topic of renting 365.
The rental agreement I signed was written by the landlord, and there is one clause: overdue 1 month rent, the landlord has the right to terminate the contract and will not be liable for breach of contract. Is it the overlord clause? Very human. The first class expires early, and you have a month's grace period.
If your company is in a month. 3。 If he doesn't pay for four months (for the same reason), how can his interests be guaranteed?
How to write the liability for breach of contract in the loan agreement? The liquidated damages shall not exceed 20%. Do it yourself:
The interest of private lending cannot exceed 4 times of the bank interest in the same period.
However, overdue repayment can be agreed at a high point, and overdue is a breach of contract.
There are many kinds of liabilities for breach of contract, including statutory liquidated damages and agreed liquidated damages.
What is legal is that there is no agreement. What the law stipulates is actually the judge's discretion.
The agreement is the first sentence above. If heavy losses are caused, damages may also be agreed upon. This may be a bottomless pit, but it should not be exaggerated, because contracts have principles. What is the principle of good faith and what is Marxism? Anyway, it's too exaggerated and must be restricted by law.
See Contract Law and General Principles of Civil Law for details.
How to compensate the landlord for breach of contract? There will always be a breach of contract in renting a house, sometimes the tenant defaults, and sometimes the landlord defaults. It is a breach of contract for the landlord to close the house in advance and not perform the contract, so how can the landlord compensate for the breach of contract? In fact, there are many kinds of landlords' breach of contract, and the ways of compensation are different. Today's rental knowledge will take you to analyze the specific breach of contract and compensation methods of the landlord.
First,? Compensation for the landlord's breach of contract after paying the deposit
Many people like to charge a deposit when renting a house to reduce the risk of tenant default. But the deposit not only restricts the behavior of tenants, but also restricts the behavior of landlords. If the landlord repents after receiving the deposit and is unwilling to rent the house to the tenant, then the landlord needs the double indemnity tenant deposit. Give a chestnut: Xiao Zhang is satisfied with the house that Mr. Li wants to rent, but it will take some time to move in for various reasons. In order to prevent Xiao Zhang from renting his own house, Mr. Li charged Xiao Zhang a deposit of 1000 yuan and signed a deposit delivery contract. But two days later, Mr. Li felt that his house rent was cheap, and another tenant was willing to pay more rent. So Mr. Li regretted it and was no longer willing to rent the house to Xiao Zhang. As Mr. Li received the deposit, he should double the deposit of 2000 yuan to Zhang after breach of contract.
It should be noted here that the legal effect of deposit is different from that of deposit and intentional deposit, and the legal effect of deposit is stronger and clearer. No matter which party breaches the contract, it is necessary to pay compensation for the deposit amount. There is no clear responsibility statement for the deposit, and the compensation for the deposit is more flexible. Both parties can claim compensation from the other party according to their own losses. Intention money is similar to deposit, and its legal responsibility is not clear. Therefore, the fee paid by the tenant before renting a house must clearly indicate whether it is a deposit or a deposit.
Second,? How to compensate for the breach of lease in advance?
In the process of renting a house, the landlord may have various reasons to take back the house in advance. For example, some landlords want to sell their houses, and some want to take back their homes. How to compensate the landlord for breach of contract? According to the relevant provisions of the Contract Law, if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. In the actual process of renting a house, the landlord and tenant can stipulate the liability for breach of contract and compensation in the contract. Generally, both the landlord and the tenant agree to pay the liquidated damages of the deposit amount, and a few calculate the specific liquidated damages according to the time when the contract is not fulfilled. Give a chestnut: Mr. Li rented the house to Xiao Zhang, and both parties agreed to rent 2000 yuan/month, deposit 2000 yuan, and lease for two years. But a year later, Mr. Li decided to sell the rental house because he needed cash to do business. However, the two-year lease has not yet arrived. According to the contract, Mr. Li should return the deposit of 2000 yuan to Xiao Zhang and pay another 2000 yuan as liquidated damages. The agreement between another tenant and the landlord is not such compensation. Ms Wang rents the house to Xiao Chen. Both parties agree that the rent is 1 1,000 yuan/month and the deposit is 1 1,000 yuan. The lease term is one year. If the owner repossesses the house in advance, he should pay double the rent to the lessee for failing to perform the contract. But eight months later, Ms. Wang wanted to take back the house and live by herself, so Ms. Wang had to pay 4,000 yuan for four months' rent in Xiao Chen. It can be seen that the compensation for the landlord's early breach of contract can be agreed in the contract.
Third,? Compensation for breach of contract when the landlord fails to perform the lessor's obligations
Ms. Xu, who lives in Beijing, was recently taken to court by the tenant. It turned out that after Ms. Xu rented the house to the tenant Mr. Zhao, she ignored Mr. Zhao's question about the safety maintenance of the house wires, and finally the house was paralyzed due to the aging of the circuit. Not only the tenant's finances were burned, but also the neighbors were hurt. The court held that Ms. Xu failed to fulfill her obligations as agreed in the contract and ignored the questions raised by the lessee Mr. Zhao. In the end, Ms. Xu should bear the main responsibility for the fire and compensate Mr. Zhao and his neighbors for their losses. It can be seen that when the landlord fails to perform the obligations of the lessor, the tenant can terminate the lease contract, and the landlord who caused the loss to the tenant still needs to compensate for the loss.
The above is the compensation for the landlord's breach of contract, and the landlord's responsibility and compensation are different under different circumstances. When renting a house, we should earnestly fulfill the contract and fulfill our obligations. Whether it is a tenant or a landlord, breach of contract is a bad behavior, not only to compensate for liquidated damages, but also to face the consequences of dishonesty.
(The above answers were published on 20 18-08-24. Please refer to the actual situation for the current purchase policy. )
When buying a new house, go to Sohu Focus.
What if there is no liability for breach of contract in the agreement? If not, follow the contract law. Liability for breach of contract is not a necessary clause, so it's okay not to write it. Generally, if you don't write it, it will be implemented according to the general responsibility area of contract law. Hope to adopt, thank you.
How to write hello about the liability for breach of contract in the entrustment agreement,
The liability for breach of contract of the entrustment agreement mainly includes the following aspects:
1, the principal's liability for breach of contract;
2, the trustee's liability for breach of contract;
3. After dividing these two situations, it is mainly the proportion of liquidated damages, which can be the same or different for both parties;
4. The liability for breach of contract can also be the amount of liquidated damages; Pay attention to indicate whether it is RMB or USD, and what settlement unit is used;
5. The scope and extent of compensation for losses caused by both parties.
If the rental agreement is violated, whether the landlord can not withdraw the rent depends on the agreement of the defaulting party. If it is a percentage of the total rent, it will be deducted when the rent is refunded. If there is no agreement, it can be supplemented by a deposit in accordance with local regulations. If it's still not enough, there's nothing we can do. In addition, it depends on the breach of contract and the losses caused to the landlord. If the amount is huge or far from the balance, a lawsuit will be filed with the local authorities as appropriate.
What if the landlord breaches the contract and fails to perform the liability for breach of contract? Settle disputes through consultation and go to court or mediation committee for mediation.
Go to court to sue.
I want to rent a shop, but how do I usually limit the landlord's breach of contract in the rental agreement? You should draft a lease contract with the landlord. The contract must stipulate the rights and obligations of both parties, what Party A should do and what Party B should do. If one party doesn't do this, he will violate the contract, and he should compensate the other party for the loss. It must be stipulated in the contract to avoid unnecessary losses.