complete house lease contract (1) Lender (Party A):
Borrower (Party B):
Based on the Contract Law of People's Republic of China (PRC), the Law on Urban Real Estate Management of People's Republic of China (PRC), the Interim Measures for the Administration of Low-rent Housing for Urban Low-income Families in Ganzi Prefecture and other laws and regulations, this contract is concluded on the basis of equality and mutual benefit.
article 1 basic overview of the house
party a will lend the house located in Xinlong county (hereinafter referred to as the house) to party b for low-rent housing. The building area of the house is 5 square meters each.
article 2 the nature of house ownership
house ownership is public houses, with only the right to use but no ownership.
Article 3 Lease Term
(1) The lease term of the house is one year, from June 1, 2 to June 1, 2.
(2) upon the expiration of the lease, party b shall return the house as scheduled. If Party B meets the conditions for continuing the lease, it shall submit a written request for renewal to Party A 3 days in advance, and both parties shall re-sign the house lease contract after examination and approval.
Article 4 Loan and payment method
(1) The housing loan standard is 2 yuan/m2 per month, and each set of monthly loan is 1 yuan (in words: 1 yuan). Party B shall pay the loan to Party A at the Housing and Urban-Rural Planning and Construction Bureau before 65,438+ every year. In case of loans overdue, Party A will charge a late fee of 4% of the monthly loan amount every day.
(2) other payment methods: if the payment is overdue for 3 days, it can be deducted from Party B's minimum living allowance.
(3) After receiving the loan, Party A shall issue a receipt to Party B ...
Article 5 Loan security deposit and related expenses
(1) When Party A delivers the house, Party B shall pay Party A the house lease security deposit, with the specific amount of RMB/Yuan (in words:/). After collecting the deposit, Party A shall issue a receipt voucher to Party B.
(2) After the lease expires or this contract is terminated, the house lease deposit collected by Party A shall be returned to Party B in full, in addition to offsetting the expenses agreed to be borne by Party B in this contract.
(3) During the lease period, Party A shall bear the maintenance expenses of the common parts of the house; Party B shall bear the maintenance, water, electricity, gas and other expenses of the house. Other expenses not stipulated in this contract shall be borne by Party B.
Article 6 Delivery and return of the house
(1) Delivery: Party A shall deliver the house to Party B according to the agreed conditions before June 15th, 2__ _.
(3) Return: After the lease expires or the contract is dissolved, Party B shall return the house and its ancillary facilities and equipment. Upon return, Party A shall check and accept and settle their respective fees. After the house is returned, Party A has the right to dispose of the items left by Party B without Party A's consent.
article 7 maintenance of the premises and ancillary facilities
during the loan period, party a shall ensure the safe use of the leased premises. Unless otherwise agreed by both parties in this contract and supplementary terms, Party A shall be responsible for the maintenance of the house and its ancillary facilities (except for improper use by Party B).
1. Party A shall notify Party B in writing 1 days in advance when proposing maintenance, and Party B shall actively assist and cooperate.
2. after party b requests maintenance from party a, party a shall carry out maintenance within 7 days after receiving party b's notice.
3. party b shall use the house and its ancillary facilities and equipment reasonably. If the house, facilities and equipment are damaged due to improper use, Party B shall be responsible for the repair or bear the economic compensation liability. If Party B refuses to repair, Party A can repair or purchase new materials on behalf of Party B, and the expenses shall be borne by Party B.
4. Party B shall not be responsible for the losses of the house and its ancillary facilities and equipment caused by natural attributes or reasonable use.
5. Party B shall not occupy public places; Parking of motor vehicles is not allowed in the community.
Article 8 Rental of Premises
Party B shall not lend or lend the leased premises.
article 9 modification, dissolution and termination of the contract
(1) both parties may modify or terminate this contract through consultation.
(2) During the loan period, if Party B commits any of the following acts, Party A has the right to terminate the contract and take back the lent house;
1. Lend or lend the leased house without the written consent of Party A;
2. Dismantle and change the structure of the mobile home without the written consent of Party A;
3. Damaged the leased property and failed to repair it within the reasonable period proposed by Party A;
4. changing the use of the house without the written consent of Party A;
5. Use the leased premises to store dangerous goods or engage in illegal activities;
6. Failing to pay the fees payable by Party B under this contract on schedule, thus causing serious damage to Party A;
7. Not staying in the borrowed low-rent housing for more than 6 months without justifiable reasons;
8. buying and selling houses without authorization;
9. inheriting the right to use the house without the written consent of Party A;
(3) At the time of annual review, Party B is no longer the object of low-rent housing security.
(4) upon the expiration of the lease, this contract will be terminated naturally.
(5) Party B (the applicant) has died.
(6) If the contract cannot be performed due to force majeure, the contract shall be terminated.
Article 1 Other agreed matters
1. Party B must abide by the Regulations on the Administration of Low-rent Housing Community in Xinlong County.
2. Party B must pay off all the house loan in this year before June 5, 65438.
Article 11 In case of any of the following circumstances, both parties shall not be responsible for each other and restore to the original state:
1. The contract cannot be performed due to force majeure;
2. the relevant policies and regulations have changed, which makes it impossible to perform this contract.
article 12 any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, the following second method shall be adopted.
1. Submit the administrative ruling of low-rent housing management department in Xinlong County, Ganzi Prefecture.
2. bring a lawsuit to the people's court according to law.
article 13 for matters not covered in this contract, both parties may sign a supplementary agreement through consultation as an annex to this contract. The annexes to this contract have the same legal effect as this contract.
article 14 this contract shall come into effect after being signed and sealed by all parties. This contract is made in triplicate, one for each party and one for the record of the management department, all of which have the same legal effect.
party a (official seal): _ _ _ _ _ party b (official seal): _ _ _ _
legal representative (signature): _ _ _ _ _ legal representative (signature) : _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Defendant Chen Qi worked in a machinery factory in Mawei District of the plaintiff since 1965. On February 2th, 2__ _, the plaintiff and the defendant terminated the labor contract, but the dormitory issue was not involved. After the termination of the labor contract, the defendant continued to live in the dormitory originally assigned to him by the plaintiff. On February 8th, 2 _ _ _, the original defendant signed a dormitory lease contract with the defendant, stipulating that the lease term would start from June+October 1st, 2th, 65438 to February 31st, 2th, and the defendant would pay the rent as agreed. After the expiration of the contract on February 31, 2, the defendant continued to lease and paid the plaintiff the rent according to the original contract. The plaintiff has no objection and continues to collect rent. In June, 2 _ _, both parties verbally agreed on the monthly rent of 1 yuan, and the defendant continued to lease it. From July, 2__ to February, 65438+,because of the demolition notice posted at that time, the plaintiff proposed to be free of rent, and the defendant failed to pay rent during this period. Later, due to the urgent need of plaintiff's business, on February 2, 26, the defendant was informed in writing that he would vacate the house on October 2, 26. The defendant refused to return the house or pay the rent since October 2, 26, so the plaintiff filed a lawsuit and requested the court to terminate the judgment.
court hearing
after trial, the facts of the lease relationship between the plaintiff and the defendant are clear and the evidence is conclusive. This lease relationship is the expression of the true meaning of both parties, which is legal and effective and should be protected by law. According to Article 236 of the Contract Law of People's Republic of China (PRC): "If the lessee continues to use the leased property at the expiration of the lease term and the lessor does not raise any objection, the original lease contract will remain valid, but the lease term is indefinite." In this case, the original defendant signed the lease contract on February 18, 2__. After the expiration of the contract, the defendant continued to rent the house and paid the rent to the plaintiff. The plaintiff raised no objection and continued to collect rent. It can be inferred from the behavior of both parties that both parties agree to renew the lease, and the original lease contract will continue to be valid, but the lease term is uncertain at this time, and both parties have the right to terminate it.
Lawyer's comments
Both parties can terminate the contract at any time, but if the lessor terminates the contract, it shall notify the lessee before the expiration of the reasonable period, so that the lessee can have enough time to lease it separately and ensure its basic livelihood. The court finally decided to dissolve the lease relationship between the original defendants, and the defendant Chen Qi moved out of the house within 9 days from the effective date of this judgment, and paid the plaintiff the rent from January 2 to the time of moving out of the house, rejecting the plaintiff's other claims.
complete house lease contract (part iii) lessor: _ _ _ _ _ _ _, hereinafter referred to as party a ..
lessee: _ _ _ _ _, hereinafter referred to as article 1 of party b
. Party a locates its house in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. using the rented house to engage in illegal activities, which damages the public interests of * * *;
3. The rent is in arrears for several months or vacant for several months.
after the expiration of the contract, if party a continues to lease the house, party b has the priority to lease it. When the lease contract expires, if Party B really can't find a house, it can negotiate with Party A to extend the lease term as appropriate.
article 3 the term of rent and rent payment and the mode of tax payment.
Party A and Party B agree that the monthly rent is RMB, and Party B shall pay it to Party A on. Pay first and then use. When Party A collects the rent, it must issue a rent collection certificate supervised by the tax authorities or financial departments at or above the county level. Party B can refuse to pay the rent without a legal rent collection certificate.
Party A and Party B shall pay the house rental tax according to the prescribed tax rate and standard, and the payment method shall be implemented according to the following paragraph _ _ _:
1. Party A and Party B shall bear the tax according to the relevant tax laws and the proportion stipulated in the document No.34 (9);
2. Both parties agree.
article 4 renovation and decoration of the house during the lease period
it is party a's obligation to repair the house. Party a shall regularly inspect the leased premises and its equipment, and repair them in time to ensure that there is no leakage, no flooding, three links (indoor water supply, sewage discharge and lighting electricity), and doors and windows are in good condition, so as to ensure the safe and normal use of Party B.
The scope and standard of repair shall be implemented according to NoticeNo.. Urban Construction Department (87)13.
when party a repairs the house, party b shall actively assist and shall not obstruct the construction.
the maintenance of the leased property shall be handled in the following _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1.
2. within the scope and project of maintenance promised by party a, party b will pay the maintenance fee in advance and organize the construction. Upon completion, the maintenance fee will be deducted from the rent payable by Party B, and the specific time is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Party B shall be responsible for the maintenance;
4. Both parties agree.
due to the need of use, party b can decorate the leased house without affecting the structure of the house, but its scale, scope, technology and materials should be approved by party a before construction. The two parties have reached an agreement on the handling of the labor cost and decoration ownership after the lease expires:
The labor cost shall be borne by Party A;
the ownership is _ _ _ _ ().
Article 5 Changes of both parties to the lease
1. If Party A transfers the ownership of the house to a third party according to legal procedures, this contract will continue to be valid for the new property owner without any other agreement;
2. when selling the house, party a must notify party b in writing three months in advance. Under the same conditions, Party B has the preemptive right;
3. When Party B needs to exchange rooms with a third party, it shall obtain Party A's consent in advance, and Party A shall support Party B's reasonable request.
article 6 liability for breach of contract
1. if party a fails to deliver the qualified house to party b as stipulated in articles 1 and 2 of this contract, it shall be liable for compensation of RMB yuan.
2. if either party fails to fulfill the relevant provisions stipulated in article 4, the breaching party shall be responsible for compensating the other party in RMB.
3. if party b fails to pay the rent on time, it shall still pay the rent in arrears, and pay liquidated damages of% of the rent to party a every day.
4. Party A charges Party B fees other than the agreed rent, and Party B has the right to refuse to pay.
5. if party b transfers the leased house to others for use without authorization, party a has the right to order it to stop the transfer and terminate the lease contract. At the same time, Party B shall pay Party A a daily penalty of _ _% of the agreed rent.
6. at the expiration of this contract, if party b continues to use the leased premises without the consent of party a and pays liquidated damages to party a at the rate of% of the agreed rent within a day, party a still has the right to terminate the contract.
party a and party b agree to make economic claims for the above-mentioned breach of contract under the supervision of the visa authority of this contract.
Article 7 Exemption Conditions
1. If the house is damaged or Party B suffers losses due to irresistible reasons, Party A and Party B are not responsible for each other.
2. neither party a nor party b shall be liable for the losses caused by the demolition or renovation of the leased house due to municipal construction.
if the contract is terminated due to the above reasons, the rent shall be calculated according to the actual use time, and the overpayment shall be made.
article 8 dispute resolution
in case of any dispute during the performance of this contract, both parties shall settle it through negotiation; If negotiation fails, either party may apply to the house lease management authority for mediation. If mediation fails, it may apply to the Economic Contract Arbitration Committee of the Municipal Administration for Industry and Commerce for arbitration or bring a lawsuit to _ _.
article 9 other agreed matters
article 1 for matters not covered in this contract, both parties may sign a supplementary agreement through consultation. The supplementary agreement has the same effect as this contract after being approved by the Municipal Housing Leasing Administration and reported to the relevant departments for the record.
this contract is made in quadruplicate, with 2 originals, one for each party; In duplicate, send it to the Municipal Housing Authority and the Industrial and Commercial Bureau for the record.
lessor: (seal)? Lessee: (seal)
Legal representative: (signature)? Legal representative: (signature)
entrusted agent: (signature)? award