According to the different nature of the leased house ownership, the house lease contract can be divided into public house lease contract and private house lease contract. I will bring you the standard house lease contract. For more house lease contracts, please click "House Lease".
Standard House Lease Contract 1
Party A: _ _ _ _ _ _ _ _ (lessor)
Party B: _ _ _ _ _ _ _ _ _ (lessee)
Through friendly negotiation, according to the Contract Law and the relevant regulations of the state and local governments on house lease, the two parties hereby agree.
part I general situation of the house
article 1 party a guarantees that the house leased to party b is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If it is entrusted lease, there should be an entrustment agreement between the house owner and the trustee.)
Article 2 Legal overview of the house
1. Registrant of the house ownership certificate: _ _ _ _ _, ID number: _ _ _ _ _;
2.No. of house ownership certificate: _ _ _ _ _;
3.No. of land use right certificate: _ _ _ _ _;
4. The building area registered in the property ownership certificate: _ _ _ _ _;
5. usable area of the house:
6. annex buildings of the house and facilities used by the owner of the house: _ _ _ _
article 3: overview of the rented house: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
part ii lease term
article 4 lease term: from _ _ _ _ _ _ _ to _ _ _ _ _ _ _ _. It shall be postponed in the following circumstances:
1) Force majeure occurs;
2) Party A fails to deliver the house in time due to abnormal reasons;
3) The house is uninhabitable due to reasons not attributable to Party B;
4) it is changed in writing through negotiation between both parties.
Part III Rent Terms
Article 5 The rent is RMB _ _ _ _ _ _ yuan per month (in words: _ _ _ _)
Article 6 The rent is paid quarterly; Within fifteen days from the effective date of this contract, Party B shall pay Party A the rent for 1 quarter; In the future, the rent for the next quarter shall be paid before the end of the last month of each quarter. (You can also agree on the date of paying the rent by month, year, etc.)
Article 7 Place of paying the rent: _ _ _ _ _;
article 8 payment method of rent: _ _ _ _ (cash, cheque, money order, transfer, etc.);
article 9 party a shall provide a legal and valid invoice when collecting the rent, otherwise party b has the right to refuse to pay the rent.
Part IV Related Expenses
Article 11 The taxes generated during the lease period of the house shall be borne by _ _ _ _ _, and shall not be changed due to the invalidity, cancellation or change of this lease contract, unless both parties reach a written change agreement.
Article 11 During the lease period, Party B shall bear the gas, water, electricity, telephone, cable TV and network usage fees required for normal life; Environmental sanitation fees, public security fees and property management fees shall be borne by _ _ _ _.
article 12 during the lease period, the right to use the house belongs to party b, including the external wall, roof, underground space and ancillary facilities (such as bicycle parking spaces and car parking spaces) of the house that party a has ownership or independent right to use.
Part V Alteration of the House and Establishment of Other Rights
Article 13 During the lease period, if Party A transfers the ownership of the house to a third party, it shall notify Party B in writing three months in advance, and Party B shall have the preemptive right at the same price. After the ownership of the real estate is transferred to a third party, the third party will become the natural Party A of this contract, enjoy the rights and assume the obligations of the original Party A, and Party A will no longer assume the rights and obligations stipulated in this contract.
article 14 during the lease period, if party b wants to sublease the house to a third party, it must obtain the written consent of party a .. The third party who obtains the right to use becomes the natural Party B of this contract, enjoys the rights and undertakes the obligations of the original Party B, and Party B no longer undertakes the rights and obligations stipulated in this contract.
article 15 during the lease period, if party a wants to establish a mortgage on the house, it must inform party b in writing two months in advance, and party b has the right to decide whether to continue the lease. If Party B has no objection or inaction within 7 days, it shall be deemed as approval of Party A's behavior. If Party B decides to terminate this contract, the lease relationship shall be calculated from the day after the notice of termination of this contract reaches Party A..
if party a fails to inform party b according to the above agreement, party b has the right to unilaterally terminate this contract at any time and hold party a liable for breach of contract.
article 16 party a may establish other rights without the consent of party b, but it shall inform party b in writing _ _ _ _ months in advance.
part VI house repair
article 17 during the lease period, party a shall be responsible for the normal maintenance of the house, or entrust the lessee to do the maintenance on its behalf, and the maintenance fee shall be borne by party a .. Party A shall ensure that the house can meet the needs of Party B's normal use and residence.
article 18 during the lease period, if the house is damaged naturally or artificially, or the roof leaks, which is not attributable to party b, which affects the normal living and living of party b, party a shall make repairs within 7 days from the date of receiving the notice from party b, and party b shall have the right to make repairs on its own after 7 days.
article 19 during the lease period, if the house is in danger of toppling over, or otherwise seriously hinders the normal residence of party b, or threatens the safety of life and property of party b, party a shall immediately repair or temporarily remedy it after receiving the notice from party b. if party a neglects or ignores this, or fails to take maintenance measures, party b may withdraw the lease or repair it on behalf of party a ..
article 21 party b may offset the rent or claim it back from party a for the cost of repairing the house, and may hold party a liable for breach of contract.
Part VII Rights and Obligations of Party A
Article 21 Party A promises to truthfully explain and explain to Party B the situation of the house and the general situation around it, including the ownership of the house, the number of house maintenance, property management, public security, environment, etc., and truthfully answer Party B's relevant inquiries, otherwise it will be regarded as fraud.
article 22 if party a fails to provide the leased house to party b within the time stipulated in this contract, it shall pay a penalty of RMB _ _ _ _ _ _ yuan to party b every day, and the accumulated rent shall not exceed _ _ _ _ _ months.
article 23 during the lease period, if party a really needs to take back the house for self-occupation, it must notify party b in writing _ _ _ _ months in advance. After the termination of the contract, Party A shall pay liquidated damages, which shall be calculated as _ _ _% of the total rent payable during the remaining lease term.
article 24 during the lease period, if there is any demolition behavior approved by the government or through normal legal procedures, it shall be implemented in accordance with the national demolition regulations and local relevant regulations on demolition.
article 25 if party b moves out of the rented house within the contract period due to party a's reasons, party a shall not only bear the liability for breach of contract, but also pay the discount decoration fee to party b in one lump sum.
The discount decoration expenses shall be negotiated by both parties. In case of disagreement, the highest compensation standard of the local people's governments at or above the county level for the decoration expenses of the demolished houses shall be implemented.
Part VIII Rights and Obligations of Party B
Article 26 If Party B pays the rent as agreed in this contract, and Party A refuses it without justifiable reasons, Party B shall not be responsible for the delay in paying the rent.
article 27 during the lease period, if party b needs to return the house, it must notify party a in writing _ _ _ _ months in advance. If both parties reach a consensus to terminate the contract, Party B shall pay Party A liquidated damages, which shall be calculated as 21% of the total rent payable during the remaining lease term.
article 28 during the lease period, if party b changes the structure and use of the house without the consent of party a and intentionally or negligently causes damage to the rented house and equipment, it shall be responsible for restoring the original state or compensating for economic losses. If Party B needs to decorate walls, install windows and security doors, it must obtain the consent of Party A in advance. If it needs to be approved by the government, it should be approved by the relevant departments before construction.
article 29 the equipment and articles decorated and installed by party b in the house can be transferred to party a at a discount when the contract expires; If both parties fail to reach an agreement, Party B shall dismantle the house by itself within 7 days from the expiration of the contract and restore the house to its original state. If it exceeds 7 days, Party A has the right to keep it free of charge or dismantle it by itself, and the demolition expenses shall be borne by Party B within a reasonable amount.
article 31 if the contract is terminated or expires in advance according to this contract, party b shall move out all the equipment and articles within 15 days from the date of receiving the formal written notice from party a, unless otherwise negotiated by both parties. If Party B really has difficulties in finding another house in a short period of time or has other special circumstances, Party A shall allow Party B to postpone for _ _ _ _ days, but Party B shall pay off the rent in one lump sum according to the rent agreed in this contract. If there are still leftovers in the house within _ _ _ _ days after the relocation, if there is no agreement between the two parties, it will be deemed that Party B has given up the ownership and Party A will handle it.
article 31 if party b fails to move after the lease expires or the contract is terminated, party b shall compensate party a for the economic losses incurred.
article 32 if party b needs to renew the lease upon its expiration, it shall notify party a in writing _ _ _ days in advance, and party a shall raise an objection or negotiate with party b to renew the lease within _ _ _ _ days after receiving the written notice; If Party A fails to give a written reply within _ _ _ _ _ days from the date of receiving Party B's written notice, it shall be deemed as tacit consent to Party B's lease renewal, and this contract will be automatically extended for one year, starting from the day after the expiration of _ _ _ _ _ _.
article 33 when the lease expires, party b shall have the priority to lease under the same rent.
Part IX Force Majeure and Exceptions
Article 34 Force Majeure refers to unforeseeable, unavoidable and insurmountable objective natural conditions.
article 35 if either party or one party fails to perform or fully perform the relevant obligations agreed in this agreement due to force majeure, both parties shall not be liable for breach of contract. However, in case of force majeure, one or both parties shall inform the other party of the situation within _ _ _ _ days after the occurrence of force majeure, and provide the certificate of the relevant department. Within a reasonable time after the influence of force majeure is eliminated, one or both parties shall continue to perform the contract.
article 36 if the force majeure lasts for more than _ _ _ months, either party has the right to terminate the contract unilaterally.
article 37 during the performance of the contract, if the house leaks or collapses, or the house is considered dangerous, or other reasons make it impossible for Party B to live and live normally, Party A shall reduce the rent for this period before Party A completes the maintenance or repair.
article 38 if this contract cannot be performed due to force majeure, this contract will be terminated naturally. party a shall return the excess rent paid by party b within _ _ _ _ days from the date of termination of this contract, and other related issues shall be handled according to relevant national regulations.
Part X Notices
Article 39 Any notice or other contact issued by either party according to this Agreement shall be written in Chinese, and the notice may be delivered by hand, or sent to the other party by registered mail, or by recognized courier service or fax. The date when the notice is deemed to be effectively delivered shall be determined according to the following methods:
(1) A notice submitted by a special person shall be deemed to be delivered on the day when it is delivered by a special person;
(2) A notice sent by fax shall be deemed to have been delivered on the 1th working day after it is successfully sent and received.
Part XI Dispute Resolution
Article 41 Any dispute arising from the performance of this Agreement shall be settled by both parties through consultation. If negotiation fails, they may bring a lawsuit to the court where the house is located.
part XII effectiveness of contract
article 41 this agreement shall come into force as of the date of signature by both parties. if there are other provisions in this contract or laws and administrative regulations, such provisions shall prevail.
article 42 party a shall go through various formalities required by the state, such as house lease certificate, house lease registration, public security permit, etc. If Party A fails to go through the above procedures within 31 days from the date of signing this agreement by both parties, Party B has the right to terminate this contract.
part XIII liability for breach of contract
article 43 any party who fails to perform any of the terms agreed in this agreement shall be deemed to be in breach of contract.
article 44 either party shall confirm or raise written objections or supplementary explanations within _ _ _ _ days after receiving the written notice from the other party specifying the breach of contract. If you don't give a written reply within _ _ _ _ _ days, it will be deemed that you have accepted the contents stated in the written notice. In this case, Party A and Party B shall negotiate this issue. If negotiation fails, it shall be settled according to the dispute clause of this agreement. The breaching party shall bear the economic losses caused to the observant party by its own breach of contract.
part XIV claims
article 45 if this contract cannot be performed due to improper reasons of party a, party a shall return the rent paid by party b and all kinds of expenses invested by party b in advance based on trust. Including but not limited to the intermediary fees paid by Party B, the moving expenses to and from Party B, the decoration fees paid by Party B and those that will be incurred although not paid, and the fixed equipment installation fees added by Party B for the normal living and living needs (such as cable TV installation fees, telephone installation fees, electrical installation fees, electric wire and meter installation fees, central air conditioning channel installation fees, gas pipeline installation fees, network installation fees, heating installation fees, etc.).
article 46 if the contract cannot be performed due to improper reasons of party a, party a shall pay compensation of RMB _ _ _ _ _ (in words: _ _ _ _ _) to party b in one lump sum within _ _ _ _ _ days from the date when the contract cannot be performed.
article 47 if the contract cannot be performed due to improper reasons of party b, party b shall pay party a compensation of RMB _ _ _ _ _ (in words: _ _ _ _ _) in one lump sum as compensation for indirect losses to party b within 7 days from the date when the contract becomes invalid, otherwise, party a has the right to temporarily detain the rent paid by party b. All kinds of expenses (with the same meaning as Article 45) invested by Party B in advance based on trust shall not be compensated by Party A..
article 48 if party b fails to pay the payable rent, it shall pay liquidated damages to party a at the rate of _ _ _ _% of the payable rent every day since the overdue date, but the accumulated liquidated damages shall not exceed _ _ _ _ months' rent. If Party B is in arrears with the rent for more than _ _ _ _ days, Party A has the right to take back the house and hold Party B liable for breach of contract
Article 49 If Party A fails to deliver the house to Party B as agreed in the contract, it shall pay Party B a penalty of RMB _ _ _ _ _ _ yuan per day from the overdue date, but the cumulative penalty shall not exceed _ _ _ _ months' rent. Where Party A delivers the house over _ _ _ _ days overdue, Party B has the right to unilaterally terminate the contract and hold Party A accountable.
article 51 if the disputes arising from the performance of this contract cannot be settled through negotiation, the breaching party shall bear the expenses incurred by the observant party to safeguard its own rights and interests.