matters needing attention in house leasing
matters needing attention
matters that the lessee should pay attention to;
1. Check the lessor's house property certificate and valid identity certificate
2. Review the lessor's House Lease Certificate
3. When signing the lease contract, you should ask who will bear the rent, water, electricity, heating, gas (natural gas) and property management fees.
4. Require the lessor to pay the water, electricity, heating, gas (natural gas) and other expenses before renting the house.
5. Payment method
The lessor should pay attention to:
1. Check the identity certificate to see if the people from other provinces and cities have legal residence certificates.
2. The lessee uses the house and stipulates in the contract that there shall be no illegal acts.
The house under any of the following circumstances shall not be rented
1. There is no legal certificate of house ownership;
2. The judicial organs and administrative organs decide to seal up or restrict the real estate rights in other forms according to law.
3. * * Some houses have not been obtained * * * Some people have opinions;
4. The ownership is disputed;
5. It is an illegal building;
6, does not meet the safety standards;
7. It has been mortgaged without the consent of the mortgagor;
8. it does not meet the relevant regulations of the competent departments of public security, environmental protection and health.
= = = = = = = = = = = = = = = = = = Rights, obligations and precautions of both parties to the lease
First, determine the location and apartment you want to lease, the rental price you are willing to bear and the payment method. Then find the right house for you through various media. You can look for it yourself, or you can look for a house that suits you through an intermediary company with formal qualifications.
1. Payment method:
1. Residence: Basic payment method: one mortgage and three payments; Bet one and pay six; Put it on for the whole year.
2. Apartment: the basic payment method: one mortgage and three payments; Pay two for two; Pay one for half a year, and pay one for the whole year
3. Dealer: same apartment
4. Villa: same apartment
2. Charging method of intermediary company:
1. After signing the residential lease contract, the customer will be charged one month's rent as the intermediary fee, and the room inspection fee will be exempted.
2. The apartment charges the owner one month's monthly rent as the agency fee.
3. The landlord will charge the owner one month's monthly rent as the agency fee, and the customer will have to pay RMB 111 for a house (shuttle bus).
4. The villa charges the owner one month's monthly rent as the agency fee, and the customer has to pay a house-checking fee of 111 yuan to see a villa (shuttle bus).
3. Precautions
1. Bring your legal and valid documents, such as ID card and passport, when renting a house.
2. Ask the owner to show legal and valid property certificate and personal identification certificate
3. If renting a house through an intermediary company, ask the intermediary company to show legal and valid business qualification certificate.
IV. Rights and obligations of both parties to the house lease
The lessee: enjoys the legal right to use the house as listed in the lease contract and within the lease validity period; For the leased houses, the real estate operators are required to carry out repairs according to regulations; Have the right to supervise and suggest real estate operators (lessors); When the lease expires, the lessee has the priority to continue to lease or purchase. Its due obligations are: paying rent on time; Shall not sublet, lend or transfer the leased property or change the use of the property without permission; Take good care of the decoration and equipment of the house; Abide by the national policies and regulations on real estate leasing.
lessor: has the right to collect rent on schedule and supervise and inspect the lessee; The lessee is in breach of contract and has the right to contact the contract to terminate the lease relationship, recover the property and deal with it according to laws and regulations; Prevent the lessee from violating the relevant national and local policies and regulations during the lease period. The due obligations are: to ensure the lessee's legal right to use; Repair the property according to the repair scope stipulated in the contract; Publicize the relevant regulations on real estate.
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Precautions before signing the house lease contract! (strongly recommended)
Precautions before signing the house lease contract! (Highly recommended) A careful landlord will list the details and the old and new degree of furniture supplies in the annex to the contract to avoid disputes when it expires. For rooms with electrical appliances, it is necessary to check whether the electrical appliances are damaged before signing the contract, otherwise, the general landlord will not be responsible for maintenance during the lease period. Appendix 1:No.: Lessor (hereinafter referred to as Party A): Lessee (hereinafter referred to as Party B): In accordance with the Contract Law of the People's Republic of China and relevant laws and regulations, Party A and Party B, on the basis of equality and voluntariness, have entered into this contract for the purpose of clarifying the rights and obligations of both parties. Article 1 Party A guarantees that the leased house conforms to the relevant national regulations on leased houses. Article 2 Location, area, decoration and facilities of the house 1. The house leased by Party A to Party B is located in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The house number is. 2. The area of the rented house is * * * _ _ _ _ square meters (construction area/usable area/interior area). 3. For details of the existing decoration, facilities and equipment of the house, please refer to the annex to the contract. The annex serves as the acceptance basis for Party A's delivery to Party B for use in accordance with the contract and for Party B's return of the house at the expiration of the lease term of this contract. Article 3 Party A shall provide real estate license (or valid proof of lease right), identification certificate (business license) and other documents, and Party B shall provide identification documents. After verification, both parties can copy each other's documents for storage. All copies are for this lease only. Article 4 Lease Term and Purpose 1. The lease term of the house is * * * _ _ months. From _ _ _ _ _ _ _ to _ _ _ _ _ _ _ _ _. 2. Party B promises to Party A that the leased property will only be used as _ _ _ _ _ _. 3. 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 wants to renew the lease, it must notify Party A in writing months before the lease expires, and sign the lease contract again after Party A agrees. Article 5 Rent and payment method 1. The monthly rent of the house is _ _ _ _ _ _ _ (say _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _). The total rent is _ _ _ _ _ _ _ yuan (say _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _). 2. The payment method of house rent is as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ After receiving the payment, Party A shall provide Party B with a valid receipt. Six related expenses and taxes during the lease period 1. Expenses that Party A should bear: (1) During the lease period, the property tax of the house and land shall be paid by Party A according to law. If the relevant government departments levy expenses related to the house that are not listed in this contract, Party A shall bear them. (2) 。 2. Party B shall pay the following fees: (1). (2) 。 Party B shall pay its own expenses on time. Party A shall not increase the fees not clearly paid by Party B in this contract without authorization. Article 7 Repair and Use of Premises 1. During the lease period, Party A shall ensure the safety of the leased premises. The maintenance responsibility of the house and its affiliated facilities shall be borne by Party A (except for improper use by Party B), except as agreed by both parties in this contract and supplementary terms. If Party A proposes to carry out maintenance, it shall notify Party B in writing days in advance, and Party B shall actively assist and cooperate. After Party B makes a maintenance request to Party A, Party A shall provide maintenance services in time. Party A has no obligation to repair the decoration part of Party B.. 2. Party B shall reasonably use the leased premises and its ancillary facilities. If the house and facilities are damaged due to improper use, Party B shall immediately be responsible for repair or economic compensation. If Party B changes the internal structure of the house, decorates or sets up equipment that has an impact on the house structure, the design scale, scope, technology, materials and other schemes must be approved by Party A in writing before construction. Unless otherwise agreed by both parties, Party A has the right to choose one of the following rights: (1) The decoration attached to the house belongs to Party A.. (2) Require Party B to restore to its original state. (3) Charge Party B the actual expenses incurred in the restoration project. Article 8 Transfer and Sublease of the House 1. During the lease period, Party A has the right to transfer the leased house according to legal procedures. After the transfer, this contract will remain valid for the new house owner and Party B.. 2. Without the consent of Party A, Party B shall not sublease or lend the leased house. 3. When Party A sells the house, it must notify Party B in writing months ago. Under the same conditions, Party B has the preemptive right. Article 9 Modification, dissolution and termination of the contract 1. Both parties may modify or terminate this contract through consultation. 2. If Party A commits one of the following acts, Party B has the right to terminate the contract: (1) The house cannot be provided or the provided house does not meet the agreed conditions, which seriously affects the residence; (2) Party A fails to fulfill the obligation of house repair, which seriously affects the residence. 3. During the lease period, if Party B commits any of the following acts, Party A has the right to terminate the contract and take back the leased house; (1) Sublet or lend the leased house without the written consent of Party A.. (2) Dismantle and change the structure of the mobile house without the written consent of Party A.. (3) Damaging the leased house and failing to repair it within the reasonable period proposed by Party A.. (4) Without the written consent of Party A, change the lease purpose of the house agreed in this contract. (5) Use the leased house to store dangerous goods or engage in illegal activities. (6) Failing to pay all expenses that should be paid by Party B according to the agreement within the time limit has caused serious damage to Party A.. (7) Arrears of rent for more than months. 4. Before the lease expires, if Party B wants to continue the lease, it shall notify Party A in writing months before the lease expires. If Party A still wants to rent out after the expiration of the lease term, under the same conditions, Party B has the priority to lease. 5. When the lease expires, the contract will be terminated naturally. 6. If the contract cannot be performed due to force majeure, the contract shall be terminated. Article 11 Acceptance of House Delivery and Recovery 1. Party A shall ensure that the leased house itself and ancillary facilities and equipment are in a normal state of use. 2. Both parties shall participate in the acceptance. If there is any objection to the hardware facilities and equipment such as decoration and utensils, it shall be put forward on the spot. If it is difficult to detect and judge on the spot, it should be advocated to the other party within days. 3. Party B shall return the leased house and ancillary facilities and equipment to Party A after the lease expires. 4. When Party B returns the house to Party A, it shall keep the house, facilities and equipment in good condition, and shall not leave any articles or affect the normal use of the house. Party A has the right to dispose of the articles retained without consent. Article 11 Provisions on Handling Party A's Liability for Breach of Contract 1. If Party A cancels the contract because it cannot provide the house agreed in this contract, it shall pay Party B a penalty of% of the total rent of this contract. Party A shall not only pay the liquidated damages as agreed, but also compensate the losses beyond the liquidated damages. 2. If Party B requests Party A to continue to perform the contract, Party A shall pay Party B a late fee of times the daily rent for each day of overdue delivery. Party A shall also bear the losses caused to Party B due to overdue delivery. 3. If Party B organizes maintenance due to Party A's delay in performing maintenance obligations or emergency, Party A shall pay Party B the expenses or deduct the rent, but Party B shall provide valid documents. 4. If Party A takes back the house in advance in violation of this contract, it shall pay liquidated damages to Party B according to% of the total contract rent. If the liquidated damages paid are insufficient to make up for Party B's losses, Party A shall also be liable for compensation. 5. Party A shall compensate Party B for the loss if this contract is invalid due to the defective ownership of the house or illegal rental of the house. Article 12 Party B's liability for breach of contract 1. During the lease period, if Party B commits any of the following acts, Party A shall have the right to terminate the contract and take back the house, and Party B shall pay liquidated damages to Party A according to% of the total contract rent. If the liquidated damages paid are insufficient to make up for Party A's losses, Party B shall also be responsible for compensation until all losses are made up. (1) Subletting or lending the house to others for use without the written consent of Party A; (2) Without the written consent of Party A, demolish or change the structure of the house or damage the house; (3) Changing the lease purpose stipulated in this contract or using the house for illegal activities; (4) Arrears of rent for more than months. 2. During the lease term, if Party B fails to pay the fees agreed in this contract, it shall pay Party A a late fee of% of the total fees for each day overdue. 3. During the lease term, if Party B withdraws the lease without Party A's consent, Party B shall pay Party A liquidated damages in the amount of% of the total contract rent. If the liquidated damages paid are insufficient to make up for Party A's losses, Party B shall also be liable for compensation. 4. If Party B fails to pay the rent in time, Party B shall pay a late fee of twice the daily rent for each day overdue. 5. Upon the expiration of the lease, Party B shall return the house as scheduled. If Party B fails to return the goods within the time limit, it shall pay Party A a penalty of times the original rent for each day overdue. Party B shall also bear the losses caused to Party A due to overdue return. Article 13 Exemption Conditions 1. Party A and Party B shall not be responsible for any losses caused by the inability to continue the performance of this contract due to force majeure. 2. If Party A and Party B suffer losses due to the need to demolish or renovate the leased house due to national policies, they shall not be responsible for each other. 3. If the contract is terminated due to the above reasons, the rent shall be calculated according to the actual use time, and if it is less than a whole month, it shall be calculated according to the number of days. 4. Force majeure refers to "unforeseeable, unavoidable and insurmountable objective circumstances". Article 14 For matters not covered in this contract, supplementary terms may be concluded through negotiation between Party A and Party B.. Supplementary clauses and annexes are an integral part of this contract and have the same legal effect as this contract. Article 15 Dispute Settlement Disputes arising under this contract shall be settled by both parties through consultation or application for mediation; If no settlement can be reached through negotiation or mediation, it shall be settled by the following _ _ _ _ _ _ _ _ (only one of the following two methods can be selected): 1. 2. Bring a lawsuit to the people's court with jurisdiction according to law. Article 16 Other agreed matters 1, 2 and 17 This contract shall come into force after both parties sign (seal). Article 18 This contract and its annexes are in duplicate, each of which shall be held by Party A and Party B.. Have the same legal effect. Party A: Party B: ID number (or business license number): ID number: Telephone: Fax: Fax: Address: Postal Code: Postal Code: Real Estate CertificateNo.: Qualification certificate number of real estate agency: signing representative: signing date: year month day signing date: year month day signing place: signing place: facility list is Party A shall provide Party B with the following facilities and equipment: 1. Gas.