1, the civil code does not explicitly stipulate that the lease contract cannot be signed in advance;
2. According to relevant regulations, the lease contract shall be a legal, fair and equal agreement voluntarily concluded by the parties concerned, and shall comply with the provisions of laws and regulations;
3. When signing a lease contract, both parties shall conclude a contract according to law, and clearly stipulate the lease term, rent, house use and other relevant terms in the contract;
4. If the lease contract is signed in advance, it is necessary to ensure that the contents of the contract comply with the legal provisions, and both parties reach an agreement through voluntary consultation to avoid disputes and legal risks arising from signing the contract in advance.
The conditions for signing the lease contract are as follows:
1. Voluntary of both parties: The lease contract shall be concluded by the parties voluntarily, and there shall be no illegal acts such as coercion or fraud;
2. Legitimacy of the contents of the contract: the lease contract shall comply with the provisions of laws and regulations and shall not violate the basic principles such as national laws, administrative regulations, public order and public morality;
3. The content of the contract is clear: the lease contract should clearly stipulate the lease term, rent, house use and other related terms to avoid disputes in the future;
4. Fairness of contract content: The lease contract shall be legal, fair and equal, and shall not harm the legitimate rights and interests of either party.
To sum up, if there are illegal clauses in the lease contract, or both parties commit fraud, coercion and other illegal acts when signing the contract, they may all be considered as invalid contracts, and their legal effect will be affected. Therefore, when signing a lease contract, both parties should carefully review the terms of the contract to ensure the legality and effectiveness of the contract.
Legal basis:
Article 705 of the Civil Code of People's Republic of China (PRC)
The lease term shall not exceed twenty years. More than twenty years, the excess part 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.
Chapter seven hundred and six
If the parties fail to go through the formalities of registration and filing of the lease contract in accordance with the provisions of laws and administrative regulations, the validity of the contract will not be affected.
Chapter seven hundred and seven
If the lease term exceeds six months, it shall be in written form. If the parties fail to determine the lease term in writing, it shall be regarded as an indefinite lease.