What is the invalidity of the housing lease contract and what is the invalid contract of the housing

First of all, the parties must be qualified entities. The lessor or lessee does not have the corresponding capacity for civil conduct, resulting in the contract being invalid or its validity to be determined. Secondly, the house rented by the lessor is a house that is expressly prohibited by law, which will lead to the invalidity of the lease contract.

Finally, if the content of the lease contract is illegal, it will also lead to the partial invalidity of the illegal content.

According to Article 52 of the Contract Law, the contract shall be invalid under any of the following circumstances:

1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

2) Malicious collusion, harming the interests of the state, the collective, or a third party;

3) Concealing illegal purposes in a lawful form;

4) Harming the public interest;

5) Violating mandatory provisions of laws and administrative regulations.

The invalidity of the real estate lease contract may mainly exist in the case of leasing by a lessor without the right to lease, sublease by a sublessor without the right, or the use of the property by the lessee in violation of the contract.

An invalid lease contract means that the rent agreement is not valid, which means that there is no way to rent or rent a house.

The act of leasing without the right is an act of disposition without the right to dispose of it, and the validity of the resulting housing lease contract belongs to a contract whose validity is to be determined, and the right of disposition can only be made effective if it is recognized by the right holder or the person who has no right to dispose of it obtains the right to dispose of after entering into the contract, otherwise it will be an invalid contract.

According to the provisions of the first paragraph of Article 171 of the Civil Code, if the actor does not have the right to **, exceeds the right of **, or after the right is terminated, he still carries out the ** act, and it is not recognized by the ** person, it will not be effective against the ** person.

1. What is the difference between apparent and unentitled?

The difference between apparent and unentitled:

1. The constituent elements are different, and the lack of power is objectively not enough to make people believe that the actor has the right. Prima facie ** objectively has sufficient grounds for the third party to believe that the actor has ** right;

2. The lack of rights in the narrow sense is based on the protection of the interests of the person being subjected, and the apparent sense is based on the protection of the interests of a bona fide third party;

3. The legal consequences are different, the lack of power is a valid civil act, which is determined to be valid because it is recognized by the ** person, and is absolutely invalid because it is rejected by the ** person. The legal consequences of the apparent ** directly belong to the person being **.

The law stipulates that if the actor does not have the right to **, exceeds the right of **, or after the right is terminated, he still carries out the act of **, and it is not recognized by the person being recognized, it is not effective against the person being **.

2. How long is the statute of limitations for retrospective recognition of contracts whose validity is pending?

The statute of limitations for recognition of a contract with pending validity is within 30 days from the date on which the respondent receives the notice of the counterparty's reminder. If the person is not expressed, it shall be deemed to refuse to recognize, and the contract shall be invalid; If it is retroactively recognized within 30 days, the contract is valid.

According to Article 171 of the Civil Code implemented in 2021, if the actor does not have the right to **, exceeds the right of **, or after the termination of the right, he still carries out the ** act, and it is not recognized by the ** person, it will not be effective against the ** person.

The counterpart may urge the person being ** to make a retrospective recognition within 30 days of receiving the notice. If the person who is being subjected to the core grinds does not make an expression, it shall be deemed to be a refusal to recognize. Before the act carried out by the perpetrator is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.

Article 171 of the Civil Code.

Where the perpetrator does not have ** rights, exceeds ** rights, or after ** rights are terminated, they still carry out ** acts of traveling on land, and they are not recognized by the ** person, it is not effective against the ** person.

The counterpart may urge the person being ** to make a retrospective recognition within 30 days of receiving the notice. Where the person being ** fails to make an expression, it is deemed to be a refusal to recognize. Before the act carried out by the perpetrator is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.

Where the conduct carried out by the actor is not recognized, the bona fide counterpart has the right to request that the actor perform the debt or request compensation from the actor for the harm suffered. However, the scope of compensation shall not exceed the benefits that the counterparty can obtain when the person is recognized.

Where the counterpart knows or should know that the actor has no rights, the counterpart and the actor bear responsibility in accordance with their respective faults.

Legal analysis: the lease contract is invalid and lenient under one of the following circumstances: 1. It is signed by fraudulent means; 2. The content violates the mandatory provisions of the law; 3. The rented house is illegally built in the state; 4. The house does not have a construction project planning permit.

Legal basis: Article 148 of the Civil Code of the People's Republic of China provides that if one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

The circumstances that lead to the invalidity of the housing lease contract are: 1. The leased house is a house built illegally by the lessor, and the lessor does not have a certificate of ownership of the house; 2. If the lease term of the house is too long, more than 20 years, the part that exceeds the term will be invalidated; 3. If the lessee subleases the house to a third party without the consent of the lessor, the lease contract signed between the lessee and the third party is invalid.

[Legal basis].

Article 705 of the Civil Code provides that the term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid. Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts Article 3 The lease contract concluded between the lessor and the lessee for the temporary construction without approval or in accordance with the approved content shall be invalid. However, where construction is approved by the competent departments before the conclusion of the first-instance courtroom debate, the people's court shall find it valid. If the lease period exceeds the service life of the temporary building, the excess part is invalid.

However, if the term of use is extended with the approval of the competent department before the conclusion of the court of first instance's argument, the people's court shall find that the lease period within the extended period of use is valid.

Legal analysis: the circumstances under which a housing lease contract is invalid are: the lessor or lessee does not have the corresponding civil capacity, resulting in the invalidity of the contract or the validity of the contract is to be determined; The house leased by the lessor is a house that is expressly prohibited by law, resulting in the invalidity of the contract; The content of the housing lease contract is illegal, resulting in the invalidity of the illegal content.

Legal basis: Civil Code of the People's Republic of China

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 7 If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in the loss of the leased thing, it shall not be liable for compensation.

Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for the loss.

The housing lease contract is invalid under the following circumstances: the lessor or lessee does not have the corresponding civil capacity, resulting in the contract being invalid or the validity is pending; The house leased by the lessor is a house that is expressly prohibited by law, resulting in the invalidity of the contract; The content of the housing lease contract is illegal, resulting in the invalidity of the illegal content.

[Legal basis].Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 156.

Where a civil juristic act is partially invalid and does not affect the effectiveness of the other parts, the other parts are still valid.