Does the landlord have to have the key to the rental house to rent a house? 100

At present, the legal awareness of some citizens is still relatively weak, and lawyers believe that after the house is rented, the landlord is only the owner of the property rights, and the right to use the house has been transferred to the tenant. Therefore, the landlord does not have the right to enter without the permission of the resident, otherwise the tenant's right to use the house and privacy is violated.

Legal but unconscionable, unless you sign a rental agreement with such a binding clause that can be relied upon.

There is no legal awareness in writing this article, you can consult a lawyer before posting.

Legal Analysis: Generally, landlords can keep a copy of the key. Whether or not to keep the keys for the tenant is generally based on the prior agreement between the tenant and the landlord, and if there is a clear agreement in the rental contract that the landlord is not allowed to keep the keys, then the landlord cannot keep the keys.

If both parties agree that they can keep the key, the landlord can keep the key.

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

Article 703 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

Article 704 The contents of the lease contract include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

Article 721 The lessee shall pay the rent within the agreed period. Where there is no agreement on the payment period or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the lease period is less than one year, it shall be paid at the expiration of the lease period; If the lease period is more than one year, it shall be paid at the expiration of each year, and if the remaining period is less than one year, it shall be paid at the expiration of the lease period.

Do the math how much it will cost you to renovate your home

Most landlords generally keep a key to the rented house in their own hands, which makes the renter feel that their life safety and property security are not guaranteed, and there is no sense of security. Let's take a closer look with the Bureau of Destruction and Knowledge.

Does the landlord leave the keys for renting a house.

1. Generally speaking, the landlord can keep a key in his hand. If the tenant and the landlord sign the rental contract, there is a clear agreement in the contract that the landlord will not keep the key, then the landlord cannot keep the key.

2. If the tenant and the landlord sign the rental contract, the contract does not clearly stipulate that the landlord will not keep the key, and the landlord has the key in his hand, in the absence of evidence, once there is a loss of property in the rental house, then the landlord holding the key may need to bear the risk of compensation for the loss of the renter's property.

3. If the landlord wants to keep the key, then he should negotiate amicably with the renter, and it should be agreed in the contract that the landlord should keep the key, but the tenant can replace it with a new door lock, but when the tenant moves out, the key needs to be replaced with the original door lock, etc.

4. The landlord can also negotiate amicably with the tenant, let himself keep one key, and give all the other keys to the renter, and make it clear that the landlord can enter and exit the rental house only when the tenant is present. Then put the landlord's key in a sealed letter bag, seal it, and the renter will sign it at the seal. Then give it to the landlord for safekeeping, which can prevent the renter from losing the key, leaking water, and leaking electricity, and the landlord's key can come in handy.

The above is a detailed introduction to whether the landlord of the house has left the key, I hope it can help friends in need. Whether the landlord keeps the key depends on the agreement between the tenant and the landlord, and you can arrange it according to your actual situation and ideas.

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Legal analysis: In China's laws and regulations, although there is no explicit provision on whether it is legal for the landlord to keep the key. However, the lessee and the lessor may negotiate with each other to sign a contract to restrain the other party from complying with the promise and not violating the agreement.

For example, without revealing the tenant's privacy, the landlord can keep the house key in case of emergency. If the lessor divulges the tenant's privacy, or uses the key to do something other than agreed, the lessee has the right to claim damages from the lessor.

Legal basis: Contract Law of the People's Republic of China

Article 60: Legal persons independently bear civil liability with all of their assets.

Article 61: In accordance with the provisions of the law or the legal person's charter, the responsible person for engaging in civil activities on behalf of the legal person is the legal representative's legally-designated representative. The legal consequences of civil activities carried out by the legal representative in the name of the legal person shall be borne by the legal person. The legal person's charter or the legal person's authority body's restrictions on the legal representative's right to represent must not be opposed to the bona fide counterpart.

There is no clear legal provision on whether the key can be kept, so the tenant cannot force the landlord to hand over the key, but the two parties can negotiate and write it into the contract.

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 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

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 losses.

It is possible to negotiate with the landlord. If the landlord wants the tenant to ask the tenant to leave a spare key, then the tenant should discuss with the tenant in advance and promise the tenant that he will not enter and leave the rental house at will.