After signing the housing lease contract, how can Party A and Party B have legal benefits?

Housing lease, the lessor and the lessee shall sign a written lease contract, agreeing on the lease term, lease purpose, lease **, repair responsibilities and other terms, as well as other rights and obligations of both parties, whether the contract has legal effect after the establishment of the contract is mainly from the following aspects: the subject of the contract must comply with the provisions. For example, both parties should have the corresponding capacity for civil rights and civil conduct, and the lessor should be the owner of the house or the person with the legal right to use the house. A contract is entered into on equal and voluntary terms by both parties.

A contract concluded by one party by means of fraud or coercion is null and void. The house is not prohibited by laws and regulations from renting. For example, houses that are illegal buildings, do not meet safety standards, and change the nature of housing use in violation of regulations cannot be rented.

The content of the contract should be legal. When concluding and performing a contract, the parties shall abide by laws and administrative regulations, respect social morality, and must not disrupt the social and economic order, harm the public interest, and must not cover up illegal purposes in a lawful form. The contract shall be registered with the real estate management department.

If it is not registered, the contract will be null and void or cannot be used against third parties. Legal basis: Article 54 of the Urban Real Estate Management Law of the People's Republic of China provides that for housing lease, the lessor and the lessee shall sign a written lease contract, stipulating the lease term, lease purpose, lease **, repair responsibilities and other terms, as well as other rights and obligations of both parties, and register with the real estate management department for the record.

Article 52 of the Contract Law of the People's Republic of China shall invalidate the contract under any of the following circumstances: (1) one party concludes the 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.

Whether a contract concluded in accordance with the law is established or not will take effect depends on the circumstances. The first view is that a contract concluded in accordance with the law is protected by law, the housing lease contract is an expression of the true intention of both parties, the content of the contract does not violate the mandatory provisions of the law, and the contract is legal and valid.

The second view is that the lease contract is invalid. If the house ownership certificate is not obtained when renting the house, and although it is obtained afterwards, the rental registration or supplementary registration is not carried out, so the lease is invalid.

The third view is that the housing lease contract was formed but did not take effect. The reason is that the Contract Law stipulates that a contract can only take effect if the law or administrative regulations stipulate that it shall go through formalities such as approval and registration.

The lease contract is signed by both parties. However, Article 53 of China's Real Estate Management Law stipulates that the housing lease contract shall be filed with the real estate management department; The Measures for the Administration of Urban Housing Leasing promulgated by the Ministry of Construction also stipulate that housing leasing shall be subject to a registration and filing system; At the same time, the Measures stipulate that houses that have not obtained a house ownership certificate cannot be rented. The contract did not enter into force.

1. Basic information of the lessor;

2. Lease terms;

3. Rent terms;

4. Margin terms;

5. Supporting facilities clauses;

6. Sublease clause;

7. Decoration terms;

8. Keep the liability clause properly;

9. Maintenance liability clause;

10. Other matters.

Legal basis] Article 470 of the Civil Code, the content of the contract shall be agreed upon by the parties, and generally include the following clauses:

1) The party's surname, brother's name, or name, and address;

b) the subject matter; iii) quantity;

4) the amount of quality lead side-attack;

5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Qiheng's method of resolving disputes.

The parties may conclude a contract with reference to the model texts of various types of contracts.

When A and B sign a housing lease contract, they should pay attention to checking the valid identity certificate and the lease contract; Pay attention to clarify the lease term, sublease matters, rent payment time, payment method, liability for breach of contract, and maintenance liability, and require the lessor to provide rent and sales receipts; Note that the termination of the contract should be agreed upon.

Article 703 of the Civil Code of the People's Republic of China A lease contract is a combination of the lessor's delivery of the leased property to the lessee for use and income, and the lessee's payment of rent. Article 704 of the Civil Code of the People's Republic of China The content of the lease contract generally includes the name, quantity, use, lease term, rent and payment period and method of the leased object, maintenance of the leased object, etc. Article 705 of the Civil Code of the People's Republic of China 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.

Party A (lessor): ID number: Party B (lessee):

ID Number: After full understanding and negotiation between Party A and Party B, the following rental contract has been agreed upon by both parties: 1. The location, area, decoration, facilities and equipment of the house

Yuan per month, Party B should pay once a month, and pay first and then live. For the first time, Party B shall pay the rent to Party A at the same time as Party A delivers the house; For the second and subsequent rent payments, Party B shall pay in full one month in advance. 5. Other agreed matters during the lease period:

1. Both parties shall provide real and valid real estate certificates, ID cards and other documents. 2. Party A shall pay attention to the good house, facilities and equipment, and shall not damage the house decoration, structure, facilities and equipment, otherwise it shall be compensated according to the price. If there is non-man-made damage in use, it should be repaired by Party A.

3. The usage fees of water, electricity, gas, **, Internet, cable TV, etc., as well as all expenses such as property, elevator, and sanitation fees shall be paid by Party B. Copy the check-in date: water, electricity, gas.

All fees shall be paid on time. 4. The house is only for the use of Party B, and Party B shall not sublease, change the nature of use or use it for illegal purposes without permission. After renting the house, Party B shall immediately complete the procedures for lease registration and temporary resident registration.

In the event of an illegal event, Party B shall bear the consequences. During the lease period, if Party A really needs to take back the house in advance, it shall obtain the consent of Party B in advance, and shall compensate Party B for any losses caused. 5. Once the contract is signed, neither party may terminate it in advance.

During the lease period, if the force majeure factors cause the inability to continue to perform this contract, this contract will be terminated naturally, and both parties shall not be liable for breach of contract. 6. Party A and Party B agree that if Party B needs to issue rent invoices, the taxes and fees incurred shall be paid by Party B. 7. Matters not covered in this contract can be resolved through negotiation between the two parties and supplementary terms shall be made, which shall have the same effect as this contract.

If there is a dispute between the two parties, they shall first negotiate amicably, and if the negotiation fails, the people's court shall make a ruling. 8. This contract shall come into force upon signature (seal). 9. Other agreed matters:

6. Liability for breach of contract: If either party A or Party B breaches the contract, the breaching party shall pay liquidated damages to the non-breaching party, and the liquidated damages shall be RMB, and additional compensation shall be made if the loss exceeds the liquidated damages. 7. This contract shall be executed in duplicate, one copy of which shall be held by Party A and Party B, and shall have the same legal effect.

Legal analysis: The conclusion of a contract, also known as the conclusion of a contract, is the unification of the dynamic behavior and static agreement between the two parties to the contract, which includes not only the entire dynamic process of contact and negotiation between the parties before reaching an agreement, but also the agreement formed after the two parties reach an agreement and determine the main terms of the contract or the terms of the contract. There is no provision in the laws and regulations on the rental contract of Party A and Party B.

Party A and Party B in the lease of Hegao Soutong, generally the lessor is Party A, and the lessee is Party B.

Legal basis: "Measures for the Administration of Commodity Housing Leasing" Article 7 The parties to the housing lease shall enter into a lease contract in accordance with the law. The content of the housing lease contract shall be agreed upon by both parties and shall generally include the following contents:

1) The name and address of the parties to the housing lease; (2) The location, area, structure, ancillary facilities, furniture, household appliances and other indoor facilities of the house; (3) The amount and method of payment of rent and deposit; (D) the purpose of the lease and the requirements for the use of the house; (5) the safety performance of houses and indoor facilities; (6) the term of the lease; (7) Responsibility for housing maintenance; (8) Payment of property services, water, electricity, gas and other related fees; (9) Dispute resolution and liability for breach of contract; (10) Other agreements. The parties to the housing lease shall stipulate in the housing lease contract the measures for handling the expropriation or demolition of the house. The construction (real estate) management department may, in conjunction with the administrative department for industry and commerce, formulate a model text of the housing lease contract for the parties to choose.

The legal provisions of the lease contract are as follows: the lessor may lease the house with ownership in accordance with the law, the lessor shall provide the house to the lessee for use, and the lessee shall pay the agreed rent on a regular basis and return the house to the lessor in good condition when the lease relationship is terminated. Housing leases shall be registered in accordance with the law, and shall not be used against bona fide third parties without registration.

Article 703 of the Civil Code of the People's Republic of China A lease contract is a contract in which the lessor delivers the leased property to the lessee for use, the income from the molded trouser stool, and the lessee pays the rent. Article 704 of the Civil Code of the People's Republic of China The content of the lease contract generally includes the name, quantity, use, lease term, rent and payment period and method of supporting the trip, maintenance of the leased property, etc. Article 706 of the Civil Code of the People's Republic of China Where the parties fail to go through the formalities for the registration and filing of the lease contract in accordance with the provisions of laws and administrative regulations, the validity of the contract shall not be affected.

Legality of the lessor's rental of the house The lessor has the right to rent the house, which forms the basis of the housing lease contract for the legality, validity and performance of the contract. The lessor is the owner of the house and holds the title certificate; The lessor is the owner of the house and does not have a certificate of ownership, but has a construction project planning permit, or has a commercial housing sales contract and is the buyer in the contract, and the contract has been pre-registered and pre-registered at Lianglufeng Gate of the Housing Registration Department; The lessor is the co-builder of the house, and there is a cooperative construction contract with the holder of the planning permit for the Jingsheng construction project (i.e., the builder of the house and the owner of the house after the rent is completed), and the co-builder has agreed to lease it. As a lessee, you must check the original of the above-mentioned certificates and documents of the lessor, and keep copies as much as possible; If the lessor is a unit, it is necessary to check the copy of the business license of the unit, or the registration certificate of the public institution or other registration documents, and keep the copy.

If the person rents the house on behalf of the person, it is necessary to check the identity document and keep the copy of the person; Check the original power of attorney of the **person to see if the **person has the authority to rent, and the power of attorney of the **person should be retained, such as a copy, and the copy should be required to be signed by the **person in person.