Do I need to sign a contract for a shared apartment?

It depends on whether the tenant agrees to share the lease, and if it does, there should be no hard and fast rules to sign.

Legal Analysis: Not required. If you make it clear to the landlord that you are sharing a house with multiple people at the beginning of the lease before the award, you only need to sign a contract and the people who share the house can sign it together, and you don't need to sign a contract with the buyer alone.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 54 For housing lease, the lessor and the lessee shall sign a written lease contract, stipulating the terms of the lease term, lease purpose, lease responsibility, repair responsibility, etc., as well as other rights and obligations of both parties, and register with the real estate management department for the record.

Article 55 The leasing of residential buildings shall be subject to the leasing policies stipulated by the State and the people of the city where the houses are located. If the premises are rented for production or business activities, the lease and other lease terms shall be negotiated and negotiated by both parties.

Article 50 If the owner of a house rents out a house built on State-owned land for which he has obtained the right to use it by way of allocation, he shall hand over the land income included in the rent to the State for the purpose of profit. The specific measures are stipulated by ***.

Legal analysis: Generally speaking, the housing lease contract requires the agreement between the lessee and the lessor, and if the lease period is more than 6 months, a written contract should be concluded. However, if you share a house with two friends, there is no mandatory requirement that you have to sign a contract together.

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 written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

Article 708 The lessor shall deliver the leased goods to the lessee in accordance with the agreement, and keep the leased items in accordance with the agreed use of the first stroke during the lease term.

Each tenant can sign a contract with the landlord separately, and it is also recommended that the landlord sign a certificate or explanation of consent to the shared tenancy. The parties to the housing lease shall enter into a lease contract in accordance with the law.

1. Is it legal for two people to sign a rental contract with only one person?

It is illegal for two people to sign a lease contract with only one person, and the lease contract is formed after the lessor and the lessee agree on the terms of rent, term, liability for breach of contract, etc. Whether the housing lease contract has legal effect after establishment is mainly examined from the following four aspects.

1) Whether the subject of the contract complies with the provisions, that is, whether the lessor and the lessee have the constitutive elements of a valid civil act. For example, whether Xiaoji is a person with no or limited civil capacity, or whether the lessor is the owner of the house or the person with legal right to use, etc.

2) Whether the house is prohibited by laws and regulations from being rented. As long as the house is not prohibited by laws and regulations, it can be rented out in accordance with the law.

3) Whether the content of the housing lease contract is legal. In practice, some lease contracts stipulate that the tenant will be charged a late fee for late payment of rent, utility bills, etc., on a daily basis2. From a legal point of view, this kind of agreement is unfair and voidable because the late payment fee is too high.

There is also a common situation that someone uses the rented house to carry out illegal and criminal activities, if it is true, then the lessor knows or should know that the lease contract is invalid, not protected by national law, and the rent is confiscated according to law.

4) Whether registration and filing have been carried out. The Law on the Administration of Urban Real Estate, the Measures for the Administration of Urban Housing Leasing and the leasing regulations of the city all stipulate that the parties to the lease shall go through the registration and filing procedures with the real estate management department. In practice, there are two views on whether an unregistered lease contract is valid, one is that the contract is invalid, and the other is that the lease contract is still valid but not effective against third parties.

2. How to determine the legal validity of the housing lease contract.

Examine whether the subject of the contract is qualified, that is, whether the lessor and the lessee have the constitutive elements of a valid civil act, such as whether they are persons with no capacity for civil conduct or persons with limited capacity for civil conduct. Self-examination of whether the lease is prohibited by laws and regulations, as long as the laws and regulations do not prohibit renting out the house, it should be rentable.

The contract shall be deemed to be established after the lessor and the lessee enter into a housing lease contract, and both parties reach an agreement on the terms of the leased premises, rent, term, liability for breach of contract, etc.

Legal analysis: Each tenant can sign a contract with the landlord separately, and it is also recommended that the landlord sign a certificate or explanation of consent to the shared tenancy. The parties to the housing lease shall enter into a laughing trail lease contract in accordance with the law. The content of the housing lease contract shall be agreed upon by both parties.

Legal basis: Article 7 of the Administrative Measures for the Leasing of Commercial Housing: 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: sedan car merger.

1) The name and address of the parties to the housing lease;

2) The location, area, structure, ancillary facilities, furniture and household appliances and other indoor facilities of the house;

3) the amount of rent and deposit, and the method of payment;

4) Lease purpose and housing use requirements;

5) the safety performance of houses and indoor facilities;

6) the term of the lease;

7) Responsibility for house 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.

1. How many people to sign a co-lease contract depends on the specific situation: 1. Each tenant and the landlord can sign a contract separately, and only one tenant needs to be written in the contract. 2. If all the lessees sign a contract with the lessor, the identity information of all lessees should be written in the contract; location, area, facilities, and purpose of the rental property; the duration of the rent; the amount of rent and the method of payment; Liability for maintenance and breach of contract during the rental period.

2. Legal basis.

Article 7 of the Administrative Measures for the Leasing of Commercial Housing: 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 and household appliances and other indoor facilities of the house;

3) the amount of rent and deposit, and the method of payment;

4) Lease purpose and housing use requirements;

5) the safety performance of the house and indoor facilities;

6) the term of the lease;

7) Responsibility for house maintenance;

8) The payment of property services, water purity, electricity, gas and other related fees;

9) Dispute resolution and liability for breach of contract;

10) Other Agreements.