Is the lease contract invalid or invalid?

According to 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, a contract may be invalid under the following circumstances:

Article 2 The lease contract concluded between the lessor and the lessee shall be invalid for the construction of the house without obtaining the construction project planning permit or not in accordance with the provisions of the construction project planning permit. However, where a construction project planning permit is obtained before the conclusion of the first-instance court's debate or construction is approved by the competent department, the people's court shall find it valid.

Article 3 The lease contract concluded between the lessor and the lessee for the temporary building that has not been approved or not built in accordance with the approved content is 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, where the extension of the period of use is approved by the competent department before the conclusion of the debate in the court of first instance, the people's court shall find that the lease period during the extended period of use is valid.

Article 4 Where a party requests confirmation of the invalidity of a housing lease contract on the grounds that it has not gone through the registration and filing formalities in accordance with laws and administrative regulations, the people's court shall not support it.

Where the parties agree that going through the registration and filing formalities is a condition for the housing lease contract to take effect, such agreement shall prevail. However, one of the parties has already fulfilled the main obligation, unless the other party has accepted it.

The house is the joint property of two people, first of all, it depends on how you signed the lease contract at that time, whether the two owners of the house signed the contract at the same time, if the contract is signed by the same person, then your contract is a valid contract.

If the property right is more than one person, then the signing of the contract should also be signed by all three parties, otherwise if one party does not agree, the contract is invalid, and the three parties should also confirm and sign when the contract is terminated, unless one party authorizes one party to accept it.

See what you say? As long as he has a contract, as long as there are words and words, these can be regarded as formal contract evidence, whether you are oral or face-to-face, you must have the consent of both parties and press the handprint, so as to achieve a certain legal effect.

Houses under any of the following circumstances shall not be rented: (1) they are illegal buildings; (2) It does not meet the mandatory standards for safety, disaster prevention and other engineering construction; (3) Violating the provisions to change the nature of the housing hall; (4) Other circumstances that prohibit leasing by laws and regulations. (5) Other invalidity of lease contractsThe Contract Law stipulates:

The contract shall be invalid under any of the following circumstances: (1) one party concludes the contract by means of fraud or coercion, which damages the interests of the state; (2) maliciously pretending to collude to harm the interests of the state, the collective or a third party; (3) concealing an illegal purpose in a lawful form; (4) Harming the public interest; (5) Violating the mandatory provisions of laws and administrative regulations.

Legal basis: Article 6 of the Administrative Measures for the Leasing of Commercial Housing stipulates that a house shall not be rented out under any of the following circumstances: (1) it is an illegal construction; (2) It does not comply with the mandatory standards for engineering construction such as fire safety and disaster prevention; (3) Changing the nature of the use of the house in violation of the regulations; (4) Other circumstances that prohibit leasing by laws and regulations.

5) Other Circumstances of Invalidity of Lease ContractThe Contract Law stipulates that the contract shall be invalid 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 to damage the interests of the state, the collective or a third party; (3) concealing an illegal purpose in a lawful form; (4) Harming the public interest; (5) Violating the mandatory provisions of laws and administrative regulations.

The lease contract is invalid in the following cases:

1) The subject of the housing lease contract is not qualified;

2) The leased house does not comply with the provisions of the law or the contract

3) The leased house is an illegal building;

4) The part of the housing lease term exceeding 20 years exceeds the Tongming judgment;

5) The lessee subleases the leased premises to a third party without the consent of the lessor.

[Legal basis].Article 6 of the Administrative Measures for the Leasing of Commercial Housing.

Houses under any of the following circumstances shall not be rented out:

1) It is an illegal construction;

2) Failure to comply with mandatory standards for safety, disaster prevention and other engineering construction;

3) Changing the nature of the use of the house in violation of regulations;

4) Other circumstances where laws and regulations prohibit rental.

Article 153 of the Civil Code.

The legal act of Minhuai major event that violates the mandatory provisions of laws and administrative regulations is invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

The following cases of lease contract are invalid: 1The lessor or lessee is incapacitated for civil conduct, and the company has not been recognized by the guardian afterwards.

2.The house rented by the lessor is a house that is expressly prohibited from being rented by law. 3.

The content of the housing lease contract is illegal, and the illegal content is invalid. Article 154 of the Civil Code: Civil juristic acts in which the actor maliciously colludes with the counterparty to harm the lawful rights and interests of others are invalid.

Legal analysis: 1. The parties who sign the lease contract do not have full civil capacity; 2. The intention of both parties is not true; 3. Violating laws, regulations, public order and good customs; 4. The house belongs to the specified type that cannot be rented.

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

Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.

Article 145:Civil juristic acts carried out by persons with limited capacity for civil conduct that are purely beneficial or that are appropriate to their age, intelligence, or mental health are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person.

The counterpart may urge the legally-prescribed person to make a retrospective recognition within 30 days from the date of receipt of the notice. If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize. Before a civil juristic act is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.

Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 147:The perpetrator has the right to request that the people's court or arbitration body revoke civil juristic acts carried out on the basis of a major misunderstanding.

Article 148:Where 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 that the people's court or arbitration institution revoke it.

Article 149:Where a third party commits fraudulent conduct, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know of the alteration of the fraudulent conduct, the defrauded party has the right to request that the people's court or arbitration institution revoke it.

Article 150:Where one party or a third party uses coercion to cause the other party to carry out civil juristic acts contrary to their true intentions, the coerced party has the right to request that the people's court or arbitration body revoke it.

Article 151:Where one party takes advantage of circumstances such as the other party's state of distress or lack of judgment ability, causing the civil juristic act to be clearly unfair when it is established, the injured party has the right to request that the people's nuclear court or arbitration body revoke it.

The invalidity of the lease contract includes violations of public order and good customs, the content violates the mandatory provisions of laws and administrative regulations, and the actor and the counterpart collude with each other to harm the legitimate rights and interests of others. A void contract is not legally binding ab initio.

Legal basis] Article 153 of the Civil Code of the People's Republic of China.

Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

Civil juristic acts that are contrary to public order and good customs are invalid.

Article 154.

Civil juristic acts in which the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid.

Article 155.

Civil juristic acts that are invalid or revoked are not legally binding from the beginning.

The circumstances in which the housing lease contract is not valid include: 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 not legal, 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 true, sensitive, and funny;

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 part of a civil juristic act is invalid and does not affect the validity of the other parts, the other parts are still valid.