What are the legal consequences of not filing a housing lease contract?

Hello, the failure to register the housing lease contract will have the following legal consequences:

1. Consequences for the lessor.

1) If the lessor fails to register and file the housing lease contract, it may be subject to administrative fines according to different local regulations. Article 32 of the Administrative Measures for the Leasing of Residential Housing in Shanghai (promulgated by Shanghai Municipal People's Order No. 68 on July 7, 2011) stipulates that "if the leasing party fails to go through the registration and filing procedures for the lease contract within the time limit, the district or county housing administrative department shall order it to make corrections within a time limit; If the correction is not made within the time limit, a fine of less than 1,000 yuan shall be imposed on the individual, and a fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed on the unit. ”

2) If the lessor fails to register and file the housing lease contract, if the lessee suffers losses due to the failure to realize the purpose of the contract, it will also bear the corresponding civil liability.

2. Consequences for the lessee.

1) If the tenant fails to register and file the housing lease contract, it will also be subject to corresponding administrative penalties in accordance with the provisions of the Administrative Measures for Residential Housing Leasing in Shanghai;

2) Unregistered contracts shall not be used against third parties. Article 15 of the Shanghai Municipal Housing Lease Regulations stipulates that "a housing lease contract shall not be used against a third party without registration and filing." "In this case, if there are several lease contracts on the same premises, the lease will be acquired by the tenant who has registered the contract;

3) Failure to register and file will further restrict the handling of relevant procedures.

If more details could be given, more detailed information could be made.

The first view is that a lease contract without obtaining a housing lease certificate is invalid without registration. The second view was that registration had no effect on the validity of the lease contract. As long as the parties reach an agreement on the main content of the contract, it is the true expression of the intention of the parties to the contract and is not violatedLaws and Regulations

The invalid circumstances specified are sufficient. The third view is that whether the lease contract is registered or not does not affect the validity of the lease contract, but the unregistered lease contract shall not be used against a third party.

Legal analysis

Housing lease is subject to a registration and filing system. If the lease contract is signed, changed or terminated, the parties shall register with the real estate management department of the municipality directly under the Central Government, city or county where the house is located. For commercial housing, the lessor and the lessee must bring the relevant materials to the real estate management department where the house is located to go through the registration and filing procedures within 30 days for signing, changing or terminating the housing lease contract.

For residential buildings, it is not necessary to file for the time being, but in order to effectively protect the rights and interests of the tenant, it is best to register and record, otherwise the lessor may rent the house to others at the same time; Similarly, the lessor also faces the risk of the tenant illegally renting the house to someone else. Lessors in Beijing should pay attention to the fact that all houses rented in Beijing must go through the registration and filing procedures at the district or county land resources and housing administration bureau or the sub-district office entrusted by it, and the township people's leasing service station. If one of the lessors or lessees is a person from Hong Kong, Macao or Taiwan or a foreigner, the lessor must file with the Municipal Bureau of Land Resources and Housing.

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 **, repair responsibility, etc., as well as other rights and obligations of both parties, and register with the real estate management department for the record.

Measures for the Administration of Commodity Housing Leasing》 Article 14 Within 30 days after the conclusion of the housing lease contract, the parties to the housing lease shall go to the competent department of construction (real estate) of the municipality directly under the Central Government, city or county where the leased house is located for the registration and filing of the housing lease. The parties to the housing lease may entrust others in writing to handle the registration and filing of the housing lease.

Legal analysis: 1. The competent department of construction (real estate) of the municipality, city and county shall order correction within a time limit;

2. If the individual fails to make corrections within the time limit, a fine of less than 1,000 yuan shall be imposed;

3. If the unit fails to make corrections within the time limit, a fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed.

Legal basis: Administrative Measures for the Leasing of Commercial Housing

Article 14 Within 30 days after the conclusion of the housing lease contract, the parties to the housing lease shall go to the municipal government, city and county where the leased house is located to go through the registration and filing of the housing lease.

The parties to the housing lease may entrust others in writing to handle the lease registration and filing.

23rd article in violation of the provisions of the first paragraph of article 14 and the provisions of article 19, by the municipality directly under the Central Government, the city and the county people's construction (real estate) department shall order correction within a time limit; If the individual fails to make corrections within the time limit, a fine of not more than 1,000 yuan shall be imposed; If the unit fails to make corrections within the search period, a fine of between 1,000 and 10,000 yuan shall be imposed.

Yes, according to the relevant laws and regulations, there are four constitutive elements for a valid civil juristic act; (1) The actor has the ability to perform the corresponding civil acts. (2) The civil juristic act carried out is the true expression of the intention of both parties. (3) The civil legal act carried out by the actor does not violate the mandatory provisions on the validity of laws and administrative regulations; (4) The civil juristic acts carried out by the perpetrator do not violate public order and good customs.

Therefore, as long as the housing lease contract meets the above requirements, respecting Li is a valid civil juristic act, and the lease contract is legal and valid.

If the housing lease contract is not recorded, the competent department of construction (real estate) of the municipality directly under the Central Government, city or county shall order it to be corrected within a time limit; If an individual fails to change the town within the time limit, he shall be fined less than 1,000 yuan; If the unit fails to make corrections within the time limit, it shall be fined not less than 1,000 yuan but not more than 10,000 yuan.

1. Can not paying five insurances and one housing fund be used as a written clause of the labor contract?

It is not possible to agree that the labor contract does not pay five insurances and one housing fund. If the employer fails to handle the five insurances and one housing fund, the social insurance administrative department shall order it to make corrections within a time limit; If the correction is not made within the time limit, the employer, the directly responsible person in charge and other directly responsible personnel shall be fined. The employee may unilaterally terminate the employment contract on this ground.

Second, can I not demolish the illegal construction fine if it has been approved?

After the offender is fined, the building that meets the demolition conditions still needs to be demolished. Illegal buildings shall be ordered to stop construction by the competent departments of urban and rural planning of local people's governments at or above the county level; If corrective measures can still be taken to eliminate the impact on the implementation of the plan, corrections shall be made within a time limit and a fine shall be imposed; if it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit; and where it cannot be dismantled, the physical object or illegal income shall be confiscated, and a fine may be imposed concurrently.

3. Which department is in charge of changing the internal structure of the house.

It shall be managed by the local people's ** real estate administrative departments at or above the county level. Illegal construction in residential areas, by the people's construction administrative departments at or above the county level shall order the demolition within a time limit, and impose a fine of not less than 1,000 yuan but not more than 5,000 yuan on the owners and property users, and a fine of not less than 5,000 yuan but not more than 50,000 yuan on decoration enterprises; If it is not demolished within the time limit, the people's construction administrative department at or above the county level may apply to the people's court for compulsory enforcement.

Article 14 of the Administrative Measures for the Leasing of Commercial Housing stipulates that within 30 days after the conclusion of the housing lease contract, the parties to the housing lease shall go to the competent department of construction (real estate) of the municipality directly under the Central Government, city or county where the leased house is located to handle the registration and filing of the housing lease. The parties to the housing lease may entrust others in writing to handle the lease registration and filing. Article 23 stipulates that in violation of the provisions of the first paragraph of Article 14 and Article 19 of these measures, the competent department of construction (real estate) of the people's government of the municipality, city and county shall order correction within a time limit; If the individual fails to make corrections within the time limit, a fine of not more than 1,000 yuan shall be imposed; If the unit fails to make corrections within the time limit, it shall be fined not less than 1,000 yuan but not more than 10,000 yuan.

The legal consequences of not going through the registration and filing procedures for the housing lease contract.

1. Impact on the validity of the lease contract.

1. If there is an agreement, if the contract stipulates that the registration and filing procedures are the conditions for the housing rental contract to take effect, the lease contract shall take effect after the registration and filing procedures, but even if the registration and filing procedures have not been completed, if one party to the contract has fulfilled the main obligations and the other party has accepted, the contract will also take effect. If the lessor has delivered the leased house to the lessee, and the lessee has taken possession of the house, the lessee shall pay the rent to the lessor, and the lessee shall accept it.

2. If there is no agreement in the contract, there is no necessary connection between whether the contract goes through the filing and registration procedures and the contract takes effect. If there is no special condition for the contract to take effect, the contract shall come into force from the date of signature or seal of both the lessee and the lessor in accordance with the relevant provisions of the contract law.

3. Although the lease contract has not gone through the filing and registration procedures, it will not affect the validity of the lease contract. But the following consequences may occur:

2. It cannot be used against a bona fide third party. If the house is rented without registration, it may affect the tenant's rights

1. If the house is rented out first, according to the law, the lease will not be broken by the sale.

2. If the house is rented out first and then mortgaged, according to the law, the mortgagee cannot use the mortgage right against the tenant right. That is, after the mortgage is realized, it does not affect the performance of the lease contract.

3. If the house is leased first, and the court seals and freezes later, then the lease right should be protected by law, and the principle of buying and selling without breaking the lease can be used.

3. In the case of renting several rooms for one room, it may affect the continued performance of the lease contract.

According to Article 6 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, if the lessor enters into several lease contracts for the same house, and the lessee claims to perform the rubber bucket contract under the condition that the contracts are all valid, the people's court shall determine the lessee to perform the contract in the following order:

1) Those who have lawfully occupied the rented housing;

2) Those who have already gone through the formalities for registration and filing;

3) The contract was formed first.

The housing lease contract has no legal effect if it is not recorded, but it shall not be used against a bona fide third party. The contract shall be formed when the two parties reach an agreement on the content of the housing lease contract, and shall come into force when both parties sign and seal or meet the conditions agreed by the parties. The validity of the housing lease contract is not premised on registration, and whether it is filed and registered with the housing management department does not affect the legal validity of the contract.

1. Whether the alteration of the lease contract is valid.

It is possible to alter the housing lease contract, but the altered content will not be effective without the signature and seal of the altered part by both parties. After the housing lease contract takes effect, the parties must fully perform the agreed obligations in accordance with the contract, and shall not alter or terminate the contract without consensus, and shall not arbitrarily add additional obligations.

2. The effective time of the pledge contract.

The effective time of the chattel pledge contract is the day the contract is signed. Specifically, the chattel pledge contract takes effect after the signature and confirmation of both parties, and the chattel pledge model in China adopts the written adversarial doctrine of immediate registration, that is, the chattel pledge right is established according to the written contract between the parties, but without registration, it shall not be against a third party, otherwise it is invalid.

3. What are the specific procedures for changing the housing lease contract?

The procedure for changing the lease contract is as follows:

1. The lessor and the lessee negotiate the change;

2. Sign the housing lease contract according to the agreement;

3. The lessor shall bring the identity certificate and the changed housing lease contract to the competent department of construction (real estate) of the municipality directly under the central government, city or county where the house is located for the registration and filing of the change of housing lease.

According to Article 543 of the Civil Code, which came into effect in 2021, the parties to Yuanbubi can change the contract by consensus.

The first paragraph of Article 14 of the Administrative Measures for the Leasing of Commercial Housing stipulates that within 30 days after the conclusion of the housing lease contract, the parties to the housing lease shall go to the competent department of the people's construction of the municipality, city or county where the leased house is located to handle the registration and filing of the housing lease.

Article 215 of the Civil Code.

Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

Article 502.

A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses.

If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.