What are the circumstances under which the lease contract is invalid?

First of all, the parties must be qualified entities. The lessor or lessee does not have the corresponding capacity for civil conduct, resulting in the contract being invalid or its validity to be determined.

Secondly, the house rented by the lessor is a house that is expressly prohibited by law, which will lead to the invalidity of the lease contract. As long as the house is not prohibited by laws and regulations, it can be rented out in accordance with the law.

According to the regulations, houses under any of the following circumstances shall not be rented: failing to obtain the house ownership certificate in accordance with the law; Judicial and administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; The co-ownership of the house has not obtained the consent of the co-owners; The ownership is disputed; It is an illegal construction; does not meet safety standards; has been mortgaged, without the consent of the mortgagee; It does not comply with the relevant provisions of the competent departments of public security, environmental protection, health, etc.; Other circumstances where rental is prohibited by relevant laws and regulations.

Finally, if the content of the lease contract is illegal, it will also lead to the partial invalidity of the illegal content. There is also a common situation where someone uses the rented house to carry out illegal and criminal activities, if it is true, then under the circumstances that the lessor knows or should know, such a lease contract is invalid and is not protected by national law, and the rent is confiscated according to law.

Legal basis: Article 52 of the Contract Law, if one of the following circumstances occurs, the contract shall be invalid:

1) One party concludes a 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.

There are mainly the following situations in which the housing lease contract is invalid:

1. The lease contract signed between the lessor and the lessee for the houses that have not obtained the construction project planning permit or has not been constructed in accordance with the provisions of the construction project planning permit shall be invalid.

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.

2. The lease contract concluded between the lessor and the lessee for the temporary building built without approval or 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.

3. If the lease term 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.

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

If the parties agree that the registration and filing formalities shall be the 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.

1) The housing lease contract is invalid due to the incompetence of the subject of the contract

1. The housing lease contract signed by a person without civil capacity or a person without authority;

2. A housing lease contract signed by a person with limited civil capacity or a person who exceeds his authority.

2) The service lease contract is invalid because the leased house does not comply with the provisions of the law or the contract

1. The lease contract of illegal and illegal buildings is invalid: the lease contract of illegal buildings shall generally be found to be invalid, but if the legal procedures are obtained before the conclusion of the debate in the court of first instance, the people's court shall find it valid

1) Houses that have not obtained the construction project planning permit or have not been built in accordance with the provisions of the construction project planning permit;

2) Temporary structures that have not been approved or constructed in accordance with the approved contents;

3. If the lease term exceeds the service life of the temporary building, the excess part is invalid.

4) Houses that must be accepted by the public security and fire protection agencies, and houses that have not been accepted by fire protection or are unqualified by fire protection acceptance;

2. The lease term of the house is too long: if the lease term of the house exceeds 20 years, the excess part is invalid.

3. Invalidity of the co-owned house: In the absence of a special agreement between the co-owners, the lease of the co-owned house shall be agreed by the other co-owners, otherwise the lease contract will be deemed invalid if the co-owners do not recognize it.

4. Invalidity of sublease: If the lessee subleases the house without the consent of the lessor, the lessor claims that the sublease contract signed by the lessee and the sub-lessee is invalid. When the lessee subleases the leased premises to a third party with the consent of the lessor, and the sublease term exceeds the remaining lease term of the lessee, the people's court shall find that the agreement in excess is invalid.

Unless otherwise agreed between the lessor and the lessee.

1. What should I do if the housing lease contract is invalid?

When the rental contract is confirmed to be invalid, the tenant can apply to move out according to the principle of dealing with the invalid contract, and the rent lease will be restored to the state before the rental contract is signed, and the tenant shall restore the property to the state before the lease is signed.

In addition, if the party at fault for the invalidity of the rental contract shall also compensate the other party for the losses caused, and if both parties are at fault, they shall each bear the corresponding responsibility, that is, the corresponding economic compensation. If the tenant or landlord claims compensation for the losses suffered due to the invalidity of the contract, during the execution of the invalid contract, that is, the tenant has agreed to decorate the house with the consent of the landlord, and when the rental contract is invalid, the landlord agrees to use the house decoration, the discount can be owned by the landlord; If you do not agree to use it, it can be demolished by the tenant, and it is worth noting that attention should be paid to restoring the house to its original state during the demolition process.

However, if the tenant decorates and decorates without the consent of the landlord, the tenant shall bear the corresponding economic losses. In the event of a dispute between the tenant and the landlord during the execution of an invalid contract, if the two parties cannot reach a settlement, the relevant matters can be resolved directly through legal channels.

Legal Analysis: The circumstances under which the housing lease contract is invalid are:

1. If the lessor does not have the substantive right to rent the house, the contract is invalid;

2. If the illegally built house is used for rent, the lease contract is invalid;

3. If the term of the lease contract violates the provisions of the law, the contract shall be invalid;

4. If the subject matter of the lease is prohibited by law, the contract shall be invalid.

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

Article 153: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 where the perpetrator maliciously colludes with their counterparts to harm the lawful rights and interests of others are invalid.

The circumstances under which the housing lease contract is invalid are as follows:

1. The housing lease contract is invalid due to the incompetence of the subject of the contract.

1. The housing lease contract signed by a person without civil capacity or a person without authority;

2) Housing lease contracts signed by persons with limited civil capacity or persons exceeding their authority and without recognition.

2. The service lease contract is invalid because the leased house does not comply with the provisions of the law or the contract.

1) The lease contract of illegal construction is invalid;

2. The lease term of the house is too long: if the lease term of the house exceeds 20 years, the excess part is invalid.

3) Invalidity of the co-owned house: In the absence of a special agreement between the co-owners, the lease of the co-owned house shall be subject to the consent of the other co-owners, otherwise the lease contract will be deemed invalid if the co-owners do not recognize it.

Legal basisArticle 705 of the Civil Code stipulates that the lease term 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 term of the lease shall not exceed 20 years from the date of renewal.

The conditions for the invalidity of the lease contract are:

1. One party to the contract does not have the corresponding capacity for civil conduct or civil rights, and the aforesaid circumstances cannot be corrected;

2. Violating the mandatory provisions of laws and administrative regulations;

3. Harming the interests of the state or society;

4. Other invalid conditions of the housing lease contract.

1. What are the legal grounds for the invalidity of the contract?

In any of the following circumstances, the contract or part of the contract may be deemed invalid:

1) A contract concluded by one party by means of fraud or coercion that harms the interests of the state;

Note: A contract concluded by one party by fraud or coercion is a contract with an untrue expression of intent, which is generally a contract that can be changed or revoked, and is only invalid if it damages the interests of the state.

2) Contracts that collude in bad faith and harm the interests of the state, the collective or a third party;

3) Contracts in which a legal form conceals an illegal purpose;

4) Contracts that harm the public interest;

5) Contracts that violate the mandatory provisions of laws and administrative regulations;

6) The terms of the contract that exempt the other party from liability for causing personal injury to the other party or causing damage to the other party's property due to intentional or gross negligence.

7) The clause that exempts the party providing the standard clause from liability, increases the liability of the other party, and excludes the main rights of the other party is invalid.

In addition, civil acts carried out by persons without civil capacity or persons with limited capacity for civil conduct who cannot independently carry out them in accordance with law are invalid civil acts. Therefore, the failure of the subject may also lead to the invalidity of the contract.

2. Can the conditions or duration of the termination of the contract be agreed?

The conditions or duration of the termination of the contract may be agreed. The manner in which the contract will come into force may also be stipulated. According to the Civil Code of the People's Republic of China, the contract shall be invalid under any of the following circumstances:

1. One party concludes a contract by 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. Legally covering up illegal purposes;

4. Harming the public interest;

5. Violating the mandatory provisions of laws and administrative regulations.

Article 100 and 44 of the Civil Code of the People's Republic of China.

Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

Article 146.

Civil juristic acts carried out by the perpetrator and the relative Danshi Mengren 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 153.

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.