After renting a house, does the contract need to go to the local real estate transaction center to r

After renting a house, it is not necessary to go to the local real estate transaction center to file the contract, but it is recommended to do so as much as possible. Here's why:

According to the provisions of Article 53 of the Law of the People's Republic of China on the Administration of Urban Real Estate, the lessor and the lessee shall sign a written lease contract, stipulating the terms of the lease term, the purpose of the lease, the lease **, the responsibility for repair, etc., as well as other rights and obligations of both parties, and register with the real estate management department for the record.

At the same time, according to Article 9 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China, the validity of the lease contract shall not be affected whether the lease contract is registered or not. However, an unregistered lease contract shall not be used against a third party, which may have a serious impact on the rights and interests of the lessee.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 53 For housing lease, the lessor and the lessee shall sign a written lease contract, stipulating the terms of the lease term, the purpose of the lease, the lease **, the responsibility for repair, etc., as well as other rights and obligations of both parties, and register with the real estate management department for the record.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China (1).

Article 9 In accordance with the provisions of paragraph 2 of Article 44 of the Contract Law, where laws and administrative regulations stipulate that a contract shall go through approval formalities, or go through formalities such as approval or registration before it takes effect, and the parties have not gone through the approval formalities before the conclusion of the debate in the court of first instance, or have not gone through the formalities for approval or registration, the people's court shall find that the contract has not taken effect; Where laws and administrative regulations stipulate that a contract shall go through registration formalities, but do not stipulate that it shall take effect after registration, the failure of the parties to go through the registration formalities shall not affect the validity of the contract, and the ownership of the subject matter of the contract and other real rights cannot be transferred.

If needed, both parties should go to the real estate center for the record with the contract and identity documents.

For the first time, both the owner and the tenant need to go, if you sign in the intermediary company, then the three rooms will go to the person, the tenant brings the ID card, the owner brings the ID card and a copy of the real estate certificate, and the intermediary company brings the contract. . .

Here are two suggestions.

First, whether you signed a contract with an agency, and if so. The intermediary company will take you to do these things, but you have to think clearly, the first time you have to pay a percentage of the tax, and then you have to pay a point every month, if it is not the company needs to be reimbursed by formal invoices, the intermediary company will tell you not to do it, it is very troublesome...

Second, if you are the owner, you need to think clearly, if you do this, you will need to pay taxes every month after that, even if you don't rent out the house, their rental office will always keep an eye on you...

If you don't go, of course, there is no guarantee.

It can be divided into two situations:

1) Business premises.

For this kind of house, to sign, change or terminate the housing lease contract, 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.

2) Residential buildings.

For residential buildings, although it is not necessary to file for the time being, in order to effectively protect the rights and interests of the tenant, it is best to register for the record, otherwise the lessor may rent the house to others. Similarly, the lessor is at risk of the tenant illegally renting the property to someone else. So it's best to prepare for the game, no matter what the case may be.

Procedures for housing registration and filing:

The parties shall, within 30 days after the signing of the lease contract, go through the registration and filing formalities with the real estate management department. The process is as follows: within 30 days after the contract is concluded, the housing lease registration and filing shall be filed with the real estate authority; Then submit the housing lease contract, the identity certificate of the parties, the house ownership certificate and other materials; If the requirements are finally met, a housing lease registration certificate shall be issued.

The required documents include:

1.Written lease contract;

2.Certificate of Ownership of the House;

3.Legal documents of the parties;

4.Other documents stipulated by the city people, including the certificate of the other co-owners of the rented co-owned house agreeing to rent, and the certificate of the authorization of the escrow of the house to be rented.

Legal basis

Article 14 of the Administrative Measures for the Leasing of Commercial Housing.

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 of the Administrative Measures for the Leasing of Commercial Housing.

In case of the first paragraph of Article 14 and Article 19 of these Measures, the competent department of construction of real estate of the people 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 rental contract needs to be filed with the Housing Authority. 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 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. If 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.

The documents that shall be submitted to apply for the registration and filing of housing lease are as follows:

1. Written lease contract;

2. Certificate of house ownership;

3. The legal documents of the parties;

4. Other documents stipulated by the urban people;

5. To rent a co-owned house, the proof of consent of the other co-owners must also be submitted;

6. If you rent a house entrusted to escrow, you must also submit a certificate of authorization from the entrusted custodian to rent. After the housing lease application is reviewed and qualified by the municipal and county people's ** real estate management department, the "Housing Lease Certificate" will be issued. After collection, it is strictly forbidden to forge, alter, lend or transfer the housing lease certificate.

If the lost housing lease certificate is lost, an application shall be made to the original issuing authority for reissuance.

Legal basisArticle 13 of the Measures for the Administration of Urban Housing Leasing.

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 people's housing increase management department of the city or county where the house is located.

Article 14. The parties to the housing lease shall, within 30 days after the signing of the lease contract, hold the documents specified in Article 15 of these measures to the municipal and county people's ** real estate management departments for registration and filing procedures.

Legal analysis: The housing lease contract is a contract in which the leaser delivers the leased house to the lessee, and the lessee pays the rent to the lessor. According to the provisions of China's urban real estate management law, the lessor and the lessee shall sign a written contract to stipulate 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.

Legal basis: "Search and grasp the People's Republic of China Urban Real Estate Management Law" Article 54 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.

Legal analysis: A housing lease contract is a contract in which the lessor delivers the leased house to the lessee, and the lessee pays rent to the lessor. According to the provisions of China's urban real estate management law, the lessor and the lessee shall sign a written contract to stipulate 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.

Legal basis: Law of the People's Republic of China on the Management 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.

Legal search analysis: The housing lease filing is handled at the Housing Authority.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 54 Housing rent, the tenant 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, and register with the real estate management department for the record.

Analysis of the law of selling Qinglu: The housing lease contract should be filed with the housing management bureau and the rental house code card should be processed. The "Law of the People's Republic of China on the Management of Urban Real Estate" stipulates that for housing leasing, the lessor and the lessee shall sign a written lease contract, stipulating the terms of the lease period, the purpose of the lease, the lease **, the responsibility for repair, etc., as well as other rights and obligations of both parties, and register with the real estate management department for the record.

Legal basis: "Law of the People's Republic of China on the Management 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 and travel department.