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There are only two parties to the lease contract itself, the lessor and the lessee. At the early stage of concluding a contract, or before the conclusion of a contract, the intermediary provides intermediary services, which can be said to be equivalent to the identity of the ** person. After the conclusion of the contract, the ** service is terminated, the ** contract provided by the intermediary or the intermediary contract has been performed, and the intermediary itself does not need or can not assume obligations and enjoy rights in the lease contract.
Legal analysisAt the early stage of concluding a contract, or before the conclusion of a contract, the intermediary provides intermediary services, which can be said to be equivalent to the identity of the ** person. After the conclusion of the contract, the ** service is terminated, the ** contract provided by the intermediary or the intermediary contract has been performed, and the intermediary itself does not need or can not assume obligations and enjoy rights in the lease contract. Therefore, if there is a conflict with the landlord during the tenancy of the premises, it can only be negotiated with the landlord or arbitrated and litigated.
The intermediary only acts as a certifier. Intermediary is a kind of service that provides intermediate services to customers. Precautions for signing a lease contract with an intermediary:
1. Find the right middleman. If you want to go through an agent during the rental process, it's best to identify an agent first, and be cautious when choosing an agent. You can refer to the size of the intermediary, whether the intermediary's fees are clear, and the reputation of the intermediary.
2. Determine the legal identity of the lessor. Review the lessor's valid legal ID card, house ownership certificate and other documents to ensure that it is not an illegal lease to avoid fraud. If another person is entrusted to rent out the house, the owner of the house shall issue a power of attorney and sign a housing lease entrustment contract with the trustee.
If the person rents on behalf of the tenant, a letter of authorization shall be issued for the owner of the house to entrust the person to rent. If the rent is collected on behalf of the lessee, the relevant entrustment documents shall be issued. 3. Before signing the contract, the furniture in the house shall be counted in the presence of the lessor.
In order to avoid unnecessary disputes in the future, the tenant should take an inventory of the furniture in the house, including the number of furniture, and check the quality of the furniture. 4. Check whether the content of the housing lease contract is complete, whether there are special agreed items, and whether the agreement is clear. According to the relevant provisions of the Contract Law, the content of the housing lease contract shall include:
the name or address of the parties to the lease; the location, size, structure, ancillary facilities and equipment of the house; the right to use the house; the date of delivery of the house; the term of the lease; the amount, method of payment and duration of the rent; Requirements for the use of the house and responsibility for maintenance.
Legal basisLaw of the People's Republic of China on the Administration of Urban Real Estate Article 53 Housing lease refers to the act of the owner of the house as the lessor leasing his house to the lessee for use, and the lessee pays rent to the lessor.
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1. There are only two parties to the housing lease contract itself, namely the lessor and the lessee.
2. In the early stage of the contract, or before the contract is concluded, the intermediary provides intermediary services, which can be said to be equivalent to the identity of the first. After the contract is concluded, the service has ended, the contract or the intermediary contract provided by the intermediary has been performed, and the intermediary itself does not need and cannot assume obligations and enjoy rights in the lease contract.
3. Therefore, if you have a conflict with the landlord during the housing lease period, you can only negotiate with the landlord or go through arbitration or litigation. The intermediary only acts as a referee in it.
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1. You can take a look at the content of the contract signed with the intermediary at that time, and whether there is any agreement in this regard;
2. What is the problem of your house now?
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Legal Analysis: No. The contract signed between the parties and the intermediary is an intermediary contract, and the contract signed with the lessor is the lease contract, so the rental must sign a housing lease contract with the lessor.
Legal basis: Civil Code of the People's Republic of China
Article 703 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.
Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.
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 919:An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs.
Article 961:An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude the contract or provides intermediary services for the conclusion of the contract, and the client pays remuneration.
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Legal Analysis: A purchase contract that is not signed directly with the landlord or tenant through an intermediary is legally valid. However, certain conditions need to be met, first of all, it should be a legal rental entity, secondly, the house should also be legally rented, and finally the content of the contract should comply with the law, and the contract should be recorded, so that the contract is valid.
Legal basis: Article 961 of the Civil Code of the People's Republic of China An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of a contract, and the client pays remuneration. Article 962:The intermediary shall truthfully report to the client on matters related to the conclusion of the contract.
Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information, harming the interests of the client, it must not request payment of remuneration and shall bear the liability for compensation.
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A rental contract that is not signed through an agent is valid.
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A rental contract that is not signed through an agent is valid as long as it meets the following conditions:
1. When signing the rental contract, both parties belong to persons with full civil capacity;
2. The signed rental contract belongs to the true intention of both parties, and there is no fraud, coercion, etc.;
3. The content of the rental contract does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs;
4. The term of the rental contract shall not exceed 20 years, and the excess part is invalid.
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Valid, as far as I know, a rental contract without going through an agent is also valid.
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Renting is not a contract with an agent, renting is a contract with a landlord. The contract entered into between the parties and the intermediary is an intermediary contract, while the contract concluded with the lessor is the lease contract. Therefore, if the parties lease the house, they need to enter into a rental contract with the lessor.
Legal basis: Article 703 of the Civil Code The lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent. Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.
Article 705 The term of the lease shall not exceed 20 years. If it is more than 20 years old, more than part of the brother state is invalid. Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.
Article 919:An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the client's affairs. Article 961:An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude the contract or provides intermediary services for the conclusion of the contract, and the client pays remuneration.
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