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A tenant is a tenant who rents out his or her own house to one person, and the rented house is rented.
In the lease contract, the party who has the right to use the leased property and pays rent to the other party according to the contract. A tenant may be referred to as a "lessee", for example, when a landlord owns a particular area of ownership, such as a stall, storefront, commercial premises or residence.
In the case of a lease, an agreement is signed with the owner of the property, and the other party who leases the premises or residence is the "lessee".
Rental housing disputes are commonly handled
1. If the tenant of public residential housing and the co-occupants with permanent residence in the city reach a consensus through consultation and request that the tenant's name be changed to one of the co-residents with permanent residence in the city, the lessor shall change it. If the tenant's household registration moves out of the city, the co-residents who have permanent residence in the city shall reach a consensus through consultation.
If the tenant is requested to change the name of the tenant to one of the co-occupants who have permanent residence in the city, the lessor shall agree.
2. If the negotiation is inconsistent, the lessor shall determine the lessee in writing from among the co-residents who have permanent residence in the city in the following order: the spouse of the original lessee; Children of the original tenant (according to the housing situation elsewhere, the length of residence); the parents of the original tenant; Others (according to the housing situation elsewhere, the length of residence).
3. In the event of the death of the tenant, if the co-occupants who had permanent residence in the city before their death reach a consensus and request to change the name of the tenant, the lessor shall agree.
If the negotiation is inconsistent, the lessor shall determine the lessee in writing in accordance with the provisions of the preceding paragraph. In the event of the death of the tenant, the spouse and immediate family members who did not have a permanent residence in the city before his death and did not have a permanent residence in the city before his death.
If a consensus is reached to change the name of the leased account, the lessor shall agree.
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The meaning of tenant is: the right to lease the house refers to the right of the lessor to deliver the house to the tenant for possession, use and income in the form of an oral or written contract, and the lessee pays rent to the lessor. It is one of the main forms of real estate transactions in daily life.
According to the nature of the use of the house.
It is divided into residential and non-residential property leasing; According to the nature of the ownership of the house, it is divided into public housing lease and private housing lease: according to whether the lease term of the house is determined, it is divided into indefinite lease and fixed-term lease: according to the nationality of the parties, it is divided into domestic lease and foreign-related lease.
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The house obtained from the demolition was not bought, there was no property right, and it was a rented house.
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For landlords, it is called "rental housing", and for renters, it is called "rental housing".
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Renting state-owned housing refers to the legal act of the owner or manager of public housing handing over state-owned or collectively-owned housing to the tenant for use, and the tenant paying the rent.
State-owned housing refers to all kinds of housing that are actually occupied and used by administrative institutions and their enterprises and leased to small and micro enterprises in the service industry and individual industrial and commercial households that meet the conditions.
Tenants who meet the conditions for enjoying the preferential policies for rent reduction and exemption may submit a written application for rent reduction and exemption to the rental unit before December 31, 2022, and submit the identity certificate of the legal representative of the tenant (the identity certificate of the operator), business license, lease contract, qualification confirmation statement and supporting materials. After the rental unit is reviewed, it shall be reported to the competent department for approval and implementation. If the housing assets involved are at the district level, they shall be implemented in accordance with the provisions of each district.
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Legal Analysis: The lessee refers to the party who enjoys the right to use the leased property in the lease contract and pays rent to the other party according to the contract. The lessor refers to the person who delivers the leased property to the lessee for use and income in the lease contract.
There is a contractual relationship between the lessor and the lessee.
Legal basis: Article 703 of the Civil Code of the People's Republic of China 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.
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Lease refers to the act of the lessor transferring the right to use the asset to the lessee to obtain rent within the agreed period. The main reasons for the existence of leasing are the following: tax savings; reduce transaction costs; Reduce uncertainty.
Leasing is an economic act of borrowing physical goods at a certain cost, and the lessor hands over a certain item in his possession to the lessee for use, and the lessee thus obtains the right to use the item for a period of time.
However, ownership of the items remains in the hands of the lessor. The lessee pays a fee (rent) to the lessor for the right of use it obtains.
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In the field of civil law, the tenant of a house is the party who has the right to use the rented house but does not have the ownership. Housing lease is the act of the owner of the house renting the house to the lessee for use, and the lessee pays the rent to the lessor.
1. The rights and obligations of the tenant and the rental house in the housing lease.
1. During the lease period, the lessor has the following obligations and rights.
1) For the lessor in the housing lease, the lessor shall first perform the obligation to deliver the leased object and the obligation to pay the leased object, which means that the lessor shall deliver the leased object to the lessee in accordance with the agreement, and the rentable obligation is to keep the leased object in accordance with the agreed purpose during the lease term;
2) Secondly, the rental house shall be responsible for the maintenance of the house during the lease period, unless otherwise agreed between the parties. If the lessor fails to perform the maintenance obligation, the lessee may repair it by itself, and the maintenance cost shall be borne by the lessor. If the use of the leased property is affected by the maintenance of the leased property, the rent shall be reduced or the lease term shall be extended accordingly;
3) When a third party asserts rights and causes the lessee to be unable to use the premises normally, the lessor shall bear the liability for defect warranty;
4) During the lease period, the rental property has the right to collect the full amount of rent according to the agreement between the parties.
2. During the lease period, the lessee shall enjoy the following rights and shall perform the following obligations.
1) When the property is bought and sold or auctioned, the lessee has the right of first refusal, and if the lessor fails to notify the lessee or there are other circumstances that hinder the lessee from exercising the right of first refusal, the lessee may request the lessor to bear the liability for compensation. However, the validity of the contract for the sale and purchase of the house concluded between the lessor and a third party shall not be affected.
2) Unless otherwise agreed by law, the tenant shall enjoy the cash register profit obtained from the occupation and use of the house during the lease period;
3) At the expiration of the lease term, the original lessee has the right of priority to obtain the lease;
4) With the consent of the lessor, the lessee may improve or add other things to the leased property;
5) The tenant shall take good care of the rental house during the lease period and use the rental house in accordance with the agreement;
6) During the lease period, the lessee shall pay the rent as agreed, and if the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract;
7) At the expiration of the lease term, the tenant shall return the leased premises.
2. The term of the lease of the house.
According to the relevant provisions of civil law, the maximum term of the housing lease shall not exceed 20 years, and if it exceeds 20 years, the excess part shall be invalid, and after the expiration of the lease term, the two parties may renew the lease, but the maximum shall not exceed 10 years. In addition, after signing the lease contract, it should be filed with the housing management department in a timely manner.
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