Is it okay to rent a house with one person on file and another person without a record?

If you rent a house, one person has a record, and if you share a house, the other person also needs to file it. However, if you only come to stay occasionally, you can pay for it at your own expense.

If the two of you are sharing a house, you still need to file both of them, so that you can contact the tenant in case something happens. If the two of you are a family, you can file for the record alone, but it is best for both of you to file for the record.

Renting a house requires a rental contract, which needs to be signed by both the tenant and the landlord, and one copy of each must be kept. infusion, so all landlords who rent out of the house have a record.

It is okay to file a shared house alone, but the filing party can be responsible for the party that did not file, and if something happens, both people must be recorded.

Renting a house requires both people to go to the record, and one person cannot be filed according to one person, which is not okay.

Yes, as long as you live together, the filing party will definitely bear the responsibility of the other party.

Legal analysis: 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 and terminating the housing lease contract. However, in order to effectively protect the rights and interests of the tenant, it is best to register and file, 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.

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

Article 706 Where a party fails to go through the formalities for the registration and filing of a lease contract in accordance with the provisions of laws and administrative regulations, the validity of the contract shall not be affected.

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot determine the lease term, it shall be deemed to be an indefinite lease.

Legal Analysis: Yes. The housing lease registration and filing certificate is a legal and valid certificate for the leasing behavior.

The parties to the housing lease shall submit an application for filing 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 within 30 days after the conclusion of the housing lease contract, and the competent department shall issue a certificate of registration and filing of the housing lease to the leasing party after passing the examination.

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.

Article 16 For those who meet the following requirements, the competent departments of construction (real estate) of the municipalities directly under the Central Government, cities and counties shall handle the registration and filing of housing leases within three working days, and issue a certificate of registration and filing of housing leases to the parties to the lease:

1) The application materials submitted by the applicant are complete and in accordance with the statutory form;

2) The lessor is consistent with the subject recorded in the house ownership certificate or other legal ownership certificate;

3) Houses that are not allowed to be rented out as provided for in Article 6 of these Measures.

If the application materials submitted by the applicant are incomplete or do not conform to the statutory form, the competent department of construction (real estate) of the people's government of the municipality directly under the Central Government, city or county shall inform the parties to the housing lease of the content that needs to be supplemented and corrected.

A housing lease contract refers to an agreement in which the lessor provides the house to the tenant for use, and the tenant pays the agreed rent on a regular basis, and returns the house to the lessor in good condition when the contract is terminated. The housing lease contract is a contract of promise, double service, and payment. The housing lease contract is established when the two parties reach an agreement, and according to the law, whether the housing lease is filed or not does not affect the validity of the housing lease agreement.

After the housing lease contract is registered and recorded, it has the following effects against third parties:

During the lease period, if the lessor ** the house is located, the lessee has the right of first refusal under the same conditions;

If the lessor needs to release the house after the expiration of the lease period, the lessee has the right of first refusal under the same conditions

During the lease period, the lessor will give the house to a third party, and the third party shall continue to perform the original lease contract

During the lease period, if the lessor mortgages the rented house, and the mortgage is disposed of to a third party in accordance with the law, the third party shall continue to perform the original lease contract.

Therefore, it can be concluded that it is not necessary to file for housing rental, but it can protect the corresponding rights of the parties.

Legal basis: Article 4 of the Judicial Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over Urban Housing Lease Contracts.

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

Where the parties agree that going through the registration and filing formalities is a 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. What materials are required for the filing of housing rental?

According to the provisions of Article 15 of the Administrative Measures for the Leasing of Commercial Housing, the parties to the housing lease shall submit the following materials for the registration and filing of the housing lease:

1) Housing lease contract;

2) The identity certificate of the party to the housing lease;

3) Housing ownership certificate or other legal ownership certificate;

4) Other materials stipulated by the competent departments of people's construction (real estate) of municipalities directly under the Central Government, cities and counties.

The materials submitted by the parties to the housing lease shall be true, legal and valid, and the department shall not conceal the true situation or provide false materials.

Legal analysis: does not affect the validity of the contract. Housing lease is required to sign a lease contract, and according to the provisions of the relevant laws, the lessor can also file the lease contract, the record is to protect the interests of both parties to the lease, but also conducive to the management of the leasing market, the parties do not follow the law and administrative regulations to go through the lease contract registration and filing procedures, does not affect the validity of the contract.

Legal basis: Article 14 of the "Debate on 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 for 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.

Legal analysis: 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. The content of the lease contract generally includes the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

If the parties fail to go through the registration and filing formalities of the lease contract in accordance with the provisions of laws and administrative regulations, the validity of the sail contract shall not be affected. If the lease term 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.

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

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in written form. 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.

If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

Legal analysis: whether to go through the filing procedures for renting a house is free to choose by the parties, and it is not illegal not to record the slag envy, nor does it affect the validity of the lease contract, and the lease contract that has been filed has a stronger publicity effect, which is more conducive to protecting the legitimate rights and interests of both parties.

Legal basis: Article 706 of the Civil Code of the People's Republic of China 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.

Legal analysis: whether to go through the filing procedures for renting a house is free to choose by the parties, and it is not illegal to not file and does not affect the validity of the lease contract.

Legal basis: The People's Republic of China calls for the Civil Code of Ming Fankai Article 706 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 consequences of not having a filing of a rental contract are: it cannot be used against a bona fide third party. The contract shall be formed when the parties agree on the content of the rental contract, and shall take effect when both parties sign and seal or meet the conditions agreed by the parties.

The validity of the rental contract is not premised on registration, and whether or not it is filed and registered with the housing management department does not affect the legal validity of the contract.

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 people's construction (real estate) of the municipality directly under the Central Government, city or county where the leased house is located to register and file the housing lease of Dan Lvli. The parties to the housing lease may entrust others to handle the lease registration and filing.

Civil Code of the People's Republic of China

Article 215.

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 real estate rights shall take effect at the time of the conclusion of the contract;

If the property right is not registered, the validity of the contract shall not be affected.

Civil Code of the People's Republic of China

Article 706.

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.