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The rental contract is usually in duplicate, one for each party, and there may be more if there is new demand, but the tenant has at least one copy in his hand, and even if the rental expires or the rent is not rented, he does not have to return it to the landlord.
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You don't have to pay it back to the landlord, because the landlord and tenant each have one copy, and if you don't rent the contract, it will be invalid and torn up.
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Generally, the contract for renting a house does not need to be returned to Fang Dong (landlord), and it should be that the landlord and the tenant should each keep a copy as evidence.
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The contract for repairing the house is generally in duplicate, you have one and your landlord also has one, so you can keep this contract yourself.
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The lease contract is not to be returned to the landlord.
It is in duplicate, one for the landlord and one for himself.
If you don't rent it at the expiration date, you need this contract.
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Hello, the rental contract is in duplicate, you keep one for yourself and the other party for the landlord.
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The contract is at least in duplicate, one for the landlord and one for the tenant, and if there is an agent, the agency may have to keep one copy.
Even if you quit the lease, you don't have to pay him back the contract, because it is a proof that you have executed the previous contract.
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The rental contract is in duplicate and does not have to be returned to the landlord.
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The contract is in duplicate, one for the landlord, one for yourself, and three for the broker! Why pay it back to the landlord.
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The formal rental contract is generally in triplicate, one is held by the renter, one is held by the lessor, and one is kept by the community neighborhood committee for the record.
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The rental contract is in duplicate, one for the landlord and one for the tenant, which is kept separately and used when moving out and when returning the deposit.
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You don't have to pay it back to the landlord if you quit the rent.
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One for one person, without a contract, how can you prove the existence of a lease relationship.
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Legal analysis: If the rental contract is a standard clause provided by the party providing the housing (that is, to rent the house, he provides an agreement for signing), generally speaking, Party A is the owner of the property, and Party B is the person who rents the house. However, Party A and Party B are just a **, and it is just a habit for us to use it like this.
It depends on the content of the contract, which party has what rights and obligations. It is not impossible to exchange both parties A and B, as long as the content of the contract is in harmony with it.
Legal basis: Article 707 of the Civil Code of the People's Republic of China If 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.
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A rental contract with the landlord is valid if the following conditions are met:
1.At the time of entering into a contract, both parties have the corresponding capacity for civil conduct;
2.The parties expressed their true intentions when entering into the contract, and there was no fraud, coercion, etc.;
3.The content of the 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 lease shall not exceed twenty years, and the excess part shall be invalid.
Legal basis] Article 143 of the Civil Code, civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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The rental contract signed with the landlord is legally valid if it is established in accordance with the law. A rental contract is a contract in which the lessor delivers the house to the tenant for use, and the tenant pays the rent. The content of the contract shall be specific and complete and comply with the provisions of law.
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. Article 704 The contents of a lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, and maintenance of the leased property. Article 709 The lessee shall use the leased property in accordance with the agreed method.
Where there is no agreement on the method of use of the leased item or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be used in accordance with the nature of the leased item.
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There are four conditions that need to be met to sign a rental contract with the landlord. The four conditions that need to be met for the housing sublease contract to be effective are valid and not terminated, with the consent of the lessor, the sub-tenant should meet the statutory conditions, the content of the housing sublease contract, and the content of the housing lease contract is compatible. A sublease contract can only be legally effective if it meets both the general conditions for the validity of the housing lease contract and the above special conditions.
1. How to operate the sublease of the house.
In order for a subleased house to be effective, the following elements should be met: (1) it should be agreed by the lessor; (2) There is a legal and valid housing lease contract between the lessee and the lessor; (3) The lease term of the sublease contract shall not exceed the valid lease term of the original housing lease contract; (4) Agree on the liability for breach of contract and the resolution of disputes over the distribution hall.
2. What is a legal sublease?
1) From the premise of sublease, the written consent of the lessor must be obtained for sublease.
2) In terms of the object of sublease, the subleased house is the rented house, which can be the whole of the leased house or part of the leased house.
3) In terms of the income from the sublease, there is no doubt that the sublessee will receive income from the sublease. However, whether the original lessor must also receive income from the sublease will depend on the specific circumstances, and the original lessor may receive the income from it, but not necessarily from it.
4) After the establishment of the sublease, the sublessee enjoys and undertakes the rights and obligations of the lessor under the sublease contract, and shall perform the obligations of the lessee under the original lease contract. However, unless otherwise agreed between the lessor and the subleaser.
5) From the perspective of the sublease contract, the sublease contract is a housing lease contract signed between the original lessee and the current sublessee and the lessee. Although the lease contract is only an expression of intent between the parties, the sublease contract must be agreed to in writing by the original lessor. The termination date of the sublease contract shall not exceed the termination date stipulated in the original lease contract, unless the lessor and the sublease parties have negotiated and agreed.
6) During the sublease period, if the original lease contract is changed, rescinded or terminated, the sublease contract will be affected accordingly, and the rights and obligations of both parties to the sublease contract will also change accordingly. The specific disposal depends on the specific provisions of the contract and the specific circumstances of the performance of the contract.
Article 27 of the Measures for the Administration of Urban Housing Leasing stipulates that "the lessee may, within the lease term, with the consent of the lessor, sublease part or all of the leased premises to others." Article 28 of the Measures provides:
In the case of sublease of housing, a sublease contract shall be concluded. The sublease contract must be agreed in writing by the original lessor, and the registration and filing procedures shall be carried out in accordance with the provisions of these measures. Article 29 of the Measures for the Administration of Urban Housing Leasing stipulates:
The termination date of the sublease contract shall not exceed the termination date stipulated in the original lease contract, unless the lessor and the sublease parties have negotiated and agreed. ”
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If the tenant subleases the house to the subtenant, the written or oral consent of the lessor shall be obtained, and the consent of the lessor is not obtained, but the lessor knows or should know that the tenant of the house subleases the house to the subtenant without objecting (implicitly), it shall be deemed that the consent of the lessor has been obtained, and the sublease contract shall be valid.
Conditions for renting someone else's subleased house.
1. During the lease term, the lessee must obtain the consent of the lessor, and the lessor may obtain income from the sublease, and the lease contract between the lessee and the lessor shall continue to be valid, and the lessee shall compensate for the losses caused by the third party to the leased premises.
2. A sublease contract shall be concluded, which may be signed jointly by the three parties or signed by both the lessee and the sublessee with the consent of the lessor.
3. The termination date of the sublease contract shall not exceed the termination date specified in the original lease contract, unless there is an agreement between the lessor and the sublessee.
4. After the sublease contract takes effect, the sublessee shall enjoy and assume the rights and obligations of the lessor stipulated in the original lease contract, and shall perform the obligations of the lessee stipulated in the original lease contract.
Precautions for subletting.
1. The written consent of the lessor is required. The lessor's act of subleasing the leased house must first obtain the written consent of the lessor, otherwise it constitutes an act of disposition without authority, and the validity or invalidity of the sublease act is in a state to be determined, and the sublease can only be recognized as valid if the lessor's subsequent consent or ownership of the leased house is obtained. The tenant checks the original property rights of the landlord, the original rental license of the house, and the original ID card of the landlord.
and the owner of the title certificate is the same as the identity card. Ask for a copy as an attachment to the rental contract.
2. If the lessor leases the house, it shall notify the lessee within a reasonable period of time before the sale, and the lessee has the right of first refusal to purchase under the same conditions. For housing lease, the lessor and the lessee must go through the lease registration and filing procedures, and the materials to be submitted for the record: real estate right certificate or other legal ownership certificate; The personal identity certificate of the lessor or lessee or the registration certificate of the legal person or other organization; Housing lease contract.
3. The lessee does not withdraw from the lease relationship, and has the rights and obligations of the lessee in the original lease contract and the rights and obligations of the lessor in the new sublease contract. Of course, this notice can also be changed after negotiation between the lessor, the lessee and the sub-lessee. When a tenant comes to rent, the female landlord must be accompanied by a male family member and have a certain degree of protection for her own safety, which should be very careful when renting.
When signing a rental contract, you must not be careless and do not rush to sign it.
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Legal analysis: the tenant does not need to sign a contract with the landlord to sublease the house, and the tenant of the house subleases the house to the subtenant, and the written or oral consent of the lessor shall be obtained, and the tenant of the house does not obtain the consent of the tenant of the house, but the lessor knows or should know that the tenant of the house subleases the house to the subtenant without objecting (implicitly), it shall be deemed that the consent of the lessor has been obtained, and the sublease contract of the house is valid.
Legal basis: Article 716 of the Civil Code of the People's Republic of China The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes losses to the sale of the leased property, the lessee shall compensate for the loss.
If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.
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You don't need to sign a contract with the big landlord to rent a subleased house, you need to sign a contract with the second landlord. If it has been agreed in the original lease contract that it can be subleased, or if there is no agreement but the big landlord expressly agrees to sublease, the second landlord can rent it to a third party. The newly signed lease contract shall be in accordance with the wishes of both parties, and the second landlord and tenant shall not build in the premises without authorization, shall not default on rent, and shall not exceed the remaining lease term when subletting.
[Legal basis].Article 716 of the Civil Code.
The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.
Article 717.
If the lessee subleases the leased property to a third party with the consent of the lessor, and the sublease term exceeds the remaining lease term of the lessee, the agreement on the excess part shall not be legally binding on the lessor, unless otherwise agreed between the lessor and the lessee.
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