How to make a self drafted rental contract legally valid

Housing lease, the lessor 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, whether the contract has legal effect after the establishment of the contract is mainly from the following aspects: the subject of the contract must comply with the provisions. For example, both parties should have the corresponding capacity for civil rights and civil conduct, and the lessor should be the owner of the house or the person with the legal right to use the house. A contract is entered into on equal and voluntary terms by both parties.

A contract concluded by one party by means of fraud or coercion is null and void. The house is not prohibited by laws and regulations from renting. For example, houses that are illegal buildings, do not meet safety standards, and change the nature of housing use in violation of regulations cannot be rented.

The content of the contract should be legal. When concluding and performing a contract, the parties shall abide by laws and administrative regulations, respect social morality, and must not disrupt the social and economic order, harm the public interest, and must not cover up illegal purposes in a lawful form. The contract shall be registered with the real estate management department.

If it is not registered, the contract will be null and void or cannot be used against third parties. Legal basis: Article 54 of the Urban Real Estate Management Law of the People's Republic of China provides that 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.

Article 52 of the Contract Law of the People's Republic of China shall invalidate the contract under any of the following circumstances: (1) one party concludes the contract by means of fraud or coercion, harming the interests of the state; (2) Malicious collusion, harming the interests of the state, the collective, or a third party; (3) Concealing illegal purposes in a lawful form; (4) harming the public interest; (5) Violating mandatory provisions of laws and administrative regulations.

It is enough to meet the basic conditions of the contract, and there are clear parties, subject matter, delivery method, price, dispute resolution method, and liability for breach of contract、、、 which is considered a relatively complete contract.

10.How to write a rental contract?

Effective. The handwritten lease agreement is valid if it does not violate the prohibitions of the relevant laws. In the lease agreement, the specific lease details, the obligations and responsibilities of the lessee and the tenant are stated, and both parties confirm and sign, the agreement is valid.

A housing lease contract is 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. If both parties sign and confirm, there are elements such as the lease term and rent of the rental contractLaws and RegulationsIf there is no conflict, the contract is valid. A handwritten lease agreement is valid.

The lease agreement states the specific lease details, the obligations and responsibilities of both parties, and both parties confirm and sign, the agreement is valid.

The housing lease contract is an important form of property lease contract, which has the following characteristics compared with the general property lease contract:

1. The housing lease contract is a real estate lease contract. Based on the type of leased property, the lease contract can be divided into movable property lease contract and immovable property lease contract. The housing lease contract is a contract in which the house is the subject matter of the congratulation type, and it belongs to the lease contract of Zhichai real estate.

2. The relativity of the contract will be limited by law. The specific performance is as follows: The principle of "buying and selling without breaking the lease" restricts the transferee of the house.

In order to protect the interests of the lessee, the law establishes the principle of "sale and purchase do not break the lease". According to this principle, if there is a change in the ownership of the leased premises during the lease term, the original lease contract shall continue to be valid for the lessee and the transferee of the premises. If the ownership of the leased property changes during the lease period, the validity of the lease contract shall not be affected.

The lessee's right of first refusal. If the lessor leases the house during the housing lease period, it shall notify the lessee within a reasonable period of time before the lease, and the lessee has the right of first refusal under the same conditions.

3. The maximum period shall not exceed 20 years. "The term of the lease shall not exceed twenty years. If it is more than 20 years old, the excess part is invalid. At the expiration of the lease term, the parties may renew the lease contract, provided that the agreed lease term shall not exceed 20 years from the date of renewal.

Legal basis

Civil Code of the People's Republic of China

Article 465:Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 469:The parties may conclude a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed. Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

The rental contract needs to meet the conditions in order to be legally valid. Civil juristic acts that meet the following conditions are valid:

1. Both parties to the rental contract have the corresponding civil capacity;

2. The conclusion of the rental contract expresses the true intention of both parties;

3. The rental contract does not violate the mandatory provisions of laws and administrative regulations, nor does it violate public order and good customs;

4. The rental contract deals with the landlord's legal property.

Civil Code of the People's Republic of China

Article 143.

Conditions for the validity of civil juristic acts] 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.

Criminal Procedure Law of the People's Republic of China

Article 79.

The use of coercive measures for arrest is clearly regulated, and the following conditions must be met for arrest:

1. There is evidence to prove the existence of criminal facts;

2. May be sentenced to fixed-term imprisonment or more;

3. The adoption of release on bail pending further investigation is not sufficient to prevent harm to society.

When signing a rental contract, we should first pay attention to whether the subject of the contract complies with the provisions of the law, and then whether the house is prohibited by laws and regulations from going out of high rent, whether the content of the housing lease contract is legal, and whether the contract has been registered and recorded.

1. Whether the same subject complies with the regulations

Whether the subject of the contract complies with the provisions, that is, whether the lessor and the lessee have the constitutive elements of a valid civil act. For example, whether it is a person with no or limited capacity for civil conduct, or whether the lessor is the owner of the house or the person with the right to use the law.

2. Whether the house is prohibited by laws and regulations from renting:

As long as the house is not prohibited by laws and regulations, it can be rented out in accordance with the law.

3. Whether the content of the housing lease contract is legal

In practice, some housing lease contracts stipulate that the tenant will be charged a late fee of 2% per day for late payment of rent, utility bills, etc. From a legal point of view, this kind of agreement is unfair and voidable because the late payment fee is too high. There is also a common situation where someone uses the rented house to carry out illegal and criminal activities, if it is true, then under the circumstances that the lessor knows or should know, such a lease contract is invalid and is not protected by national law, and the rent is confiscated according to law.

Precautions for signing a rental contract.

1. The landlord is required to issue the original real estate certificate and the landlord's own ID card, and make a copy of each one, and the contract can only be signed after verification. When signing the "lease contract", the rental period and the specific address of the rental should be indicated, and the specific address filled in should be consistent with the real estate certificate.

2. Write clearly in the contract that the indoor facilities are included, including furniture and household appliances in the room, and if you need to decorate, you should also indicate it in the contract to avoid unnecessary disputes when you quit the lease in the future. Clearly state who will pay for utilities, broadband internet fees, property fees, cable closure fees, etc.

3. After the house rent clause is written, note that "Party B shall not charge any additional fees in any name during the rental period". It should also be noted that if the landlord entrusts his relatives or friends to help with ** rental matters, if possible, the landlord needs to sign the contract in person, otherwise, his relatives or friends should issue a "power of attorney", which specifically states the name of the principal and the ** person, ID number, work unit, etc., and also writes "I hereby entrust the ** person listed above to handle the relevant rental matters and sign the relevant documents for me".