Is it illegal to rent a partition room, is it illegal to rent a partition house

When building partitions, it is illegal to use solid bricks or do not meet fire protection standards, and it is illegal to rent out the house.

The Administrative Measures for the Leasing of Commercial Housing stipulate that if a residential house is rented, a bedroom or living room (hall) designed as a living space in accordance with the residential design specifications shall be used as a small rental unit, and it shall not be rented out after being separated and built. In accordance with the residential design specifications, it shall not be rented out for personnel to live in if it is a restaurant, kitchen, bathroom, balcony, hallway, corridor, storage room, basement, semi-basement and other non-residential space.

In addition, each city also stipulates the small area of rental housing for each person, such as Hangzhou, which stipulates that each person shall not be less than 4 square meters, that is, if the living room is less than 4 square meters, it is illegal to rent it with partitions.

Legal basis. Article 6 of the Administrative Measures for the Leasing of Commercial Housing shall not be rented out in any of the following circumstances: (1) It is an illegal construction; (2) Failure to comply with mandatory standards for safety, disaster prevention, and other engineering construction; (3) Changing the nature of the use of the house in violation of regulations; (4) Other circumstances where laws and regulations prohibit rental.

Legal analysis: 1. If the rental partition house violates Article 8 of the Administrative Measures for the Leasing of Commercial Housing, the original designed room shall be the minimum rental unit, and the per capita rental construction area shall not be lower than the minimum standard stipulated by the local people. 2. The tenant also has no right to alter the load-bearing structure of the house and dismantle and alter the indoor facilities without authorization.

Legal basis: Administrative Measures for the Leasing of Commercial Housing

Article 8 Where housing is rented, the original designed room shall be the minimum rental unit, and the per capita rental floor area shall not be lower than the minimum standard stipulated by the local people. Kitchens, toilets, balconies and basement storage rooms may not be rented out for personnel to live in.

Article 10 The tenant shall use the house reasonably in accordance with the lease purpose and use requirements agreed in the contract, and shall not alter the load-bearing structure of the house and dismantle or alter the indoor facilities without authorization, and shall not damage the legitimate rights and interests of other owners and users. If the tenant causes damage to the leased premises and facilities due to improper use or other reasons, the lessee shall be responsible for repairing or bearing the liability for compensation.

Legal Analysis: It is illegal to rent out a house after partitioning. Partition house is an act expressly prohibited by law, that is, there are three situations in which the house cannot be rented, namely, illegal construction, not meeting the mandatory standards for safety and other engineering construction, and changing the nature of the use of the house in violation of regulations, and the partition house belongs to these three situations.

Legal basis: Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be established when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

It is not legal to rent out a partition room. The law stipulates that if the lessor changes the use of the original house without authorization, there will be great potential safety hazards and disaster prevention hazards, and such partition houses must not be rented.

According to Article 6 of the Administrative Measures for the Leasing of Commercial Housing, houses under one of the following circumstances shall not be rented:

1) It is an illegal construction;

(2) Failure to comply with mandatory standards for safety, disaster prevention, and other engineering construction;

(3) Changing the nature of the use of the house in violation of regulations;

(4) Other circumstances where laws and regulations prohibit rental.

Legal basis. Article 6 of the Administrative Measures for the Leasing of Commercial Housing shall not be rented out in any of the following circumstances:

1) It is an illegal construction;

(2) Failure to comply with mandatory standards for safety, disaster prevention, and other engineering construction;

(3) Changing the nature of the use of the house in violation of regulations;

(4) Other circumstances where laws and regulations prohibit rental.

According to the provisions of the relevant laws of our country, if a residential house is rented, the lessor shall take a bedroom or living room or hall designed as a living space in accordance with the residential design specifications as a small rental unit, and shall not rent it out after partitioning and construction. Where it is designed as a dining room, kitchen, bathroom, balcony, hallway, corridor, storage room, basement, semi-basement and other non-residential space in accordance with the residential design specifications, it must not be rented out for personnel to live in.

When signing a housing lease contract, you need to pay attention to the following:

1. Find out the owner of the house and the basic condition of the house. The tenant needs to pay attention to whether the person who signed the contract with you is the owner of the house, if not, there may be a ** relationship or sublease relationship. If there is a ** relationship, the original power of attorney of the property owner to entrust the contractor is required.

If there is a sublease relationship, the original written certificate of the property owner's consent to the sublease is required, and the contract stipulates in the contract what kind of liability the sublessee shall bear if the written certificate of the property owner's consent to the sublease is untrue;

2. Write down the rent and deposit clearly. On the issue of how to pay the rent and deposit, the specific number of months to pay the rent of one installment is determined by each person's own situation, and the time and method of payment of each rent must be clearly stipulated in the contract, as well as the liability for breach of contract if the rent is not paid within the time limit;

3. Clarify the handling of liability for breach of contract. The contract shall stipulate different liabilities for breach of contract according to different circumstances of breach of contract.

Legal basis. Article 731 of the Civil Code of the People's Republic of China.

If the leased property endangers the safety or health of the lessee, the lessee may still terminate the contract at any time, even if the lessee clearly knows that the quality of the leased property is not up to standard at the time of entering into the contract.