Disputes over indefinite contracts for individual rentals 100

Although your contract stipulates that the contract can be terminated, it does not exclude other circumstances that can be terminated, as long as there is no clear agreement on the lease term in the contract, the provisions of the Contract Law on the termination of the contract can be applied. And this does not say who is good or who is not good, when the rent is **, you can also terminate the contract.

Article 232 of the Contract Law Where the parties have not agreed on the term of the lease or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, it shall be deemed as an indefinite lease. The parties may terminate the contract at any time, provided that the lessor shall notify the lessee of the termination of the contract within a reasonable period of time.

According to the relevant laws, the term of the lease shall not exceed 20 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.

In addition, if the lease term is more than six months, it shall be in writing. If the parties do not adopt the written form, it shall be regarded as an indefinite lease.

The relevant laws and regulations are the Contract Law of the People's Republic of China

Article 214: The term of the lease shall not exceed 20 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.

Article 215: Where the lease term is more than six months, it shall be in writing. If the parties do not adopt the written form, it shall be regarded as an indefinite lease.

Legal analysis: no validity, the maximum term of the lease contract shall not exceed 20 years.

Legal basis: Article 705 of the Civil Code of the People's Republic of China The term of the lease shall not exceed 20 years. More than 20 years old, more than part of the invalid.

Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

1. What is an indefinite housing lease contract?

If the tenant does not renew the lease after the lease expires, the landlord may request the tenant to vacate immediately. After the lease expired, the parties did not renew the contract, but the tenant continued to pay the rent and the occupant owner did not object. At this time, the rental contract becomes a non-fixed contract, and both parties have a tacit attitude towards it, which means that either party can terminate the rental contract at any time.

So what is an indefinite rental contract, an indefinite term contract refers to a house rental contract with an indefinite termination time agreed in the contract. An indefinite termination time is one in which the rental contract does not have a clear termination time.

2. Whether the lease contract can be compulsorily performed.

According to the provisions of the relevant laws of our country, whether the housing lease contract is applicable to compulsory performance can only be determined by analyzing the content of the contract and relevant laws. Article 580 of the Civil Code [Liability for Actual Performance of Non-Monetary Debts and Liability for Breach of Contract] If one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances: (1) it is legally or factually impossible to perform; (2) The subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; (3) The creditor fails to request performance within a reasonable period of time.

Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract. Legal basis: Article 580 of the Civil Code.

3. Should the lessee compensate for the damage caused to the leased propertyIf the lessee repairs it in time and does not affect the lessor's normal leasing of the leased property, the lessor does not have the problem of rent loss. However, if the lessee still refuses to repair the leased property after the expiration of the lease, which affects the lessor's normal leasing of the leased property, the lessee shall compensate the lessor for the loss of the rental reserve during the maintenance of the leased property. In addition, the lessor shall repair the leased property in a timely manner within a reasonable period after the lessee refuses to repair the leased property.

Article 711 of the Civil Code stipulates that if the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.

The lessor has no objection when the rent is due, and the contract continues to be valid. According to the provisions of the Civil Code of the People's Republic of China, if the lessee continues to use the leased property upon the expiration of the lease term, and the lessor does not raise an objection, the original lease contract shall continue to be valid, but the lease term shall be indefinite. At the expiration of the lease term, the tenant of the house has the right of priority to lease under the same conditions.

If the parties have not agreed on the term of the lease or the agreement is not clear and cannot be determined in accordance with the provisions, it shall be regarded as an indefinite lease; The parties may terminate the contract at any time, provided that they notify the other party within a reasonable period of time.

1. The parties may terminate the contract at any time if they have a temporary lease contract with a virtual friend.

China's Civil Code stipulates that if the lessee continues to use the leased property upon the expiration of the lease period, and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease term shall be deemed to be indefinite. For an indefinite lease, the parties may terminate the contract at any time, but the lessor shall notify the lessee within a reasonable period of time to terminate the contract.

2. How to agree on the automatic extension of the rental contract.

1.The lease contract cannot be automatically extended, and the parties may renew the lease contract before the expiration of the lease contract, so as to achieve an extension.

2.If the contract is not renewed, but the lessee continues to lease the house, and the lessor has no objection, the original lease contract becomes an indefinite lease.

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

Article 703: [Definition of Lease Contract] 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 [Main Content of Lease Contract] 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, and other clauses.

Article 734 [Expiration of the lease term: The lessee continues to use the leased property and the tenant's right of first refusal] If the lease term expires and the lessee continues to use the leased property, and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease term shall be indefinite.

At the expiration of the lease term, the tenant of the house has the right of priority to lease on the same terms.

Legal analysis: If the rental contract does not expire, you can pretend to negotiate with the lessor first, and you can deal with it according to the agreement in the housing lease contract. The lessee has violated the contract and caused certain damage to the rights and interests of the lessor, and needs to be liable for compensation.

The lessee and the lessor have a clear agreement on the matters to be leased when signing the lease agreement, and both parties have a trust interest in its contents, and one party shall be liable for breach of contract and infringement of the rights and interests of the other party.

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

Article 186:Where the other party's rights and interests in the suspect or property rights and interests are harmed due to a party's breach of contract, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Legal analysis: 1. In order to avoid unsafe incidents, when the tenant takes a bath, washes his hair or cooks, he should open the window for ventilation, and if the tenant does not listen, all accidents will be borne by the tenant. Rationale:

If the landlord requires the tenant to open the windows and other ventilation due to the poor ventilation of the house itself, it is an increase in the tenant's obligations and excludes the main responsibility of the landlord. 2. If the tenant delays the payment of water and electricity charges, property management fees, late fees, etc., the economic losses caused by the tenant shall be borne by the tenant, and the landlord has the right to dissolve or terminate the housing lease contract. Rationale:

The landlord is obliged to pay the utility bills, property management fees, etc., which increases the tenant's obligations and excludes the landlord's own liability. 3. The tenant has the obligation to repair the house, and the tenant shall bear the corresponding responsibility if the loss is caused by the quality of the house. Rationale:

After the agreement, the tenant can bear the responsibility for the maintenance of the property, but the landlord must be liable for the personal injury caused by it. 4. During the rental period, all the equipment and facilities of the house shall be used and managed by the tenant, and the responsibility for safety accidents caused by this shall be the responsibility of the tenant himself. Rationale:

By agreement, the tenant can be responsible for the maintenance of the facility, but if there is a safety incident and the landlord is at fault, such as failing to conduct regular inspections and failing to detect dangerous situations in time, the landlord needs to bear certain responsibilities. 5. After the old tenant's lease expires, the new tenant will take over the house and move in. If the old tenant delays delivery, the new tenant will be held responsible, and the landlord will only assist and will not be liable for breach of contract.

Reason: It is the responsibility of the landlord to collect rent, and it is the right of the new tenant to move in on time, and this standard clause excludes the landlord's own responsibilities and the main rights of the tenant, and increases the tenant's obligations. 6. During the lease period, all the consequences of losses caused by the fire in the house shall be borne by the tenant and have nothing to do with the landlord.

Reason: If the landlord is at fault for the damage to the tenant's property caused by the landlord's intentional or gross negligence, or for the damage to the tenant's reputation after the fire, the landlord shall be liable for compensation.

Legal basis: Article 144 of the Civil Code of the People's Republic of China: Civil juristic acts carried out by persons without capacity for civil conduct are invalid.