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Precautions for signing a housing lease contract.
1. The situation of both parties.
In the contract, the personal circumstances of the lessor and the lessee and their addresses should be clearly stated.
2. Determine that the lessor has the right to dispose of the house, that is, the lessor has the right to own or dispose of the house.
In practice, some lessors do not have the right to own or dispose of the house, resulting in the tenant being "evicted" by the real landlord after moving in, and the so-called lessor is often nowhere to be found, so it is important to pay attention to this problem.
3. Clarify the use of the house.
If the tenant changes the use of the premises without authorization, such as changing the residential property to commercial use, resulting in the loss of the lessor's property interests, and there is no agreement in the contract, it is often difficult for the lessor to recover the loss.
4. How to bear the costs of water, electricity, property, heating and other expenses during the lease period.
The cost of water, electricity, property, heating and other expenses is often a large amount, and if the two parties do not have a clear agreement on this, it is easy to cause disputes.
5. Explanation of the existing condition of the leased house.
For example, the main structure of the house and the condition and value of the existing furniture in the house, etc., it is best to make a clear agreement on the relevant equipment in the house, so as not to determine the amount of compensation when damage occurs in the future.
6. Who should bear the quality problems that occur under the normal use of the rental house?
Under normal circumstances, the house will not have major problems under normal use, but if quality problems occur, they are relatively big problems, therefore, in order to avoid accidents, both parties should also make a clear agreement on this.
7. Payment method and term of rent.
This is also an issue that both parties should focus on, whether it is paid once every three months or even once every six months or even once a year, etc., the two sides should clearly agree, otherwise, it is very easy to have contradictions.
8. Whether the tenant is allowed to make additions and changes to the house.
9. Whether the lessee is allowed to sublease.
According to the law, the consent of the lessor is required for sublease, otherwise, the lessor can terminate the contract.
10. Who should bear the obligation and cost of repairing the house during the lease period.
If there is a problem or failure in the house and its ancillary equipment during use, who should repair it and who should bear the cost, this is what both parties need to make clear in advance, otherwise, once there is a problem, it is very easy to have disputes.
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1. Confirm the certificate: When renting a house, there are many ** introduced by intermediaries, so when you decide to rent a house, you must confirm whether the house has a real estate certificate, and some houses have the problem of unclear property rights. 2. Check the items and quantities in the room
When renting a house, you must pay attention to check the facilities in the house, and you can't sign the contract blindly. Especially for the more expensive items in the house, check it clearly in advance, in addition to checking whether some essential items can be used normally, if not, communicate with the landlord in time. 3. Pay attention to the terms of the contract
If there is no clause in the contract clause, the landlord has the right to repossess the house once the agent subleases the premium, in which case the contract signed between the tenant and the agent will lose its legal effect. 4. Negotiate Weiling and repair fees: In the process of renting a house, it is inevitable that some items will be damaged, such as faucets, light bulbs, etc.
Tenants should remember to negotiate this with their agent or landlord. Otherwise, if there is a breakage, the tenant may be left to pay for it himself. 5. See the incidental costs:
When renting a house, the tenant must ask clearly who is responsible for some additional costs, such as utility bills, and also ask the landlord to provide documents to prove the house, and there are currently no bills unsettled. If the rent of the house is already high, it is unreasonable to make the tenant bear the additional costs.
Transportation: Easy to get to work. First of all, it is necessary to dispel the myth that "the closer the house is to the place of work, the more convenient it is to get around".
In fact, for renters, the convenience of transportation is generally measured by the time of work and the transportation expenses incurred. Because the city's transportation network is constantly developing and improving, the longer the distance is not necessarily more time-consuming, and the less the transportation cost, the better it is for renters. Living Environment:
For everyday needs. The living environment includes the peripheral environment and the living room. When it comes to the peripheral environment of living, many people will think that a large community, reasonable planning, convenient shopping, large green surface, clean and hygienic roads, special activity venues, etc., but the rent of such a community is quite high, for us renters, there is no need to spend more money to rent the ideal environment, we only need to meet our personal daily needs, such as a supermarket nearby, shopping is more convenient, and the surrounding crowd is not too messy.
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It's best to find someone to rent a house**Although many procedures are simplified through an intermediary, your costs may only be much higher; Don't forget to go to the rental house and take a trip yourselfto see if there are any hard injuries or faults on the hardware of the house; Be sure to keep all the rental contract payment slipsand other various documents, in case of disputes that are difficult to resolve later. Renting a house is troublesome for the first time, and it will naturally be much easier with more experience in the future, so the first time is that there are many places that we must pay more attention to.
1. It is only troublesome to find a house by yourself once or twice, and entrusting an intermediary will not only be troublesome all the timeand will cost a lot more unnecessarily。The first time I rented a house, I suffered the loss of the intermediary, and I went back and forth to see the house, and when I signed the contract, I waited for two hours to come, and finally charged me 200 yuan for the introduction. I'm wronged!
The money is too worthless, I call ** to contact the landlord myself, how can I use him to insert this kick in it, a kick of 200 flesh hurts.
2. If you can contact an individual**, it is best to ask a friend or roommate to help you check the checkSee if the house is flawedI say it in advance and be there by all meansIt is clearly marked in the lease contract. Also remember to check out this houseHouse title deedsto determine whether the home is sublet or rented by the homeowner. Even if second-hand landlords rent houses are particularly common in China's rental market, it is still necessary to have more eyes.
Generally, if you don't say that you are a second landlord or claim to be a homeowner, it is best not to test the waters.
Contracts, receipts, and transfer details must be collected and copies must be kept。At this time, the most important evidence for you to rent a house is also the most favorable evidence for you to defend your rights. We say that if you meet a good landlord when renting a house, then everything is easy to say, if you meet those villains who want to cheat you all the time, the contract is very important, calculate the accounts yourself, don't be confused, so that you will not be bullied.
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Renting a house or through an intermediary, the intermediary has more ** information, but there will be some intermediary fees, generally half a month's rent.
Looking for someone to rent, you will often encounter subleases from the second landlord, and there are fewer such situations provided by intermediary companies.
When renting a house, you should have a basic understanding of the community environment, surrounding living facilities, and road traffic. The rental contract must be signed with the landlord himself, and the real estate certificate and ID card must be checked at the same time. If you lack some necessary facilities, such as air conditioning and water heaters, etc., and you are troublesome and do not want to look for ** again, you can discuss with the landlord, and would rather pay a little more rent, but also let the landlord add these facilities.
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1. Pay attention to the identity of the homeowner. Renters should first ask the landlord to show their ID documents and original household registration books, because many ** people now use fake ID cards to deceive; Secondly, ask the landlord to show the original certificate of ownership of the house, plus the property right certificate or the right to use the certificate.
2. Pay attention to the choice of the surrounding environment of the house. When choosing a room, you should stay away from noisy places as much as possible so as not to affect your rest. If it is a high-rise tower, try to choose low rather than high, in case you can't use the elevator when you return from overtime.
It also depends on whether the service facilities around the house are complete, including whether the nearby transportation is convenient, whether there are supermarkets, banks, hospitals and other places.
3. The tenant should negotiate with the landlord on the issue of the housing deposit. Because when the tenant wants to quit the lease at the end of the contract, the landlord may deduct the renter's deposit on the condition that the housing facilities are damaged or other excuses, causing unnecessary losses to the tenant. Therefore, when signing the lease contract, both parties should indicate the number of working days after the expiration of the lease agreement, and the landlord should return the deposit if the house and its facilities are not damaged.
4. Review whether the lessor and the lessee have the corresponding conditions. Examine whether the object of the lease is qualified, that is, whether the lessor's house is a house allowed to be rented by laws and regulations. Check whether the rental procedures are complete.
The house ownership certificate is not a sufficient condition for legal rental, and the housing lease license should also be handled in accordance with the relevant regulations, and the lease contract must also be registered before it can take effect.
1. Find the right intermediary. If in the process of housing leasing, you want to go through an intermediary, then it is best to determine the intermediary first, and you need to be cautious in choosing an intermediary, which can be referred to from the scale of the intermediary, whether the intermediary's fee standard is clear and the intermediary's reputation.
2. Determine the legal identity of the lessor. Review the lessor's valid legal ID card, house ownership certificate and other documents to ensure that it is not an illegal rental to avoid being deceived. If another person is entrusted to rent out the house, the owner of the house shall issue a power of attorney and sign a house rental entrustment contract with the trustee.
**person** lease, shall issue to the lessee the owner of the house to entrust the lease of the authorization certificate, rent collection, shall be by the relevant entrustment documents.
3. Before signing the contract, the furniture in the house should be counted in the presence of the lessor. In order to cause unnecessary disputes in the future, the tenant should make an inventory of the furniture in the house in advance, including the number of furniture and check the quality of the furniture.
4. Check whether the content of the housing lease contract is complete, whether there are special matters that need to be agreed and whether the agreement is clear.
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1. Pay attention to choosing a reasonable house type, and pay attention to whether the lighting is very good and whether the transportation is convenient. Housing prices in urban areas are often very high and difficult for the average person to afford, while houses in the suburbs are too far away and waste a lot of time on the way to and from them.
Look for a house that is convenient for transportation and not too far from your workplace. It is important to pay attention to your actual needs, of course, you want to be as close to your workplace as possible, so that you will not spend too much time on the road every day, and you can also have more time to recharge your batteries, but you should also consider the economic foundation.
2. Pay attention to check the landlord's real estate certificate ID card, etc., in case criminals defraud money, rent a house should pay attention to prevent being deceived by the second-hand landlord, it is best not to rent the second-hand landlord's house.
If it is an intermediary, you want to check the business license of the intermediary, and find a reliable intermediary to introduce. Don't be deceived, read more knowledge in this area, you should pay attention to see the landlord's ID card, real estate certificate, rent should pay attention to see if the owner is renting to the house.
3. You should pay attention to choosing a good house, and check whether the room facilities are in good condition before moving in. Pay attention to whether there is any damage to furniture and electrical appliances, etc., and record this information in detail, and communicate with the landlord to avoid disputes afterwards.
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1. How to write a rental contract? What should be written in the contract? What about the right to use the leased property?
For the rented premises, the lessor is obliged to deliver it to the lessee in accordance with the contract. If the lessee uses the leased property normally and causes its loss, the lessee shall not be liable for damages. Only if the lessee uses the leased property in breach of contract or does not use it in accordance with the normal purpose, the lessee shall bear the corresponding liability.
Article 216 The lessor shall deliver the leased property to the lessee in accordance with the agreement, and keep the leased property in accordance with the agreed purpose during the lease period.
Article 218 Where the lessee uses the leased property in accordance with the agreed method or the nature of the leased item, resulting in the loss of the leased item, it shall not be liable for damages.
Article 219 If the lessee fails to use the leased property in accordance with the agreed method or 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.
2. Who is responsible for repairing the damage of the leased property during the lease period? Who bears the costs?
In these cases, the tenant can terminate the contract at any time
The tenant may terminate the contract if the property is damaged beyond the tenant's fault, or if the property threatens the safety and health of the tenant.
Article 231 If the leased property is partially or wholly damaged or lost due to reasons not attributable to the lessee, the lessee may request a reduction in rent or not pay the rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the leased property, the lessee may terminate the contract.
Article 233 If the leased property endangers the safety or health of the lessee, the lessee may terminate the contract at any time, even if the lessee knows that the quality of the leased property is not up to standard at the time of entering into the contract.
In addition, in these cases, the lessee may terminate the contract.
Article 8 of the Interpretation: Where the leased house cannot be used due to any of the following circumstances, and the tenant requests to terminate the contract, the people's court shall support it:
1) The leased house is sealed by a judicial or administrative organ in accordance with law;
2) The ownership of the leased housing is disputed;
3) The leased house violates the mandatory provisions of laws and administrative regulations on the conditions for the use of the house.
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