Ask for a rental contract with a title deed to rent the house for 50

Legal analysis: The real estate certificate should be checked to ensure that the lessor has the right to rent the house and that the house is legally built, so as to avoid the invalidity of the lease contract due to ownership issues.

Legal basis: Interpretation of the High People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Urban Housing Lease Contract Dispute Cases

Article 2 The lease contract concluded between the lessor and the lessee shall be invalid for the construction of the house without obtaining the construction project planning permit or not in accordance with the provisions of the construction project planning permit. However, where a construction project planning permit is obtained before the conclusion of the first-instance court's debate or construction is approved by the competent department, the people's court shall find it valid.

Article 3 The lease contract signed between the lessor and the lessee for the temporary building that has not been approved or built in accordance with the approved content shall be invalid. However, where construction is approved by the competent departments before the conclusion of the first-instance courtroom debate, the people's court shall find it valid. If the lease period exceeds the service life of the temporary building, the excess part is invalid.

However, where the extension of the period of use is approved by the competent department before the conclusion of the debate in the court of first instance, the people's court shall determine that the lease period within the extended period of use is valid.

Whether the rental contract is valid for renting a house without a real estate certificate should be compared by type based on the reason for obtaining the real estate certificate. If the real estate certificate cannot be obtained because the construction project planning procedures have not been obtained or the construction is not in accordance with the provisions of the construction project planning permit, the contract shall be invalid if the house is rented.

1. Is the lease contract valid without a real estate certificate?

Whether the rental contract is valid for renting a house without a real estate certificate should be compared by type based on the reason for obtaining the real estate certificate. If becauseFailure to obtain planning procedures for construction worksorConstruction not in accordance with the provisions of the construction project planning permitIf the real estate certificate cannot be obtained, because this type of house violates the national laws and regulations on architecture, planning, etc., it is an illegal building, and the law does not protect it, and the lease contract is invalid if it is rented out of this type of house. However, if the planning permit for the construction project or the approval of the competent department is obtained before the conclusion of the debate in the court of first instance, the illegality of the illegal building shall be eliminated, and the validity of the lease contract originally signed with the illegal construction shall be deemed valid in the absence of other invalid circumstances.

Case:

On May 2, 2016, the plaintiff, Ms. Wang, and the defendant, Mr. Li, signed the Housing Lease Contract, which stipulated that the house was located at No. 1 Street, Fangshan District, Beijing, with an annual rent of 50,000 yuan and a lease period from March 5, 2016 to March 5, 2017. However, Ms. Wang had moved out of the house on December 13, 2016, and the plaintiff, Ms. Wang, stated that she had leased the house in question for business purposes, and that Mr. Li had concealed the fact that the house was an illegal construction when signing the contract, resulting in the interference of the urban management and could not operate normally, so she sued Mr. Li to return the remaining rent of 30,000 yuan and the deposit of 3,000 yuan. The defendant admitted that the house in question had no planning procedures and no property ownership certificate.

Analysis:

The house involved in the case did not have a construction project planning permit, which was an illegal construction, and the Housing Lease Contract signed by Ms. Wang and Mr. Li was invalid. At the time of signing the contract, Mr. Li concealed the fact that the leased property was an illegal construction, causing Ms. Wang to believe that it was a legal building and signing a lease contract with it, and Mr. Li should bear full fault liability. In view of the fact that Ms. Wang vacated the property on December 13, 2016, the occupancy fee should be calculated until the date of vacating the house, and the remaining rent and deposit should be refunded to Mr. Li.

2. Can the rent be refunded if the lease contract is invalid?

Article 58 of the Contract Law stipulates that if a contract is invalid, the property acquired as a result of the contract shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby, and if both parties are at fault, they shall each bear corresponding responsibility.

Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts stipulates that if a housing lease contract is invalid and a party requests payment of a housing occupation fee with reference to the contract standard, the people's court will generally support it.

If you rent a house without a title deed, whether the rental contract is valid or not, you also need to understand the reasons for not having a title deed.

This content is only available in Beijing.

Housing lease contract.

Lessor (Party A):

ID Number:

Lessee (Party B):

In accordance with the relevant laws and regulations of the state and the relevant provisions of the city, both parties A and B follow the principles of voluntariness, equality and good faith, and conclude this contract through consensus to abide by it.

Article 1: Party A voluntarily rents its own house to Party B for use, and the specific condition of the house is as follows:

1. The rental house is located in . Category: .

2. The construction area of the rental house is about square meters. The rental property must not be mortgaged.

3. Party A guarantees that it has truthfully stated the ownership status and decoration of the rental house. Party B fully understands the specific situation of Party A's above-mentioned rental housing and voluntarily leases the house.

Article 2: The agreement on the use, term, rent, and payment of rent of the rented house of Party B is as follows:

1. The lease term is terminated.

2. The rent of the first year of the house is RMB, capitalized; The rent for the second year ( ) is RMB yuan, capitalized; The third time is half a year ( ) The rent is yuan, capitalized.

3. Party B shall pay the next rent to Party A within 15 days before the expiration of the use period of the previous period of payment.

4. During the lease period, the water, electricity and audio-visual expenses incurred in the use of the house shall be borne and paid by Party B. Other expenses shall be borne by Party A.

Article 3: Without the written consent of Party A, Party B shall not sublease, lend or transfer the house to others without authorization.

Article 4: During the lease period, if Party A needs the house in round acres, it shall notify Party B one month in advance, and under the same conditions, Party B has the right of first refusal.

Article 5: During the lease period, if the house is requisitioned or included in the scope of demolition, Party B shall return the house unconditionally, and Party A shall refund the rent collected in advance to Party B.

Article 6: If Party B needs to continue to lease the house after the expiration of the lease period, it shall submit a request for renewal to Party A one month before the expiration of the lease period, and re-sign the lease contract with the consent of Party A.

Article 7: If the employees quarrel and roll out due to management reasons, it has nothing to do with Party A, and if the water leakage and other problems are caused by the structure of the house, Party A shall solve them.

Article 8: After the contract is signed, Party A shall complete the preliminary work such as emptying the indoor items before the date of the year, and complete the delivery of the house before the date of the year.

Article 9: If any dispute arises between Party A and Party B during the performance of the contract, it shall be settled by both parties through negotiation.

Article 10: This contract shall be made in duplicate, and both parties shall hold one copy each.

Article 11: This contract shall be effective after being signed and sealed by both parties.

Party A (Signature): Party B (Signature):