Under what circumstances the lease contract is invalid

First of all, the parties must be qualified entities. The lessor or lessee does not have the corresponding capacity for civil conduct, resulting in the contract being invalid or its validity to be determined.

Secondly, the house rented by the lessor is a house that is expressly prohibited by law, which will lead to the invalidity of the lease contract. As long as the house is not prohibited by laws and regulations, it can be rented out in accordance with the law.

According to the regulations, houses under any of the following circumstances shall not be rented: failing to obtain the house ownership certificate in accordance with the law; Judicial and administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; The co-ownership of the house has not obtained the consent of the co-owners; The ownership is disputed; It is an illegal construction; does not meet safety standards; has been mortgaged, without the consent of the mortgagee; It does not comply with the relevant provisions of the competent departments of public security, environmental protection, health, etc.; Other circumstances where rental is prohibited by relevant laws and regulations.

Finally, if the content of the lease contract is illegal, it will also lead to the partial invalidity of the illegal content. 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.

Legal basis: Article 52 of the Contract Law, if one of the following circumstances occurs, the contract shall be invalid:

1) One party concludes a 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.

1. The lease contract signed between the lessor and the lessee for the houses that have not obtained the construction project planning permit or has not been constructed in accordance with the provisions of the construction project planning permit shall be invalid. 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.

2. The lease contract concluded between the lessor and the lessee for the temporary building built without approval or in accordance with the approved content is 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.

3. If the lease term 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 find that the lease period during the extended period of use is valid.

4. Where a party requests confirmation of the invalidity of the housing lease contract on the grounds that it has not gone through the registration and filing formalities in accordance with the provisions of laws and administrative regulations, the people's court shall not support it. If the parties agree that the registration and filing formalities shall be the condition for the housing lease contract to take effect, such agreement shall prevail. However, one of the parties has already fulfilled the main obligation, unless the other party has accepted it.

The circumstances under which the lease contract is invalid include: the rental of houses without completion acceptance, the rental of houses with illegal constructions, and the rental of houses that are determined to be demolished, and the housing lease contract is invalid if the provisions of laws and regulations are violated.

The lessor does not have the physical right to rent the premises, which will result in the contract being null and void.

If the term of the lease contract violates the provisions of the law, the contract shall be null and void. The term of the lease shall not exceed twenty years. If it is more than 20 years old, the excess part is invalid.

If the subject matter of the lease is prohibited by laws and regulations, the contract is invalid.

According to Article 6 of China's "Measures for the Administration of Urban Housing Leasing", "those who fail to obtain housing ownership certificates in accordance with the law; Houses that are stupid and built illegally shall not be rented".

Article 153 of the Civil Code stipulates that civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid.

Legal analysis: Circumstances in which the lease contract is invalid: 1. The lessor or lessee does not have the corresponding civil capacity, resulting in the invalidity of the contract.

2. The house rented by the lessor is a house that is prohibited by law, which will lead to the invalidity of the lease contract. 3. The content of the housing lease contract is illegal, resulting in the invalidity of the illegal content.

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

Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in written form. If the parties do not adopt a written form and cannot determine the term of the lease, it shall be regarded as an indefinite lease.

If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 710 If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property, it shall not be liable for compensation per mu of high return.

Article 715 The lessee may, with the consent of the lessor, make improvements or add other things to the leased property. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

The lease contract is invalid in the following cases:

1) The subject of the housing lease contract is not qualified;

2) The leased house does not comply with the provisions of the law or the contract

3) The leased house is an illegal building;

4) The part of the housing lease term exceeding 20 years exceeds the Tongming judgment;

5) The lessee subleases the leased premises to a third party without the consent of the lessor.

[Legal basis].Article 6 of the Administrative Measures for the Leasing of Commercial Housing.

Houses under any of the following circumstances shall not be rented out:

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.

Article 153 of the Civil Code.

The legal act of Minhuai major event that violates the mandatory provisions of laws and administrative regulations is invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

The following cases of lease contract are invalid: 1The lessor or lessee is incapacitated for civil conduct, and the company has not been recognized by the guardian afterwards.

2.The house rented by the lessor is a house that is expressly prohibited from being rented by law. 3.

The content of the housing lease contract is illegal, and the illegal content is invalid. Article 154 of the Civil Code: Civil juristic acts in which the actor maliciously colludes with the counterparty to harm the lawful rights and interests of others are invalid.

The land lease contract shall be invalid in the following cases:

A) the subject of the land lease contract is not qualified;

2) the excess part of the land lease term exceeding 20 years;

3) One party concludes a contract by means of fraud or coercion, harming the interests of the state;

4) Maliciously colluding to harm the interests of the state, the collective, or a third party;

5) Concealing an illegal purpose in a lawful form;

6) Harming the public interest or violating the mandatory provisions of laws or administrative regulations.

[Legal basis].Article 146 of the Civil Code.

Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.

Article 153.

Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, this is the exception where the mandatory provision does not invalidate the legal act of the people's chan affairs. Civil juristic acts that are contrary to public order and good customs are invalid.

Article 154.

Civil juristic acts in which the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others, are invalid.