What are the main manifestations of housing lease disputes?

1.Lease and deposit disputes.

The leasing activities of private housing are often investment activities, which are greatly affected by the cyclical nature of the rental market. Due to the competition between the supply side of the rental market, which leads to changes in rent and other lease conditions, once the lessee finds a cheap rent or other housing with more lenient lease terms, it breaks the contract and terminates the contract without waiting for the end of the lease term agreed in the original lease contract: in turn, the lessor also breaks the contract and terminates the contract due to changes in the market, which leads to disputes.

At the same time, due to the dispute over the lease period or the original contract did not stipulate the lease period, it will lead to disputes and disputes over the deposit.

2.Disputes over water, electricity and coal costs for housing.

The causes of such disputes are similar to those of the previous category. That is, because the lease contract is introduced and concluded by the real estate agency, but the real estate agency does not participate in the management and supervision as the lease manager, some lessees often take advantage of the lessor's absence on the spot, often terminate the contract suddenly without prior notice, and default on water, electricity, gas and other related fees, and walk away. This results in losses for the lessor, which in turn leads to disputes.

3.Disputes over the use and compensation of housing equipment.

In the housing lease, both parties to the lease have clear claims for the decoration, equipment and compensation of the house. If the lessee requires that the decoration and equipment are better, and the lessor will also clearly require the user to pay attention to the protection of the decoration and equipment, but the use result fails to achieve the result agreed by both parties in advance, which may cause disputes. Or the user believes that the decoration and equipment of the house do not meet the level promised by the lessor, or the owner believes that the user has damaged the decoration and equipment, etc., which will cause disputes.

Eye. 4.Lease filing disputes.

For housing lease contracts, some cities require filing procedures with the local real estate management department, while some cities do not have such requirements. The tenant and the tenant may disagree on the filing requirements and a dispute may arise.

If more details could be given, more detailed information could be made.

1. The lessor is not the owner of the house and disappears after receiving the money.

In order to avoid this situation, it is necessary to verify whether the lessor is qualified to rent the house, and require the lessor to present true and valid documents and keep them in triplicate when signing the lease contract.

2. The lessor arbitrarily withdraws the deposit.

This can be avoided by emphasizing the rent, duration and payment method in the lease contract. The lease contract indicates the rent, indicating the specific date of the lease term and in what form of payment, which is generally divided into monthly, quarterly and annual payments. It should also indicate whether the housing deposit is paid, and the specific amount should be clearly stated.

3. Disputes arise due to housing facilities.

The way to avoid this is to indicate in the contract that the supporting facilities of the house, including the appliances retained in the house, should be listed one by one. How and when the costs incurred by the supporting facilities are paid should be reflected in the contract.

Legal analysis: the lessee does not perform the contract and is in arrears of rent for a long time. Disputes arising from unauthorized changes to the use of the house without the approval of the relevant departments.

Lease disputes arise due to the failure to sign a written contract, or the contract is not standardized, the main content is incomplete, and the rights and obligations of both parties are not clear. In order to evade management and evade taxes and fees, the rental of houses in disguised form is a lease entanglement. Lease disputes arise when tenants in arrears of rent in the professional market join forces to refuse to pay rent.

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

Article 703 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and profit, and the lessee pays the rent.

Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

Article 705: The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid. Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of lease shall not exceed 20 years from the date of renewal.

Article 706 Where a party fails to go through the formalities for the registration and filing of a lease contract in accordance with the provisions of laws and administrative regulations, the validity of the contract shall not be affected.

Article 709: The lessee shall use the leased property in accordance with the agreed method. Where there is no agreement on the method of use of the leased item or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be used in accordance with the nature of the leased item.

The main manifestations and characteristics of housing lease disputes are: the lessor fails to deliver the house and its ancillary facilities as agreed, the lessor's delivery of the leased property does not meet or fails to maintain the requirements of the contract, and the lessor infringes on the lessee's priority right; The tenant fails to pay the rent as agreed, the tenant improperly uses the rented premises, and the tenant subleases and subleases without authorization.

[Legal basis].

Article 708 of the Civil Code.

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 term.

Article 709.

The lessee shall use the leased property in accordance with the agreed method. Where there is no agreement on the method of use of the leased property or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be used according to the nature of the leased item.

Article 722.

If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.

Article 726.

If the lessor sells the leased premises, it shall notify the lessee within a reasonable period of time before the sale, and the underwriter has the right of first refusal to purchase under the same conditions; However, this does not apply to the fact that the co-owners of the house exercise the right of first refusal or the lessor sells the house to a close relative.

If the lessee fails to make a clear statement of purchase within 15 days after the lessor has fulfilled its notification obligation, it shall be deemed that the lessee has waived the right of first refusal.

1. The tenant is in arrears of rent. This type of dispute accounts for about 70% of lease disputes and is the main manifestation of housing lease disputes at present. Tenants owe rent ranging from a few thousand yuan to hundreds of thousands of yuan, and most of the enterprises and individuals who are tenants rely on rented houses for production, office and even residence.

This ensued with rent arrears and a large number of rental disputes.

2. The lease contract is incomplete. Lease disputes occur due to the lack of legal knowledge of both parties to the lease, or the fear of trouble and simplicity, and the written contract is not signed, or the contract is not standardized, and the main content is incomplete.

3. Changing the function of the house without approval. In recent years, there have been many such disputes in housing leases. For example, the original use function of the house is a factory, but it is actually changed to commercial use. After this type of housing enters the rental market, it is very prone to rental disputes.

4. Renting houses in disguise in order to evade management and evade taxes and fees. In order not to pay management fees and rental taxes, some landlords collude with tenants to rent out their houses in disguise in the name of joint ventures, contracts or even borrowing. As a result, some tenants not only did not pay the rent, but also asked the lessor to bear the corresponding business liability risk, which led to a lease dispute between the two parties.

Due to the parties' evasion of management and the law, after a dispute occurs, the contract is often invalid due to the illegality of its acts, and the effective protection of the law is not obtained.

5. Households in arrears of rent in the professional market jointly refuse to pay rent. In order to pay less or no rent, some tenants who have lost money or made less profits have contacted multiple small landlords (tenants) to refuse to pay rent under various pretexts, thereby transferring their business risks. Moreover, if the lessor's handling method is improper or the rented house has defects in property rights, quality, use, etc., it is very easy to cause all tenants in the market to refuse to pay rent or even claim for losses.

1. Countermeasures and suggestions.

1. The lessor shall sign a lease contract in accordance with the law and legally lease the house. First of all, a written lease contract should be signed in accordance with the law, and the rights and obligations of the parties to the lease should be clearly stipulated in the contract. The second is that the content of the contract cannot be illegal, such as the use function of the house is residential or factory, it cannot be changed in the contract without the approval of the relevant functional departments and rented out for commercial purposes.

Thirdly, the housing lease must have the statutory formal requirements, such as the lessor must hold the "Housing Lease License" issued by the ** functional department, and the agreement must be registered with the housing lease management department within 10 days after signing.

2. The lessee conducts the necessary review. Tenants should not be greedy for cheap and find owners of houses with unclear property rights, illegal constructions and no "Rental Permit" that are not allowed to be rented out. Before renting a house, the tenant can go to the housing rental management office to inquire whether the house he wants to rent is available, or ask the rental company to recommend the house that can be rented, so as to avoid economic losses caused by blindly renting the house.