The question of whether the lease contract of the rental house has legal effect

1. You can look at the lease agreement signed between him and the landlord, whether it stipulates that he can sublet, whether the landlord agrees, if it is agreed that he can sublet without the consent of the landlord, your lease agreement is valid.

2. If there is no according to Article 1, you still have to find the landlord to come out and confirm, otherwise the landlord can ask you to vacate the house at any time, and then you can only ask for compensation from the person who rented to you, but it will not pay much, and you have to find another place to rent.

3. The ** you photographed can be used as evidence and has legal effect, but it can only prove that this person sublet the house to you, but without the approval of the landlord, the landlord can still ask you to vacate the house.

The Contract Law stipulates that the written consent of the lessor is required for sublease. Otherwise, it is invalid or specific to you, so the contract is subject to the validity of the pending determination. To put it bluntly, you pray for the kindness of the landlord.

Before you sign the contract, you have to look at the contract between him and the landlord, when the deadline is, and how the rights and obligations of her and the landlord are agreed. I'm not afraid that he will eat the difference, but I'm afraid that he will make his own decisions and pit you. **It can only be used to prove the dialogue between you and him and the rights and obligations you have agreed on, and does not bind third parties.

That is, it is not binding on the landlord. As for whether it has legal effect. Yes or no, it depends on what you have to prove.

Contracts whose validity is pending.

This starts with the effectiveness of the combination.

1. The main body is qualified.

2. The content is legal.

3. The meaning is true.

4. The form of behavior is legal.

I don't know the rights of the person who subleases you, and the subtenant does not tell you whether she has the right to **, because you know that she is subletting, and the law is likely to determine that you know that the other party has no ** right, so,"Sublessees"does not constitute an appearance**;

The combination you signed is in a state of pending validity due to the lack of the landlord's (right holder's) expression, and the "subleaser" you are talking about is the person without the right to **, and the lease agreement you signed is a contract with pending validity, which is only valid after the landlord's confirmation.

We are going to rent a house, and it is sublet by someone else, is it valid for us to sign a contract with her? On the day of signing the contract, she said that she would give the landlord ** us.

Invalid, without the permission and authorization of the landlord (the official property owner), it is useless to give a**, if you give your landlord's ** number in advance, you can check with the landlord that the information is indeed the landlord, and you are allowed to rent according to the agreed content is valid.

Hello, sublease is possible, but it must be agreed by the lessor of the original lease contract to be valid. Good luck!

1. Whether the housing lease contract has legal effect.

1. Whether the housing lease contract has legal effect depends on the situation

1) If the subject of the contract complies with the regulations, the house is allowed to be rented by laws and regulations, and the content of the housing lease contract is legal, it will have legal effect;

2) If the subject of the contract does not meet the regulations, the content of the housing lease contract is illegal, and it has not been registered and recorded, and it has no legal effect.

2. Legal basis: Article 465 of the Civil Delay Code of the People's Republic of China.

Contracts established in accordance with the law are protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 466.

Where the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law.

If the contract text is concluded in two or more languages and it is agreed that it has the same effect, the words and phrases used in each text are presumed to have the same meaning. Where the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose, and principle of good faith of the contract.

2. What are the circumstances under which the contract can be revoked?

The circumstances under which a contract can be revoked are as follows:

1. The parties signed the contract based on a major misunderstanding;

2. A contract signed by a party or a third party who is fraudulently contracted by a party or a third party;

3. One party or a third party compels the parties to sign the contract by coercion;

4. It was obviously unfair when it was established.

It depends. After the housing lease contract is signed or sealed by both parties on the contract, it has the legal effect of car leakage; If the housing lease contract is not signed or sealed by both parties, it has no legal effect. Legal basis:

Article 465 of the Civil Code of the People's Republic of China: Contracts established in accordance with law are protected by law. A contract established in accordance with law is legally binding only on the parties, unless otherwise provided by law.

Legal Analysis: Depends on the circumstances. The housing lease contract has legal effect after both parties sign or seal the contract; If the lease contract is not signed or sealed by both parties, it has no legal effect.

Legal basis: Article 465 of the Civil Code of the People's Republic of China Contracts established in accordance with law are protected and protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 143 of the Civil Code of the People's Republic of China is valid for civil juristic acts that meet the requirements for the transfer of the following branches: (1) The actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (Three fierce grip of the game) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. Article 703 of the Civil Code of the People's Republic of China provides that 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.

The legal provisions for the validity of a housing lease contract are that a housing lease is a civil legal act, which is deemed valid as long as it satisfies the qualifications of both parties, the expression of intent is true and consistent, and the non-cessation of accompaniment violates national laws and regulations and the public interest.

1. How to judge whether the housing lease contract is not stupid or valid.

The effective elements for judging whether a housing lease contract is valid are: 1. Whether the parties have the corresponding capacity for civil conduct; 2. Whether the expression of intention is true; 3. Whether the contract violates the mandatory provisions of laws and administrative regulations, and whether it violates public order and good customs. According to Article 143 of the Civil Code implemented in 2021, civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 146 stipulates that civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid.

2. Can the homestead lease contract stipulate the validity period?

The homestead lease contract shall be effective immediately in accordance with the law. The homestead land is used by the peasants to build houses and their ancillary facilities, and the villagers can rent out the houses on the homestead, and the homestead use right can be rented out together according to the principle of integrating the house with the house. The qualifications of both parties, the true and consistent expression of intent, and the content of the homestead lease contract that does not violate national laws and regulations and the public interest shall be deemed valid.

3. How to write the lease contract to have legal effect.

1. The rental contract is legal and valid as long as it is the true expression of the intention of both parties, both parties to the contract have the corresponding civil capacity, and do not violate the law or the public interest. 2. The housing lease contract does not need to be notarized: the contract is legally effective from the time both parties sign it.

Of course, if both parties are willing to notarize, notarization only makes the evidence of the contract stronger. 3. Although the housing lease contract does not need to be notarized, it is now generally stipulated that the housing lease contract needs to be filed with the housing management department.

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 have not adopted written form and cannot confirm the term of the lease for more than six months under Article 707, they shall adopt written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be 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 thing, resulting in the loss of the leased thing, it shall not be liable for compensation.

Article 715 With the consent of the lessor, the lessee may improve 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.

Legal Analysis: If the housing lease contract is invalid, the contract is not legally binding from the beginning.

According to Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of the Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts, "if a housing lease contract is invalid and the parties request to pay the housing occupancy fee with reference to the rent standard agreed in the contract, the people's court shall generally support it. Where a party requests compensation for losses suffered due to the invalidity of the contract, the people's court shall handle it in accordance with the relevant provisions of the Contract Law (repealed as of January 1, 2021) and the provisions of Articles 9, 13 and 14 of this Judicial Interpretation.

Article 563 of the Civil Code The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of the debt or has other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over Urban Housing Lease Contracts》 Article 5 Where a housing lease contract is invalid and the parties request to pay the fee for the occupancy and use of the house with reference to the rent standard agreed in the contract, the people's court shall generally support it. Where a party requests compensation for losses suffered due to the invalidity of the contract, the people's court shall handle it in accordance with the relevant provisions of the Contract Law (repealed as of January 1, 2021) and the provisions of Articles 9, 13 and 14 of this Judicial Interpretation.

Article 563 of the Civil Code of the People's Republic of China The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.