Precautions and procedures for renting and selling a house

The formal process and precautions for renting a house.

Maybe it will help you, check it out.

1. Note**. Nowadays, there are many ways to rent a house, there is a direct contact with the owner, and the rental through an intermediary is relatively unsafe, and the homeowner will not directly enter your room. 2. Look at the contract.

When signing the lease contract, it is necessary to indicate the liability of both parties for breach of contract, as well as how much liquidated damages need to be borne when the contract is terminated in advance, and how much is the deposit and how much deduction is when paying the rent. 3. Procedures. At that time, you need to choose the date of signing the contract, then pay the deposit, and finally go to the local police station to apply for a temporary residence permit or a registration certificate for the elderly.

Legal analysis: The matters to be paid attention to in renting housing are: 1. The rental must sign a formal rental contract, the content of the contract should be detailed, and the lease term is more than six months, but the lease term shall not exceed 20 years, and the lease contract shall be invalid.

The lease may be renewed at the end of the lease term, and the renewal period shall not exceed 20 years; 2. The lessor shall bear the maintenance obligation of the house during the lease period, ensure the normal residence of the house, and meet the needs of the lessee in strict accordance with the provisions of the contract, but if the leased property needs to be repaired due to the fault of the lessee, the lessor shall not bear the maintenance obligation specified in the preceding paragraph.

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

Article 705: The term of the lease shall not exceed 20 years. If it exceeds 10 years, the excess part is invalid. Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

Article 707: Where the lease period is more than six months, it shall be in writing. 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.

Article 713 The lessee may request the lessor to repair the leased property within a reasonable period of time when the leased property needs to be repaired. If the lessor fails to perform the maintenance obligation, the lessee may repair it by itself, and the maintenance cost shall be borne by the lessor. If the use of the leased property is affected by the maintenance of the leased property, the rent shall be reduced or the lease term shall be extended accordingly.

If the leased property needs to be repaired due to the fault of the lessee, the lessor shall not bear the maintenance obligation provided for in the preceding paragraph.

In judicial practice, the usual procedures for renting a house are:

1. Have a comprehensive understanding of the location where the house is located, the structure and ancillary equipment of the house, the number of houses, the solidity of the house and other specific conditions.

2. Understand the relationship between the lessor and the house, including whether the lessor is the owner, whether it is a co-owner, whether it is a co-owner, whether it has the right to rent the house, whether there is a dispute over the property rights of the house, etc.

3. Preliminary contact and preparation of contract text.

4. Sign the housing lease contract and register. When the parties agree on their intentions and reach a written agreement, the housing lease contract is established, and they must be registered with the housing management department according to the regulations.

Precautions for renting:

1. Homeowners who cannot provide property rights (originals) should not be trusted.

2. Do not believe that the property right certificate and the ID card are not the same number.

3. Confirm the ID number with the public security bureau of your residence.

4. Ask the neighborhood committee (or neighbor) about the landlord and check whether the description is the same as the landlord.

5. If the landlord asks for a monthly rent payment or a large deposit, you should be especially careful about the situation.

Legal basis

Article 704 of the Civil Code stipulates that the content of the lease contract generally includes the name, quantity, use, lease term, rent and payment period and method of the leased object, maintenance of the leased object, etc.