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1. When signing the lease contract, it is necessary to indicate the rental period, the specific address of the rental (consistent with the real estate certificate), the indoor facilities (because if it is decorated and furnished, it must be written clearly, so as not to cause disputes when returning the lease in the future), who pays the water and electricity bills, property fees, cable and wire closure fees, etc., and the house rent and remarks (Party B shall not charge any additional fees during the rental period.) )
2. Check the landlord's title deed and ask for a copy. It should also be noted that some landlords entrust their relatives or friends to help with ** rental matters, and ask his relatives or friends to issue a "power of attorney", which specifically writes some "name of the client or ** person, ID number, work unit, etc., and also to write that I specially entrust the above ** person to handle various matters related to housing rental for me, sign the relevant documents, and I will recognize it."
3. The materials to be issued when signing the contract include: the original ID cards of both parties (which are used to see), a photocopy, the original and a copy of the real estate certificate, and a power of attorney (if it is not the landlord himself). Then there are two "contracts", so that's pretty much it.
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Analysis of the law of law: when signing a housing lease contract, attention should be paid to whether the information about the homeowner is true; Whether the terms and conditions regarding housing information, property rights, and use rights are clear; the accuracy of the terms regarding time, **, place, force majeure; Whether the terms on property management and liability for breach of contract are clear, etc.
Legal basis: Article 8 of the Administrative Provisions on the Transfer of Urban Real Estate The real estate transfer contract shall contain the following main contents:
1) The names and addresses of both parties;
2) The name and number of the real estate ownership certificate;
3) The location, area, or boundaries of the real estate;
4) The land parcel number, the method and term of acquisition of land use rights; Status.
5) the use or nature of the use of the real estate;
6) Transaction** and payment method;
7) the time when the real estate is put into use;
8) Liability for breach of contract;
9) Other matters agreed upon by both parties.
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Legal analysis: The content of the contract is agreed upon by the parties and generally includes the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.
Contracts established in accordance with the law are protected by law.
Legal basis: Article 465 of the Civil 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 470 of the Civil Code of the People's Republic of China.
The content of the contract is agreed upon by the parties and generally includes the following clauses: (1) the names of the parties and the residence of the Sun faction; (2) the subject matter; (3) Quantity; (4) Quality; (5) Congratulatory remuneration for price or retribution; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to various model texts that are consistent with Li Sentong.
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The lease contract generally stipulates the method and duration of rent payment by the tenant, and the responsibilities of both parties. Once the rental contract is signed, it is legally binding on both parties.
Legal basis: Article 469 of the Civil Code of the People's Republic of China The parties may conclude a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.
The data messages that can be tangibly expressed in the form of electronic data interchange (EDI) and electronic surplus mail and can be retrieved at any time are regarded as the form of the book and the friend.
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Pay attention to the signing of a rental contract: first, if you find a third-party intermediary agency, you should pay attention to the credibility of the intermediary and the evaluation of the intermediary by others. Pay attention to whether the contract can be subleased, liability for breach of contract, etc.; Second, when signing the lease contract, pay attention to whether there is a dispute over the ancestral spirit object, whether it can be subleased, the maintenance of the leased property, the lease period, the amount of the rent deposit, the payment method and the time limit of the rent.
Pay special attention to the parties' liability for breach of contract.
Article 224 of the Civil Code of the People's Republic of China.
The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid, and if the third party causes losses to the leased property, the lessee shall compensate for the losses.
Article 215.
If the lease term is more than six months, it shall be in writing. If the parties do not adopt the written form, it shall be regarded as an indefinite lease.
Article 217.
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 61 of this Law, it shall be used in accordance with the nature of the leased item.
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Things to pay attention to when signing a rental contract:
1. The landlord is required to issue the original certificate of real estate fraud and hardship and the landlord's own ID card, and make a copy of each copy, and the contract can only be signed after verification. When signing the "lease contract", the rental period and the specific address of the rental should be indicated, and the specific address filled in should be consistent with the real estate certificate.
2. Write clearly in the contract that the indoor facilities are included, including the furniture and household appliances in the room, and if you need to decorate, you should also indicate it in the contract to avoid unnecessary disputes when you quit the lease in the future. Clearly state who will pay for utilities, broadband internet fees, property fees, cable closure fees, etc.
3. After the house rent clause is written, note that "Party B shall not charge any additional fees in any name during the rental period". It should also be noted that if the landlord entrusts his relatives or friends to help with ** rental matters, if possible, the landlord needs to sign the contract in person, otherwise, his relatives or friends should issue a "power of attorney", which specifically states the name of the principal and the ** person, ID number, work unit, etc., and also writes "I hereby entrust the ** person listed above to handle the relevant rental matters and sign the relevant documents for me".
4. If the lessor is not the landlord, it must be noted that the difference in the signed lease contract must be approved by the landlord, and the lease term cannot exceed the original lease contract. If there are additional conditions such as safety and environmental factors, after discussing with the landlord, try to write them into the additional conditions of the contract, and it must be noted that the deposit should be paid after signing the contract and writing the additional conditions.
5. The agreement on rent collection and property management fee collection should be clear. The rent is collected by the lessor and is the consideration for the tenant's use of the premises; The property management fee is charged by the property rental management company, which is the fee charged by the property management company to provide services to all owners and tenants through its own business activities, and the two are not a legal relationship and cannot be confused. However, if there is no specific agreement between the parties in the contract, the lessor has no right to require the lessee to pay the property management fee.
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