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The precautions are as follows:
Some agents claim to not charge intermediary fees to tenants, but charge ** fees to landlords, for tenants, is there really such a free lunch? In any case, be sure to meet the landlord, confirm with the landlord whether he is paying the agency, and don't rent if you can't see how cheap the landlord's house is.
In addition to providing services to both the lessor and the tenant, the intermediary also has a first-class way, that is, the owner entrusts ** to the intermediary, the two parties sign the contract, the intermediary first reviews all the documents of the owner, and pays in advance, all the risks are borne by the intermediary first, and the tenant signs the lease contract with the intermediary, if the tenant is deceived because the intermediary is accidentally deceived, the intermediary has to bear all the costs. Generally, this kind of **** is due to the special needs of the owner, such as going abroad, working and the elderly, and not having time to take care of the house. 。
It is not necessary to see the landlord himself, but you can see the agreement between the agent and the landlord, as well as a copy of the owner's real estate certificate and ID card, the original cannot be given to the intermediary company. If the intermediary company you choose is better, **** is sometimes better than signing a contract directly with the landlord, for example, the landlord quits the lease halfway, and the deposit may not be returned to you, and the intermediary ** can not quit the lease halfway, otherwise double the compensation.
When choosing an intermediary company, you still have to choose a formal one, because these aspects of a less formal house may not be deceitful, but other aspects such as the configuration of goods and services cannot keep up, or the decoration earns a lot of gray income.
The long-term lease intermediary fee is not charged repeatedly, and the intermediary fee in Beijing is based on the transaction price of one month's rent, and only one payment is equivalent to one month's rent as the charging standard, even if it has been rented for many years, there is no need to pay the intermediary fee. However, if it is renewed, you can only re-sign the contract with the intermediary company.
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Legal analysis: When signing the contract, you must read the content of the contract clearly before signing, don't be in a hurry, be meticulous: 1. Look at the real estate certificate of the landlord to avoid the appearance of the second landlord.
2. Rent and payment methods. 3. Lease term. 4. Liability for breach of contract.
If there is a dispute between the two parties during the rental period, it will be resolved through negotiation, and if the negotiation fails, it can be mediated by the housing management department or appealed to the court. 7.All fees must be paid with a receipt, stamped with a financial red seal, and the company name on the seal must be consistent with the holding on the rental contract.
Legal basis: Article 961 of the Civil Code of the People's Republic of China An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for the conclusion of a contract, and the client pays remuneration.
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Legal analysis: If the landlord entrusts an intermediary to sign on his behalf, he can sign a rental contract with the intermediary company. At that time, the contract signed shall be subject to the contract with the intermediary.
When signing the contract, you must read the content of the contract clearly before signing, 1. Look at the landlord's real estate certificate to avoid the appearance of the second landlord. There is a term in the housing agency industry in this society called second landlord, which is to sublet the house they rent to in order to earn the difference, so if you can rent a house, you can ask the landlord to provide a real estate certificate to confirm the right to income from the house. In order to avoid the fact that Shenzai can't find the second landlord after renting, and is evicted by the original landlord.
2. Rent and payment methods. The rent of the house shall be determined by the lessor and the lessee through negotiation, and the lessor shall not increase the rent without authorization during the term of the lease. Rent payments can be made annually, semi-annually, or quarterly.
If you pay the rent for a longer period of time at once, you can bargain with the landlord and ask for some concessions. However, from the perspective of the lessee's affordability, the financial burden caused by monthly or seasonal payments is relatively small. 3. Lease term.
When signing the rental contract, you should stipulate the specific lease period in the contract. so as not to cause disputes. 4. Liability for breach of contract.
When signing the contract, both parties should agree on the liability for breach of contract in the contract. If the liquidated damages stipulated in the lease contract are too high, they are not protected by law.
Legal basis: Article 965 of the Civil Code of the People's Republic of China: If, after accepting the services of an intermediary, the client uses the trading opportunities or intermediary services provided by the intermediary to bypass the intermediary and directly conclude a contract, he shall pay remuneration to the intermediary.
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Rental contracts tend to overlook details, but here are a few of the most important things to keep in mind.
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Legal analysis: matters to be paid attention to when signing a rental contract with an intermediary: 1. It is necessary to determine whether the intermediary has the right to rent the house; 2. The tenant should know the real owner of the house; 3. The contract should stipulate the performance period, method, liability for breach of contract and the method of dispute resolution.
Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include 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.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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What should be paid attention to when signing, 1. The landlord is required to issue the original and the landlord himself, 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 water, broadband internet 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 the renting of the house, if possible, the landlord needs to sign the contract in person, otherwise, his relatives or friends should issue an "authorization", which specifically indicates 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 also calls the non-landlord, it must be noted that 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, environmental factors, etc., after discussing with the landlord, strive to include the relevant knowledge of the additional conditions of the contractFurther reading: What to do if the rental contract is invalid.
1. The party at fault shall compensate for the loss: if the party at fault causes the invalidity of the rental contract, it shall also compensate the other party for the losses caused, and if both parties are at fault, they shall bear the corresponding responsibility, that is, the corresponding economic compensation. and digging.
2. Handling of decoration disputes: If the tenant or landlord claims compensation for the losses suffered due to the invalidity of the contract, during the execution of the invalid contract, that is, the tenant decorates the house with the consent of the landlord, and when the rental contract is invalid, the landlord agrees to use the house decoration, which can be discounted to the landlord; If you do not agree to use it, you can demolish it by the tenant, and it is worth noting that care should be taken to restore the house to its original state during the demolition process. However, if the tenant decorates and decorates without the consent of the landlord, the tenant shall bear the corresponding economic losses.
In the event of a dispute between the tenant and the landlord during the execution of the invalid contract, if the two parties cannot reach a settlement, they can directly go to Lu Hail to resolve the relevant matters through legal channels.
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