Why does an individual rental contract come into effect if it is signed without a seal and without a

Of course it works. 1) The rental contract is legal and valid as long as it is the true expression of your intentions, both parties to the contract have the corresponding civil capacity, and does not violate the law or the public interest.

2) The housing lease contract does not need to be notarized: the contract is legally valid 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.

The lease contract is formed after the lessor and the lessee agree on the terms of the rent, term, liability for breach of contract, etc. Whether the housing lease contract has legal effect after establishment is mainly examined from the following four aspects.

1) Determine whether the subject of the housing lease contract complies with the provisions, that is, whether the lessor and the lessee have the constitutive elements of a valid civil act. For example, whether it is a person with no or limited capacity for civil conduct, or whether the lessor is the owner of the house or the person with the right to use the law.

2) Whether the house is prohibited by laws and regulations from being rented. As long as the house is not prohibited by laws and regulations, it can be rented out in accordance with the law. According to the regulations, houses are not allowed to be rented out under any of the following circumstances:

1) Failure to obtain the house ownership certificate in accordance with the law;

2) Judicial and administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law;

3) The co-ownership of the house has not obtained the consent of the co-owners;

4) The ownership is disputed;

5) It is an illegal building;

6) Non-compliance with safety standards;

7) It has been mortgaged without the consent of the mortgagee;

8) It does not comply with the relevant provisions of the competent departments of public security, environmental protection, health, etc.;

9) Other circumstances that prohibit leasing according to relevant laws and regulations.

3) Whether the content of the housing lease contract is legal. In practice, some housing lease contracts stipulate that the tenant will be charged a late fee of 2% per day for late payment of rent, utility bills, etc.

From a legal point of view, this kind of agreement is unfair and voidable because the late payment fee is too high. There is also a common situation where someone uses the rented house to carry out illegal and criminal activities, if it is true, then under the circumstances that the lessor knows or should know, such a lease contract is invalid and is not protected by national law, and the rent is confiscated according to law.

4) Determine whether the housing lease has been registered and recorded. The Law on the Administration of Urban Real Estate, the Measures for the Administration of Urban Housing Leasing and the leasing regulations of the city all stipulate that the parties to the lease shall go through the registration and filing procedures with the real estate management department.

In practice, there are two views on whether an unregistered lease contract is valid, one is that the contract is invalid, and the other is that the lease contract is still valid but not effective against third parties.

Legal Analysis: May be valid or may not be effective. Whether a contract with only a signature without an official seal has legal effect should be analyzed according to the specific circumstances:

1. If the contract is signed by the principal of the unit within the scope of his authority, or the legal representative of the unit, the contract is valid. 2. If the signing of the entrusting person does not have the right to sign the contract, beyond the right or after the termination of the right to point the contract, the signed contract is valid after being recognized by the person. If the accompaniment is not recognized, the contract is invalid, and the actor bears civil liability.

Where the person knows that others are carrying out civil acts in his or her own name but does not deny it, it is deemed to be consent.

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

Article 143:Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for conduct in the civil draft; (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 919:An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs.

Legal Analysis: Legally Enforceable. If the content of the contract is legal and there is no seal at the end, but the signatures or fingerprints of both parties are also valid, and the signature and seal have the same legal effect.

Legal basis: Article 466 of the Civil Code of the People's Republic of China and the People's Republic of China 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 text of the contract 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 clauses, nature, and the principle of good faith in the contract.

Legal analysis: The rental contract is only signed but not sealed, and generally has legal effect. According to the relevant regulations:

The content of the contract is agreed upon by the parties and generally includes the following clauses: (1) the name chain or name and address of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration. (6) The performance period, location, and method; (7) Liability for breach of contract and (8) Methods of dispute resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts. If the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign or affix their seals. A contract established in accordance with law shall take effect from the time of its establishment.

Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions.

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

Article 470: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. The parties may conclude a contract with reference to the model texts of various types of contracts.

Article 490:Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting. When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

Article 502:Contracts established in accordance with law shall take effect upon their establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses.

If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.