What should I do if I have several tenancy contracts for the same property?

Real-world problems. Ding, as the lessor, entered into a housing lease contract with Liu in October 2008, but Liu was not in a hurry to move into the rental house. In November 2008, Ding and Ji signed a housing lease contract, and Ji moved into the rental house on the same day.

In December 2008, Ding entered into a housing lease contract with Lu, and went through the registration and filing procedures on the same day. When Liu and Lu wanted to move into the rental house one after another, they found Ji who was already living in the rental house, and the three had an argument. So, what should be done according to the law?

Lawyer answers. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts, if the lessor enters into several lease contracts for the same house, and the lessee claims to perform the contract if all the contracts are valid, the people's court shall determine the lessee to perform the contract in the following order: (1) the lessor has lawfully occupied the leased house; (2) Those who have gone through the registration and filing formalities; (3) The contract was formed first.

If the tenant who cannot obtain the leased house requests to terminate the contract and compensate for losses, it shall be handled in accordance with the relevant provisions of the Contract Law.

Therefore, in this case, although Liu entered into the housing lease contract earlier than Ji, and although Lu's housing lease contract had been registered and recorded, Ji became the lessee who was truly able to perform the contract based on the fact that Ji had already occupied the leased house before the two of them. Of course, the housing lease contract entered into by Liu, Lu and Ding is also legal and valid, so Liu and Lu can require Ding to terminate the contract and compensate for losses.

Links to legal provisions. 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 6 If the lessor enters into several lease contracts for the same house, and the lessee claims to perform the contract under the condition that the contracts are all valid, the people's court shall determine the lessee to perform the contract in the following order:

1) Those who have lawfully occupied the rented house; (2) Those who have gone through the registration and filing formalities; (3) The contract was formed first.

If the tenant who cannot obtain the leased house requests to terminate the contract and compensate for losses, it shall be handled in accordance with the relevant provisions of the Contract Law.

First, the two parties sign the contract, and the deposit or rent is incurred Second, the two parties keep each other's copy information. The tenant retains the landlord's ID card and a copy of the property ownership certificate, and the lessor retains a copy of the tenant's ID card. (Copies can be crossed out and written to prevent other uses) Second, register and check the quantity, new and old and use of indoor furniture, electrical appliances, facilities and equipment Third, read the bottom number.

Including the number of electricity meters (the balance amount of the prepaid card meter needs to be recorded and liquidated when the contract is terminated), the number of water meters (as above), and the number of gas meters (as above). Before the contract is signed, the costs incurred in the bottom of the table shall be borne by the lessor, and the expenses incurred in the future shall be borne by the lessee. Fourth, hand over the house key, access card, parking space, etc. If necessary, the lessor will take the tenant to the property to register, and if the management is strict, it is necessary to register with the local police station and neighborhood committee.

If the lessor enters into lease contracts with two or more persons at the same time for the same leased property, how to determine the validity of these lease contracts? If the lessor signs lease contracts with different lessees at the same time for the same leased property, the lease contracts are valid, and the lessee may claim contractual rights against the lessor in accordance with the lease contract. If the lessee claims that the lease contract is invalid after the contract was signed, it shall not be supported.

If one of the lease contracts has been actually performed, and the lessee of the other lease contracts claims to perform the contract, it will not be supported because it cannot be performed. In the course of the trial, the court may explain to the parties that it is allowed to change the claim and claim the liability for breach of contract against the lessor in addition to the actual performance of the contract.

Article 6 of the Administrative Measures for the Leasing of Commercial Housing shall not lease a house under any of the following circumstances: (1) it is an illegal building; (2) Failure to comply with mandatory standards for safety, disaster prevention, and other engineering construction; (3) Changing the nature of the use of the house in violation of regulations; (4) Other circumstances where laws and regulations prohibit rental.

Legal analysis: In the process of signing a contract between the two parties, each contract has the same legal effect for two copies of the same content. However, if there is an inconsistency between the two contracts, it is necessary to explain the terms or contents of the inconsistencies in the contract, so as to determine which contract terms or contents are the true expression of the intentions of both parties.

When interpreting a contract, it is judged based on the trading habits of both parties, the common language of the contract, and the context of the contract. When the two parties cannot reach a consensus on the interpretation of the contract, and the lawsuit is brought to the court, the judge shall make a determination based on the circumstances of the case and relevant evidentiary materials. If there is a sequence in the time when the two contracts are signed, and both contracts are valid contracts, unless otherwise agreed by the parties, if the two contracts have different agreements on the same content, the content determined in the later contract shall prevail according to the time of the conclusion of the contract and does not violate the purpose of the contract.

If the contents of the two contracts do not conflict, but only the contents of the contracts are different, it cannot be simply determined that the latter agreement is a modification of the previous agreement, or that the latter agreement is a supplement and improvement of the previous agreement. If the contract is signed at the same time, it is necessary to confirm the actual performance of the contract according to the purpose of the contract signed by both parties and the actual performance of both parties.

Legal basis: 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 do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in 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 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. 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.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts, if a lessor has entered into several lease contracts for the same house, those who have already lawfully occupied the leased house may be given priority to become the lessee, those who have subsequently gone through the registration and filing formalities may become the lessee, and the one whose final contract has been established earlier may become the lessee.

Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts Article 5 If a lessor enters into several lease contracts for the same house, and the lessee claims to perform the contract if all the contracts are valid, the people's court shall determine the lessee to perform the contract in the following order:

1) Those who have lawfully occupied the rented housing; Quietly rising.

2) Those who have already gone through the formalities for registration and filing;

3) The contract was formed first.

If the tenant who cannot obtain the leased house requests to terminate the contract and compensate for losses, it shall be handled in accordance with the relevant provisions of the Civil Code.

1. What are the judicial interpretations of the Civil Code on disputes over housing lease contracts?

The judicial interpretation of housing lease contract disputes is the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Urban Housing Lease Contract Dispute Cases, as amended on December 23, 2020.

Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts Article 1 The term "urban housing" in this interpretation refers to the housing in the planning area of a city or town.

Cases of disputes over housing lease contracts in township and village planning areas may be handled with reference to this interpretation. However, where the law provides otherwise, those provisions shall apply.

This interpretation does not apply to cases of disputes arising from parties leasing public housing, low-rent housing, or affordable housing in accordance with national welfare policies.

Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts Article 2 The lease contract concluded between the lessor and the lessee for the houses that have not obtained the construction project planning permit or has not been constructed in accordance with the provisions of the construction project planning permit shall be invalid. However, where a construction project planning permit is obtained before the conclusion of the first-instance court's debate or construction is approved by the competent department, the people's court shall find it valid.

Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts Article 3 The lease contract concluded between the lessor and the lessee for the temporary construction without approval or in accordance with the approved content shall be invalid. However, where construction is approved by the competent departments before the conclusion of the first-instance courtroom debate, the people's court shall find it valid.

If the lease period exceeds the service life of the temporary building, the excess part is invalid. However, where the extension of the period of use is approved by the competent department before the conclusion of the debate in the court of first instance, the people's court shall find that the lease period during the extended period of use is valid.

If there is more than one room rented, who obtains the right to lease is also clearly stipulated in the interpretation of the Supreme People's Court: According to the first paragraph of Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts, "if the lessor enters into several lease contracts for the same house, and the lessee claims to perform the contract under the condition that the contracts are all valid, the people's court shall determine the lessee to perform the contract in the following order: Jin Xiang (1) has lawfully occupied the leased house; 2) Those who have already gone through the formalities for registration and filing; 3) The contract was formed first.

Legal basis Article 5 of the Interpretation of the People's Court of the Most Xiangzhi Bo Gao on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over Urban Housing Lease Contracts has been given, and readers are requested to refer to it according to the situation. ”