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Parking space Lease contract template Lessor (Party A.
Lessee (Party B): After full negotiation, Party A and Party B now lease Party A's private parking space to Party B as a vehicle (license plate number.
Parking and use, and sign the following terms of the parking space lease contract, A and B jointly abide by and implement. 1. The rent of this parking space is yuan for the whole month, capitalized: The payment method is Party B If you need to renew the lease when it expires, you need to notify Party A 1 month in advance.
Party B retains the rent receipt.
As a proof of payment, parking space management fees.
To be paid by Party A. 2. The lease term is from YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY 3. If Party B wants to sublease the site to a third party during the lease period, it must obtain the consent of Party A before subletting, otherwise it will be deemed to be in breach of contract, and Party A can take back the parking space, and the remaining rent will not be refunded.
4. Party A's responsibilities and obligations: 1. During the lease period, if Party A needs to take back the right to use the parking space used by Party B in advance, Party A shall notify Party B one month in advance and refund the remaining rent, and compensate Party B for one month's rent. 2. During the lease period, the site maintenance and overhaul costs caused by natural damage shall be paid by Party A, and the costs incurred by the site maintenance caused by man-made damage (including Party B) shall be paid by the actor.
3. The space leased by Party A is only used by Party B for parking vehicles, and is not kept in any way; If there is any loss or man-made damage to the vehicle parked by Party B, Party B shall be responsible for all consequences. 5. Party B's responsibilities and obligations: 1. Party B must pay the parking space rent on time according to the terms of the contract during the lease period; If Party B is in arrears of rent for one week, it will be deemed to have terminated this contract on its own, and Party A has the right to take back the parking space and reserve the right to collect arrears and liquidated damages from Party B.
rights. (If the renewal contract cannot be signed as scheduled due to special circumstances, the consent of Party A must be obtained in advance by written notice or ** notice, and the arrears shall be paid together with the arrears when the two parties sign the renewal contract). 2. During the lease period, if Party B needs to withdraw the parking space in advance, Party B must notify Party A one month in advance and terminate this contract, and Party A will refund the remaining rent to Party B after deducting one month's rent.
3. Party B must park the vehicle according to the parking space and property management requirements, and take anti-theft measures, and Party B shall bear all losses if any vehicle is lost or damaged. 6. This contract shall come into force on the date of signing of the double escort lead party, and there shall be a supplementary agreement hereafter.
processing, which is in equal force and effect as this contract. 7. This contract shall be executed in duplicate, and both parties shall hold one copy each. Lessor: Lessee: **: **: YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
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Legal analysis: The content of the contract is agreed upon by the parties, and generally includes the following large number of terms
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
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 use the written form, it is impossible to confirm the 700th and 7th article of the lease for more than six months, and the written form shall be adopted. 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 lessor's sympathy, the lessor may request the lessee to restore the original state or compensate for the loss.
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Generally speaking, parking spaces can be simply divided into two kinds, one is to be able to issue a property right certificate, and the other is not to be able to issue a property right certificate. Therefore, when you buy a parking space, you must keep your eyes open to understand whether you are signing the "Motor Parking Space Purchase Agreement", or the "Parking Space Lease Agreement" or "Use Right Transfer Agreement".
The common parking spaces that cannot be issued with property rights certificates can also be simply divided into two types. One is the parking space that has been included in the shared area. As long as it is included in the public pool, legally speaking, it belongs to the parking space that cannot be issued with a property right certificate, because it is shared by all owners.
Therefore, this type of parking space cannot be purchased as a property right, but can be leased. The other is a civil air defense parking space.
Civil air defense parking spaces are different from other parking spaces and have their particularities. Because the area occupied by the civil air defense parking spaces belongs to the civil air defense project, and the civil air defense project belongs to the construction of the civil air defense project, according to the relevant regulations, the national defense assets belong to the state. In addition, the relevant regulations of the Ministry of Construction have clearly stipulated that the basement as a civil air defense project is not included in the common construction area.
Therefore, the civil air defense parking space does not belong to the developer, nor does it belong to all the owners, and this type of parking space cannot be purchased for property rights.
According to the current judicial practice, there are two main views on the leasing of civil air defense parking spaces:
Point of view. 1. Some courts hold that no unit or individual has the right to transfer the property rights and use rights of civil air defense projects, and the act of transferring parking spaces for civil air defense projects harms the interests of the state and the interests of the buyer, and even if the two parties sign an agreement on the transfer of the right to use parking spaces, the agreement is invalid.
Point of view. 2. In accordance with the principle of "who invests and who benefits", the developer can obtain rent by leasing civil air defense parking spaces, but the use of civil air defense projects must go through registration procedures.
Therefore, if you want to rent a civil air defense parking space, it is best to obtain permission from the civil air defense department. Moreover, there is a possibility that the rental civil air defense parking space will be requisitioned by the ** department without compensation due to force majeure such as war and natural disasters.
Finally, we should also pay attention to the agreed lease term, according to Article 214 of the Contract Law, which stipulates that "the lease term shall not exceed 20 years." If it is more than 20 years, the excess part is invalid.
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Legal analysis: First of all, the garage lease contract is a named, double-service, paid, and non-existent contract, and more than 6 months should be written in accordance with the requirements of the Civil Code. Secondly, the content of the body of the contract should include:
The basic information of both parties to the lease, i.e., Party A and Party B. Finally, finally, the way of use should be improved, whether it can be subleased, and the way to bear the liability in the event of force majeure.
Legal basis: Civil Code of the People's Republic of China
Article 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, this is not the case where the mandatory provisions do not invalidate the civil juristic act.
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;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) The time limit for performance, the place and the manner;
7) Breach of contract to congratulate the appointment;
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