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What should I look for when renting a second owner's house? Second, the issues that owners need to pay attention to when renting out their houses are as follows:1
The sublease must be agreed by the landlord; 2.the term of the sublease is for the remainder of the term of this lease; 3.the lessor's right to object and the presumption of consent to the sublease; Article 224 of the Contract Law stipulates that with the consent of the lessor, the lessee may sublease the leased property to a third party.
If the lessee subleases, the lease agreement between the lessee and the lessor continues to be in effect. If a third party causes damage to the leased property, the lessee must compensate for the damage. If the lessee subleases without the lessor's consent, the lessor may terminate the contract.
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The matters that need to be paid attention to when renting a house of the second landlord are as follows: 1. The sublease must be agreed by the lessor; 2. The term of sublease shall be within the remaining term of the lease; 3. The lessor's right of objection and the presumption of consent to sublease; Wait a minute. Legal basis: Article 224 of the Contract Law stipulates that 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. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.
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1.The things in the house are clear and the handover is clear.
2.The utility gas has to be settled, and the tenant does not want to leave, and the utility has not been paid.
3.It is best to add a sum to the contract: Any unforeseen events in the rent have nothing to do with the landlord and are the responsibility of the tenant.
4.Avoid tenants being second-hand landlords.
5.Find a regular real estate agent.
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The landlord should pay attention to the location, area, decoration and facilities of the house in the contract; Housing use; the name and address of the lessee; the term of the lease; the amount of rent and the method of payment; home maintenance liability; Decoration agreements; agreement to sublease; the conditions for rescission of the contract; Liability for breach of contract and other terms agreed by the parties.
[Legal basis].
Article 704 of the Civil Code.
The content of the lease contract generally includes the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.
Article 705.
The term of the lease shall not exceed twenty years. If it is more than 20 years old, the excess part is invalid. Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.
Article 707.
If the lease term is more than six months, it shall be in writing. 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.
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1. What problems need to be paid attention to when renting housing?
First of all, the landlord should be the owner of the house, because only the owner of the house has the right to benefit from the house. If the house owner (house owner) is entrusted to rent the house on his behalf, a written power of attorney from the house owner shall be issued; In the case of subletting, the written consent of the landlord should be obtained in advance, otherwise, the contract signed by the non-owner of the house is invalid and cannot be protected by law; If the purchased public housing is rented out and the property right certificate has not been processed, the homeowner can issue the relevant certificate from the unit.
Secondly, since the land transfer fee was not paid at the time of purchase, the land income included in the rent should be handed over. However, at present, according to the relevant regulations, it is still rented as a private house for the time being, and the house lessor should apply for a "Housing Lease Permit".
Thirdly, the house cannot be rented if it has the following problems, otherwise it is illegal to rent a house.
1) Where a new residence is built, the house cannot be rented out without the comprehensive acceptance of the relevant state departments and without obtaining a ** or lease license;
2) Houses that do not have a house ownership certificate cannot be rented;
3) If the property rights are shared, the house cannot be rented out if the co-owners have different opinions or the ownership of the property rights is disputed;
4) Houses that have not signed a written "Housing Lease Contract" and have not gone through the housing lease registration and filing procedures cannot be rented;
5) Renting public housing from the housing management department or self-managed housing of other enterprises and institutions cannot be rented;
6) Without the consent of the original lessor, the lessee shall not rent out all or part of the current house;
7) Houses that have been mortgaged shall not be rented out without the consent of the mortgagee;
8) Illegal buildings or unlicensed houses built without the approval of the State Planning Department shall not be rented;
9) Dilapidated houses or temporary buildings that are in danger of collapse are not allowed to be rented;
10) Other circumstances in which leasing is prohibited by relevant laws and regulations.
Finally, when renting out a property, you should also choose carefully about the tenant and landlord, such as whether you have a stable job, whether you have bad habits, etc. Since each person's criteria are different and the situation is more complex, the specific issues are still up to the landlord to decide.
2. When can the landlord request to terminate the contract.
After the house is rented, the tenant has the right to use the house, does it mean that the landlord has no right to care about the use of the house? Of course not. In fact, if the lessee commits any of the following acts, the lessor has the right to terminate the contract and take back the house, and the lessee shall compensate for the losses caused thereby:
1) Subletting the rented premises without authorization;
2) Transferring the rented house without authorization, lending it to others, or exchanging it for use without authorization;
3) Demolishing or altering the structure or changing the use of the rented house without authorization;
4) Rent arrears for more than 6 months;
5) Public residential buildings that have been idle for more than 6 months without a legitimate reason;
6) Using rented housing to carry out illegal activities;
7) Intentionally damaging the rented premises;
8) Laws and regulations provide for other recoveries.
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1. Proper repair of the interior of the house.
If the landlord is usually busy with work and has no time to take care of the damage or too old of the house, he should paint the walls slightly, properly clean the dust in the house, repair the leaking pipes, replace the aging light bulbs, and simply retouch and tidy up the house, which can not only make the house environment look new, show a good visual effect to the tenant, but also improve the speed of renting the house.
2. Simply add home appliances and furniture to enhance the value of the house.
Usually, the main condition for deciding whether a renter rents a house or not is to look at the interior facilities of the rented property. Generally speaking, houses with complete appliances and furniture are rented out faster. Therefore, if the homeowner does not want to spend too much financial resources and wants to quickly rent out the house in his hand during the post-holiday housing rental season, the best way is to go around the second-hand home appliance market and add it appropriately.
3. Keep up with the pace of the times and adapt to the needs of renting.
With the progress and development of society, most homeowners should not stick to the traditional rental model, thinking that they can rent a satisfactory price with complete appliances and furniture. In fact, as the needs of the rental population become more and more personalized and diversified, homeowners keep up with the trend of the times. For example, the house can be equipped with **, cable TV, ADSL broadband Internet access, etc. to meet the needs of personalized and diversified tenants, so as to adapt to different rental groups after the holiday.
4. Find out the identity of the tenant through multiple channels.
The landlord can find out the identity of the tenant through the ID number or temporary residence permit number, so as to avoid disputes in the later stage, because the identity of the tenant is difficult to determine, which will cause the interests of the landlord to be unable to be protected after the acceptance.
5. Check the condition of the items in the house.
Before renting, the landlord must inspect the items in the home, especially valuable household appliances, including refrigerators, washing machines, air conditioners, televisions, etc., and it is best to check the integrity of the items in the home with the tenants, so as to avoid disputes with the tenants about the damage to the items after the daily high banquet, and indicate the distribution of repairs between the two parties after the damage to the items on the rented items.
6. Allocate rent and other expenses.
It is advisable for landlords to sign a lease contract in the presence of an agent, agent or a third person, as it is beneficial for themselves and others. In addition, the landlord should also make a clear allocation of other expenses such as water, electricity, and gas. Of course, landlords should not arbitrarily raise rents in the future, so as not to cause tenant dissatisfaction.
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