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Potency. Contract leasing generally requires filing and registration with the relevant departments, but it does not affect the validity of the contract.
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Effective. Pay attention to the agreed lease contract on the payment method of rent, payment time, who bears the water, electricity and gas, and the liability for breach of contract.
If the rent is not very high, it is better to check whether the tenant is living in the house when renting, so as to avoid tenants subleasing or damaging the household appliances and furniture of the house.
Going to court because of lease disputes, the cost of time and money is not cost-effective.
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The relevant laws and regulations are the Contract Law of the People's Republic of China
Article 217 The lessee shall use the leased property in accordance with the agreed method. Where there is no agreement on the method of use of the leased property or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, it shall be used in accordance with the nature of the leased item.
Article 218 Where the lessee uses the leased property in accordance with the agreed method or the nature of the leased item, resulting in the loss of the leased item, it shall not be liable for damages.
Article 219 If the lessee fails to use the leased property in accordance with the agreed method or the nature of the leased thing, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.
Article 222 The lessee shall properly keep the leased property, and shall be liable for damages if the leased property is damaged or lost due to improper storage.
Article 227 If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may require the lessee to pay within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract.
Article 235 At the expiration of the lease period, the lessee shall return the leased property. The returned leased property shall conform to the state after use in accordance with the agreement or the nature of the leased item.
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The lease contract is legally binding.
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Analysis of the law sedan chair: the individual rental contract is valid if the following conditions are met: (1) the actor has the corresponding civil capacity; (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.
Legal basis: Article 143 of the Code of the People's Republic of China on Civil Closure and Acceptance.
Civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
(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.
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1. If the lease contract is signed directly with the landlord, the landlord must provide the following documents:
a) Property ownership certificate: check the property rights of the house and whether it is owned by the landlord alone.
If an intermediary is entrusted to sign a lease contract, the intermediary company is required to provide the following documents:
a) Business license: Check whether the intermediary company has legal business qualifications.
b) The agency signs a lease contract with the landlord: check whether the agency has the right to rent out the house.
c) Power of attorney: whether the landlord has authorized the agent to rent out the house in his name.
d) Title Deed: Check the name of the owner of the house.
3. If you sign a lease contract with the second landlord, the second landlord is required to provide the following documents:
b) Second-landlord ID card: whether it is consistent with the name of the tenant in the lease contract.
c) Property ownership certificate: check the property rights of the house and whether it is owned by the landlord alone.
4. Matters that should be paid attention to when signing the "Lease Contract":
1. If conditions permit, you should try to sign the "Lease Contract" with the landlord himself, otherwise you should entrust a formal real estate agency to sign the "Lease Contract", and try not to sign the "Lease Contract" with the second landlord.
2. Sign a written "Lease Contract", and choose monthly or quarterly payment as much as possible for rent payment, so as to reduce transaction risks.
3. When signing the contract, you must carefully consider the terms of the contract, and you can negotiate and modify the terms that are unfavorable to you.
4. For water, electricity, gas, **, broadband, heating fees, etc., there should be clear provisions in the contract.
5. Written handover procedures should be signed to confirm the original facilities and conditions in the house, and indicate the base number of various water, electricity, gas and other tables.
6. The payment receipt should be kept and the purpose and lease period should be indicated.
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The landlord has the obligation to ensure that the tenant can use the rented property conveniently, and it is against your obligation to lock the toilet, but the tenant is violating your property rights by smashing the lock, and he can be asked for compensation.
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For this alone, even if the police are called, it is only mediation.
This is actually a lease contract dispute.
If the toilet is blocked, it depends on what the reason is, if the reason for normal use is blocked, there is no special agreement, and you are responsible for dredging. If it is blocked by improper use, he is responsible for passing.
If one party is in serious breach of contract, the other party can terminate the contract and require the other party to bear the liability for breach of contract. Locking the door of the toilet is not a good idea.
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First, because the tenant blocked the toilet, he can be asked to pay for it.
Second, if you lock the toilet, the tenant will not be able to fulfill the purpose for which he is renting your house, and you are in breach of contract.
Third, it is recommended to negotiate a settlement and use it reasonably in the future.
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1. The original contract may be terminated by both parties.
2. Check the business license and other relevant documents to determine the legal business identity.
3. You need to sign a lease contract with the landlord.
4. You and the intermediary must sign an intermediary contract and sign a housing lease contract with the landlord. If the landlord has signed a contract with the agent, you must check with the landlord.
5. The best thing to do is to negotiate with the landlord.
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