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How to write a rental contract is legal and effective?
1, whether the subject of the contract meets the requirements, that is, whether the lessor and the lessee have the constitutive requirements of effective civil acts. If it is a person without or with limited capacity for civil conduct, whether the lessor is the owner or legal user of the house;
2. Is the house prohibited from renting by laws and regulations? As long as the house is not prohibited by laws and regulations, it can be rented according to law. According to the regulations, houses under any of the following circumstances shall not be rented:
(1) Failing to obtain the house ownership certificate according to law;
(two) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law;
(3)* * There is a house without the consent of * * * *;
(4) The ownership is disputed;
(5) illegal construction;
(six) does not meet the safety standards;
(seven) mortgage without the consent of the mortgagee;
(8) It does not conform to the relevant regulations of public security, environmental protection, health and other competent departments;
(9) Other circumstances in which leasing is prohibited by relevant laws and regulations.
3. No matter whether the contents of the house lease contract are legal or not, in practice, some house lease contracts stipulate that the lessee's overdue payment of rent, utilities and other late fees shall be calculated at 2% per day. Legally speaking, this agreement is unfair because the late payment fee is very high and belongs to the revocable clause. Another common situation is that someone uses the rented house to engage in illegal and criminal activities. If it is true, this kind of lease contract is invalid and not protected by national laws. If the lessor knows or should know, the rent shall be confiscated according to law.
Legal basis: the lease contract in the Measures for the Administration of Urban Housing Lease.
Article 9 The parties to a house lease shall sign a written lease contract with the following terms:
1. Name and domicile of the party concerned.
The location, area, decoration and facilities of the house;
3. Leased purposes.
4. Term of lease.
(5) Rent and mode of delivery;
(6) Responsibility for house repair;
7. Sublease agreement;
(eight) the conditions for the change and termination of the contract;
9. Liability for breach of contract.
(10) Other terms agreed by the parties.
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