The house lease contract clearly states the obligations and rights of Party A and Party B and Party A in the lease contract, the obligations and rights of Party B, the time limit for paying rent, matters needing attention, responsibilities and other related matters, and both parties can negotiate on the lease contract.

Legal analysis

A lease contract refers to a contract in which the lessor delivers the lease item to the lessee for use and income, and the lessee pays the rent. Among the parties, the lessor is the person who has the right to use or benefit from this clause, and the lessee is the person who has the right to use or benefit from the lease item. The lease contract is a promise contract, and the establishment of the lease contract is not based on the delivery of the lease item. The contents of the lease contract include the name, quantity, use, lease term, rent, payment term and method, maintenance, etc. In the lease contract, the lessee's purpose is to obtain the usufructuary right of the lease item, and the lessor only transfers the usufructuary right of the lease item without transferring its ownership; When the lease contract is terminated, the lessee shall return the lease item. This is the fundamental feature that distinguishes the lease contract from the sales contract. In the lease contract, there is a consideration relationship between paying the rent and transferring the usufructuary right of the leased property. Paying rent is the consideration for obtaining the usufructuary right of the leased property, and obtaining rent is the purpose of the lessor to rent the property. The establishment of a lease contract is not based on the delivery of the leased property. As long as the parties reach an agreement according to law, the contract is established. According to whether the term of the lease contract is determined, it can be divided into fixed-term lease and indefinite lease. The parties may stipulate the lease term in the lease contract. If the lease term is not stipulated, it is an indefinite lease. For an indefinite lease, either party has the right to terminate the contract at any time according to its own wishes, but it shall notify the other party in advance before terminating the contract. However, whether the lease term is agreed or not, the lease term is limited by the legal term of 20 years.

legal ground

Article 704 of the Civil Code of People's Republic of China (PRC) generally includes terms such as the name, quantity, purpose, lease term, rent, payment term and method, and maintenance of the leased property.