Legal analysis
Whether the established housing lease contract has legal effect is mainly reviewed from the following aspects: First, it is necessary to pay attention to whether the lease contract is invalid or revocable as stipulated in the contract law. Two, we should pay attention to review whether the lessor enjoys the substantive rights of renting the house, otherwise the contract is invalid. Third, we should pay attention to reviewing the condition of the leased house, otherwise the contract will be invalid. Four, should pay attention to review the lease term of the lease contract, otherwise the contract is invalid. A lease contract is an agreement that one party delivers the leased property to another party for use, and the other party pays the rent for it and returns the leased property after use. Housing lease contract is a kind of lease contract, which has the general characteristics of lease contract and should be applied to the general provisions of lease contract. Housing lease contract is a kind of commitment, double service and paid contract. The house lease contract was established when the two parties reached an agreement. The delivery of the house is not an important element of the contract, so it is a promise contract rather than a practice contract. The mutual rights and obligations of both parties are bilateral contracts. The lessor rents the house for rent, and the lessee pays the rent for the right to use the house, so the lease contract is a paid contract.
legal ground
Article 502 of the Civil Code of People's Republic of China (PRC) * * * A contract established in accordance with the law shall take effect upon its establishment, except as otherwise provided by law or agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations. The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.