For many home buyers, the price of a house is very expensive. If you do not have the financial strength, it is difficult to buy a house, so you can choose to rent a house temporarily to spend your time. This is a special period. Nowadays, when people rent a house, they will choose to sign a house rental contract. So, can an agency sign a house rental contract on their behalf? How to write a house rental contract with legal effect?
Can I sign a house rental contract on my behalf?
1. The house rental contract can be signed on your behalf. In order to avoid disputes, it is necessary to submit a power of attorney in handwriting issued by the principal, and submit the identity certificates of the principal and the trustee. If someone else is not expressly authorized to sign on your behalf, the contract is invalid. The power of attorney needs to indicate the matters entrusted and the authority of the entrustment. Both the trustor and the trustee should be persons with full capacity.
2. Due to special reasons, the house owner cannot be present to sign the contract; if the contract is signed by his authorized client, the client must provide a power of attorney signed by the property owner; and the power of attorney must be approved by notarization. After signing the contract, the other party's notarized power of attorney should be properly kept together with the contract.
3. If the other party cannot provide the power of attorney or the power of attorney has not been notarized, the signing can be postponed; or it can be stipulated in the contract after signing that before the other party provides the above documents or before the building owner supplements the signature, The contract shall not come into force and no price shall be paid.
4. According to Article 48 of the "Contract Law of the People's Republic of China": If there is no right of agency, the power of agency exceeds the power of agency, or the contract is entered into in the name of the principal after the right of agency is terminated, the principal shall be liable to the principal. If it does not take effect, the perpetrator shall bear the responsibility.
How to write a house rental contract with legal effect?
1. A house leasing contract is a type of lease contract and has the general characteristics of a lease contract. The general provisions of the Contract Law on lease contracts shall apply.
2. The main difference between a house leasing contract and a general leasing contract is that the subject matter of the contract is a house that is a real estate property, which also brings certain specialties in legal rules, such as the lessee of the house. There is a right of first refusal, the co-residents have the right to live together and can assume the contract after the death of the lessee. House leasing must be registered with the housing management department, etc.
3. The house rental contract should state the personal information of the lessor and the lessee, as well as the specific property rights information of the rented house, and clearly stipulate the rights and obligations of both parties in the contract, especially the agreement on rental fees.
4. In addition, there are also contents such as liquidated damages. Once a dispute arises over a house rental contract, the parties to the contract can resolve it through negotiation; if the property is rented through an intermediary company, they can also ask a third party, the intermediary, to mediate and resolve the dispute; or they can file a lawsuit in the court where the leased house is located.
The above article is the relevant information compiled by the editor about whether it is possible to sign a house rental contract on behalf of others and how to write a house rental contract with legal effects. I hope it can be helpful to everyone. A house rental contract can be signed on behalf of others, but when signing a house rental contract on behalf of someone, it is necessary to know whether the person signing the house rental contract has legal agency rights.