Legal analysis
Whether the house lease contract is valid, according to the provisions of relevant laws and local administrative regulations, whether the house lease contract is valid mainly includes: examining whether the contract subject is qualified. That is, whether the lessor and the lessee have the constitutive elements of effective civil acts. For example, a person without civil capacity or a person with limited civil capacity. Review whether the leased subject matter is prohibited by laws and regulations. However, as long as laws and regulations do not prohibit the rental of houses, they should all be rented, and this lease contract is also valid. However, if the house ownership certificate has not been obtained according to law, 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. * * There are houses that are not approved by others, have disputed ownership, are illegal buildings, do not meet safety standards, have been mortgaged, are not approved by the mortgagee, do not meet the relevant provisions of the competent departments of public security, environmental protection and health, and are prohibited from renting by relevant laws and regulations. An invalid contract is an established contract, but a contract lacking effective elements is not legally binding and is not protected by national laws. The main body of the contract is unqualified, which means that a person with no capacity for civil conduct or a person with limited capacity for civil conduct enters into a contract and the legal agent refuses to ratify it. However, there are exceptions: a contract with pure interests and a contract suitable for its age, intelligence and mental health are of course valid without ratification; A contract formed because the agent is unqualified and the counterpart is at fault is invalid; A contract concluded by a legal person and the legal representative or person in charge of other organizations beyond their functions and powers is invalid if the other party knows or should know that it is beyond their functions and powers.
legal ground
People's Republic of China (PRC) Civil Code
Article 464 A contract is an agreement between civil subjects to establish, change or terminate a civil legal relationship. Agreements on status relations such as marriage, adoption and guardianship shall be governed by legal provisions on such status relations; If there are no provisions, the provisions of this part can be applied according to their nature.
Article 465 A lawfully formed contract shall be protected by law. A legally established contract is legally binding only on the parties, except as otherwise provided by law.