If the rental contract is a format clause provided by the party providing the house (that is, when you rent a house, he will provide you with an agreement for you to sign), generally speaking, Party A is the property owner and Party B is the renter. people. However, Party A and Party B are just a code, and it is just a habit for us to use it this way. It depends on which party has what rights and obligations in the contract. It is not impossible for you to exchange parties A and B, as long as the content of the contract is consistent with it.
1. The house leasing contract is a contract that transfers the right to use the house.
This distinguishes it from a contract of sale. The latter is for the purpose of transferring ownership of an object. Since the house leasing contract only transfers the right to use the house, the lessee can only make profits from the use of the leased house in accordance with the contract and cannot dispose of it. When the lessee becomes bankrupt, the leased house shall not be included in the bankruptcy property, and the lessor has the right to take it back.
2. The house rental contract is a commitment, mutual and paid contract.
The house leasing contract is established when the two parties reach an agreement, and the delivery of the house is not an essential condition for the establishment of the contract. Therefore, it is a promise contract rather than a practical contract. Both parties bear the rights and obligations of each other, and it is a bilateral contract. The lessor's purpose of leasing the house is to obtain rent, while the lessee's purpose of paying rent is to obtain the right to use the house, so the lease contract is a paid contract.
3. The house rental contract is temporary.
What the house leasing contract transfers is the right to use the leased house, so the lease period should not be too long, otherwise it will be inconsistent with the purpose of temporarily transferring the right to use the house, and it will also be easy to cause disputes over the return of the house. Moreover, the lease contract is a creditor's rights relationship, which is different from the property rights in permanence. If the lease period is too long, it will also be harmful to the improvement of the leased house. Therefore, Article 214 of the Contract Law stipulates: "The lease term shall not exceed twenty years. If it exceeds twenty years, the excess part shall be invalid. When the lease period expires, the parties may renew the lease contract, but the agreed lease period Not more than twenty years from the date of renewal.”